SHOW UP ONSTAGE LLC
MOBILE APP TERMS OF USE AND END USER LICENSE AGREEMENT

Last updated: February 20, 2023

The following Terms of Use and End User License Agreement (“Terms of Use”) govern your installation and use of the Show Up Onstage, LLC (“Show Up Onstage,” “us,” “our,” or “we”) mobile application (the “App”). Your installation and use of the App is also governed by our Mobile App Privacy Policy.
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING AND USING THE APP. BY DOWNLOADING AND USING THE APP, YOU ACCEPT THESE TERMS OF USE AND AGREE TO BE LEGALLY BOUND BY THE TERMS AND CONDITIONS OF THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT ACCESS AND/OR USE THE APP.
Show Up Onstage reserves the right, in our sole discretion, to modify these Terms of Use at any time. If you do not agree to these Terms of Use as modified, you must stop using the App. Your continued use of the App following the posting of any changes to these Terms of Use constitutes your acceptance of those changes. These Terms of Use governs any updates to the App that replace or supplement the original version unless such update is accompanied by separate terms, in which case those terms will govern.
There may also be other terms and conditions that Show Up Onstage presents to you from time to time in writing (including electronically or by posting through the App), and your continued use of the App after those terms become effective shall constitute your acceptance of those new terms. If there is any conflict or inconsistency between these Terms of Use and any such new terms, the new terms will govern and control.
The App and all references to the App in these Terms of Use include all of the App’s content, including its text, graphics, audio, interfaces, software, computer code, features, associated media, data, trademarks, logos, slogans, names of products and services, documentation, and other content (collectively, the “App Content”), and all updates and modifications to the App and App Content.
Unless expressly stated, this Terms of Use does not modify any other terms set forth in any application marketplace, including, but not limited to, the Apple App Store Terms and Conditions and Google Play Terms of Service or as otherwise required by any application marketplace provider (“Application Marketplace Provider”). You acknowledge and agree that the Terms of Use is between you and Show Up Onstage, and not between you and any Application Marketplace Provider. You further acknowledge that Show Up Onstage is solely responsible for the Application.

Permitted Uses

Subject to the terms and conditions set forth in this Terms of Use, Stand Up Onstage grants you a personal, revocable, limited, non-transferrable, and non-exclusive license to use the App on any compatible device that you own or control and as permitted by all applicable terms and usage rules set forth in any applicable application marketplace. The Application is made available only for your personal, lawful, non-commercial use.

You acknowledge and agree that the App is provided under license, and not sold to you. You do not acquire any ownership interest in the App under this Agreement, or any other rights thereto other than to use the App in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this Agreement. Show Up Onstage and our licensors and service providers reserve and shall retain their entire right, title, and interest in and to the App, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.

Use Restrictions

You shall not (and shall not permit others to):
  • Modify, disassemble, reverse engineer, copy, translate, create derivative works of, or otherwise tamper with or duplicate in any manner the App or App Content;
  • Create or use any script or automated tool that attempts to create multiple ways to access or use the App or App Content;
  • Rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the App or App Content, or any features or functionality of the App, to any third party for any reason, including by making the App or App Content available on a network where it is capable of being accessed by more than one device at any time;
  • Remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the App or App Content, including any copy thereof;
  • Interfere with the operation of the App or another’s use of the App;
  • Remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the App or App Content;
  • Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful;
  • Attack the App via a denial-of-service attack or a distributed denial-of-service attack, or otherwise attempt to interfere with the proper working of the App;
  • Transmit, or procure the sending of, any advertising or promotional material including any “junk mail”, “chain letter” or “spam” or any other similar solicitation;
  • Use the App in any way that is likely to harass, upset, embarrass, alarm or annoy any other person or which could be deemed abusive, insulting or threatening, discriminatory or which promotes or encourages racism, sexism, hatred or bigotry; or
  • Impersonate any person or entity or provide any false information that is required for obtaining access to the App or App Content.
If you engage in any of the above activities or otherwise violate this Agreement, your license to use the App will terminate effective immediately. In addition, you may be subject to legal action and may be denied future participation in any products distributed by Show Up Onstage.

Security

The App is password protected and requires a user’s unique login to access. Unauthorized access to or use of the App is prohibited. You are responsible for maintaining the confidentiality of your Account Password, and you are responsible for all activities that occur using your Account Password. You agree not to share your Account Password, let others access or use your Account Password or do anything else that might jeopardize the security of your Account Password. You agree to notify us immediately if your Account Password is lost, stolen, if you are aware of any unauthorized use of your Account Password on the App or if you know of any other breach of security in relation to the App.
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All the information that you provide when registering for an account and otherwise through the App must be accurate, complete, and up to date. If you create an account, you may change, correct, or remove any information from your account by either (a) logging into your account directly and making the desired changes (if such feature is provided by the App), or (ii) contacting Show Up Onstage using the contact information at the end of these Terms of Use requesting that we make the change.

Feedback

Except for any personal information we may collect from you in accordance with our Mobile App Privacy Policy, all remarks, suggestions, comments, questions, or ideas that you communicate to Show Up Onstage through the App, or by letter, email, telephone or otherwise (collectively, “Feedback”) suggesting or recommending changes to the App, any products or services described on the App or App Content, including, without limitation, new features or functionality relating thereto, is, and will be treated as, non-confidential and non-proprietary, and will become the property of Show Up Onstage, even if this agreement has terminated. Except as prohibited by applicable law, you hereby assign all right, title, and interest in, and Show Up Onstage is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. Where the foregoing assignment is prohibited by law, you hereby grant Show Up Onstage an exclusive, transferable, worldwide, royalty-free, fully paid up license (including the right to sublicense) to use and exploit all Feedback as we may determine in our sole discretion. Notwithstanding the foregoing, you understand and agree that Show Up Onstage is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.

Third-Party Links

The App may display, include, or provide links to third-party services or content. Third-party links on the App may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the relevant third party.

Wireless Service and Charges

The App transmits data via your wireless carrier or an accessible Wi-Fi network. You are solely responsible for any and all telecommunications, data, or other connectivity charges incurred through your use of the App. Show Up Onstage is not responsible or liable for any data charges associated with the use of the App. 

Geographic Restrictions

The App or App Content may only be used in the United States. Show Up Onstage makes no representation that the App or App Content is appropriate or available for use outside of the United States.

Termination

You agree that Show Up Onstage may, at our sole discretion, suspend or terminate your access to all or part of the App or App Content with or without notice and for any reason, including, without limitation, breach of these Terms of Use. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination of your account, your right to use the App will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.

We reserve the right to withdraw or amend the App or App Content, and any product, service or App Content we provide on the App, in our sole discretion without notice.  We will not be liable if for any reason all or any part of the App or App Content are unavailable at any time or for any period.  From time to time, we may restrict access to some parts of the App or App Content or to users.

All provisions of these Terms of Use, which by their nature should survive, shall survive termination of these Terms of Use.

Electronic Signatures

You agree to be bound by any affirmance, assent, or agreement you enter into using the App. YOU AGREE AND CONSENT TO USE ELECTRONIC SIGNATURES WHICH SHALL HAVE THE SAME FORCE AND EFFECT AS YOUR WRITTEN SIGNATURE. Electronic signatures may take various forms on the App, including clicking on an “I agree,” “I consent” or other similarly worded “button” or entry field on the App. 

DISCLAIMER OF WARRANTIES

THE APP, APP CONTENT, AND ANY PRODUCTS AND SERVICES AVAILABLE THROUGH THE APP ARE PROVIDED “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, SHOW UP ONSTAGE, ON OUR OWN BEHALF AND ON BEHALF OF OUR THIRD PARTY PARTNERS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APP, APP CONTENT, AND ANY PRODUCTS AND SERVICES AVAILABLE THROUGH THE APP, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, SHOW UP ONSTAGE AND OUR THIRD PARTY PARTNERS AND SERVICE PROVIDERS PROVIDE NO WARRANTY OR UNDERTAKING, AND MAKE NO REPRESENTATION OF ANY KIND THAT THE APP, APP CONTENT, AND ANY PRODUCTS AND SERVICES AVAILABLE THROUGH THE APP WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER SHOW UP ONSTAGE, NOR ANY OF OUR THIRD PARTY PARTNERS OR SERVICE PROVIDERS, WILL BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME, PROFIT OR GOODWILL, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES ARISING OUT OF YOUR ACCESS TO OR USE OF THE APP, APP CONTENT, AND ANY PRODUCTS AND SERVICES AVAILABLE THROUGH THE APP, HOWEVER CAUSED, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PROPRIETARY RIGHTS INFRINGEMENT, PRODUCT LIABILITY OR OTHERWISE.

THE FOREGOING SHALL APPLY EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU BECOME DISSATISFIED IN ANY WAY WITH THE APP, APP CONTENT, OR ANY PRODUCTS AND SERVICES AVAILABLE THROUGH THE APP, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP YOUR USE OF THE APP, APP CONTENT, AND ANY PRODUCTS AND SERVICES.

YOU HEREBY WAIVE ANY AND ALL CLAIMS ARISING OUT OF YOUR USE OF THE APP, APP CONTENT, AND ANY PRODUCTS AND SERVICES AVAILABLE THROUGH THE APP. BECAUSE SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, THESE PROVISIONS MAY NOT APPLY TO YOU. IF ANY PORTION OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN OUR AGGREGATE LIABILITY SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).

THE LIMITATION OF LIABILITY HEREIN IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN AND REFLECTS A FAIR ALLOCATION OF RISK. THE APP, APP CONTENT, AND ANY PRODUCTS AND SERVICES AVAILABLE THROUGH THE APP WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS AND YOU AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY, DISCLAIMERS AND EXCLUSIVE REMEDIES SPECIFIED HEREIN WILL SURVIVE EVEN IF FOUND TO HAVE FAILED IN THEIR ESSENTIAL PURPOSE. THE FOREGOING DOES NOT APPLY TO LIABILITY ARISING FROM ANY FRAUD OR FRAUDULENT MISREPRESENTATIONS, OR ANY OTHER LIABILITY THAT CANNOT BE LIMITED BY APPLICABLE LAW.

INDEMNIFICATION

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS SHOW UP ONSTAGE, AND ANY OF OUR THIRD PARTY PARTNERS, SERVICE PROVIDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, AND ASSIGNS FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, LIABILITIES, DEFICIENCIES, CLAIMS, ACTIONS, JUDGMENTS, SETTLEMENTS, INTEREST, AWARDS, PENALTIES, FINES, COSTS, OR EXPENSES OF WHATEVER KIND, INCLUDING REASONABLE ATTORNEYS’ FEES, ARISING FROM OR RELATING TO YOUR USE OR MISUSE OF THE APP, APP CONTENT, OR ANY PRODUCTS AND SERVICES AVAILABLE THROUGH THE APP, OR YOUR BREACH OF THESE TERMS OF SERVICE.

Governing Law

Notwithstanding anything to the contrary, these Terms of Use and your relationship with Show Up Onstage hereunder shall be governed in all respects by and construed in accordance with the laws of the State of Indiana, without regard to its conflicts of law principles. These Terms of Use, as they may be amended from time to time, completely and exclusively state the agreement between you and Show Up Onstage with respect to the App and App Content, and no other terms that may have been communicated to you orally or in any other manner shall have any force or effect. Any cause of action you may have with respect to the App or App Content must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Exclusive jurisdiction over any cause of action arising out of these Terms of Use or your use of the App shall be in the state or federal courts located in the State of Indiana. You agree to submit to the jurisdiction of such courts.

Miscellaneous

Entire Agreement. These Terms of Use, together with our Mobile App Privacy Policy, constitute the entire agreement between you and Show Up Onstage with respect to the App, App Content and products and services available through the App, and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the App, App Content, and products and services available through the App.

Severability. If any provision of these Terms of Use is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of these Terms of Use will continue in full force and effect.

Waiver. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between these Terms of Use and any applicable other terms, the terms of these Terms of Use shall govern.

CONTACT US

These Terms of Use constitute a binding legal agreement between you and Show Up Onstage. To contact us about these Terms of Use, the App or App Content, please contact us at support@showuponstage.com, (800) 723-3901, or
Show Up Onstage LLC
1011 Fox Hunters Pt
New Albany, IN 47150
(c) 2023 by Show Up Onstage LLC.  All Rights Reserved.
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