Welcome to Show 333! By using Show 333 (including by simply viewing content on Show 333.info (the “Site”)), you are agreeing that you, and each person you allow to access Show 333 through your account, will abide by the terms of the following User Agreement, which is summarized here, and set forth in its entirety below. This User Agreement is between you and Gizmodo Media Group, LLC (“Show 333,” “We” or the “Company”), and it governs your access to and use of the services, websites, and applications offered by Show 333 (the “Service”). Your access to and use of the Service is conditioned on your acceptance of and compliance with this agreement.

Summary

  • Using Show 333, User Conduct, and Your Content
  • Anything you post on Show 333 is public. So make sure you’re comfortable with the idea that anyone can view anything you post here.
  • You shouldn’t post any content or use our service to do anything illegal or malicious.
  • If it turns out any of your content or use is illegal or malicious, Show 333 is not responsible — you’re responsible.
  • Please do not hack, attack, or copy Show 333 or our services.
  • While we wouldn’t do it without good reason, ultimately Show 333 may remove your content or terminate or suspend your account at its sole discretion.
  • If disputes arise between you and anyone other than Show 333, we have no obligation to participate or assist either party.

Licensing Agreements

You own the content that you create on Show 333, however Show 333 may distribute or use that content in a variety of ways. Examples include:

  • Your post may be selected to be featured on another Show 333 site by a staff member or editor
  • Any Show 333 user can repost any content you create to their own Show 333 blog, however it will link to your blog
  • If you post a favorable review of a company or its product, the company may pay us to feature your post across Show 333

Advertising

You may see advertising in and around Show 333. In each of these cases, we aim to respect your copyright and privacy and ensure you have an uncluttered experience. Examples include:

  • We will insert ads in and around the Show 333 platform and content experience where it makes sense, however, we will not place any ads on your blog
  • We will insert affiliate links into your content where it makes sense, however, if you insert your own affiliate codes then we won’t remove them
  • Your content may be used in ads with full credit and link back to you

Privacy

We do our best to protect your personal information, and store it only as long as necessary. We do reserve the right to reveal your personal information if the law requires us to.

Copyright Policy

Show 333 respects the intellectual property rights of others and expects users and contributors to do the same. We will respond to notices of alleged copyright infringement where necessary.

Warranty, Disclaimer, Limitations of Liability, and Waivers

These are exceptions the lawyers make us include to ensure that we are not at risk for significant liabilities. Since we are offering the Service free of charge, we hope you’ll understand.

Whenever we make any updates to these Terms, we will update them here and do our best to communicate any material changes to our users.

User Agreement

The following agreement (“Terms”) describes the terms on which we offer you access to the Services, defined below. Capitalized terms used in these Terms shall have the meanings set forth below under “Definitions” or in the text of these Terms. Our offer to allow you to access the Service is conditioned on your agreement to all of the terms and conditions contained in these Terms, including your compliance with the policies and terms linked to (via URLs or hyperlinks) from this Agreement, such as our Privacy Policy and our Content Guidelines. If you do not agree to be bound by these Terms in their entirety, you must cease accessing or otherwise using the Services in any way. Your use of any of the services constitutes your agreement to these Terms.

We may amend these Terms at any time in our sole discretion, effective upon posting the amended Terms at this URL where the prior version of these Terms was posted or by communicating these changes through any written contact method we have established with you. Your use of the Services following the date on which such amended Terms are published will constitute consent to such amendments. However, if you cease using the Services upon such publication, your relationship with us will continue to be controlled by the previous version of these Terms. You agree that you will periodically check this page for updates to these Terms, and read the messages we send you to inform you of any changes.

DEFINITIONS

“Company” or “Show 333” or “We” shall mean each of Gizmodo Media Group, LLC, and/or any of their affiliates, individually and collectively, doing business as Show 333 or otherwise.

“Company Parties” shall mean the Company, its affiliates and subsidiaries, and any of their directors, employees, agents, attorneys, third-party content providers, distributors, licensees or licensors.

“Service” or “Services” shall mean any of the internet based or other services offered by the Company, including, but not limited to, those described in this Agreement, whether through a website owned or controlled by the Company, through a social networking system, a mobile application, on your cellphone or otherwise.

“User Contributed Content” or “Content” shall mean each and every item of content or other material (whether images, links, documents, text, writings, photographs, graphics, videos, or files) uploaded by a user through the Service or otherwise integrated into the Service by a user.

1. Using Show 333, User Conduct, and Your Content

Eligibility: You may use our Services only if you can form a binding contract with Show 333 in compliance with the Agreement. In order to become a “Registered User” (by creating an account), Show 333 requires an individual to be at least eighteen (18) years old and not have a previous account terminated by Show 333 or otherwise have had his or her access to the Services terminated by Show 333. It is a violation of the Agreement to provide false or misleading information to Show 333 in connection with the creation of an account. If you would like to report an account registered for a minor, please email help [at] gizmodomedia [dot] com.

User Responsibilities: You are solely responsible for your use of our Service, for any Content you submit to us, any interactions with other Show 333 users, and for any consequences thereof. Content you submit will be viewable by other users of the Service and through third party services and websites.

You should only provide Content that you are comfortable sharing with others under these Terms, and that does not violate any third-party’s rights of any kind, including without limitation, any intellectual property rights, rights of privacy, or publicity rights. Unless provided otherwise under a separate agreement with Show 333, you agree to abide by the Content Guidelines located here: Content Guidelines.

Show 333 reserves the right, but is not obligated, to reject and/or remove any Content in its sole discretion, including, but not limited to, violations of these Terms or Content Guidelines. Show 333 reserves the right, but has no obligation, to monitor disputes between you and other users. Show 333 shall have no liability for your interactions with other users, or for any user’s action or inaction.

User Conduct: In exchange for your being able to use the Services, you agree to be bound by the following obligations:

1. Registration.

Even if you choose to create an anonymous account, you are still agreeing to all of these Terms.
You may not:

use a false information or an account owned or controlled by another person with the intent to mislead other users maliciously by impersonating that person or for any other reason;use as a User ID a name subject to any rights of a person other than yourself without appropriate authorization or in violation of our Content Guidelines; orotherwise submit false or misleading information to the Company.

2. No Changes to the Software/Prohibited Uses.

You may not and may not allow any third party to:

  • modify, adapt, disassemble, decompile, translate, reverse engineer or otherwise attempt to discover the source code or structure, sequence and organization of the Services or any portion of any website on which the Services are offered (except where the foregoing is required by applicable local law, and then only to the extent so required under such laws);
  • use the Service in any manner that could damage, disable, overburden, or impair the Service or another user’s use of the Service;
  • remove, obscure or change any copyright, trademark, hyperlink or other proprietary rights notices (“Notices”) contained in or on the Service or any website on which the Service is offered, Company code embeddable or embedded on a third party web site, and/or Company software;
  • submit any content or material that falsely express or imply that such content or material is sponsored or endorsed by the Company; or
  • use the Services to violate the security of any computer network or transfer or store illegal material.

3. Usage Rules.

You agree that your use of and conduct on the Service (including any forum, message board, chat or other communication feature), and your User Contributed Content shall be lawful and will not:

  • violate the contractual, personal, intellectual property or other rights of any party, or promote or constitute illegal activity;
  • be in violation of these Terms, any local, state, federal or international law, rule or regulation or the rules of conduct posted with respect to any individual feature of the Services;
  • create user accounts by automated means or under false pretenses or mislead others as to the origins of your communications;
  • trick, defraud or mislead the Company or other users, especially in any attempt to learn sensitive account information such as passwords;
  • make improper use of the Company’s support services or submit false reports of abuse or misconduct;
  • engage in promoting any pyramid schemes or other multi-tiered marketing schemes or engage in promoting any websites or services that are deemed spam, malware, or contain objectionable material in the Company’s sole discretion;
  • create or transmit unwanted electronic communications such as “spam,” to other users or members of Service or otherwise interfere with other users’ or members’ enjoyment of the Service;
  • disseminate or transmit viruses, worms, Trojan horses, RATs, keyboard loggers, time bombs, spyware, adware, cancelbots, passive collection mechanisms (“PCMs”), or any other malicious or invasive code or program or upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies or other similar devices;
  • copy or adapt the Service’s software including but not limited to Flash, PHP, HTML, JavaScript or other code;
    reverse engineer, decompile, reverse assemble, modify or attempt to discover any software (source code or object code) that the Service create to generate web pages or any software or other products or processes accessible through the Service;
  • except as may be the result of standard search engine or Internet browser usage, use or launch, develop or distribute any automated system, including, without limitation, any spider, robot (or “bot”), cheat utility, scraper or offline reader that accesses the Service, or use or launch any unauthorized script or other software;
  • cover or obscure any notice, banner, advertisement or other branding on the Service;
  • disguise the source of your User Contributed Content or other information you submit to the Service;
  • interfere with or circumvent any security feature of the Service or any feature that restricts or enforces limitations on use of or access to the Service, Content or the User Content;

4. You agree that you shall be responsible for any consequences (including a responsibility to indemnify the Company for damages it may suffer) arising in the event that any use of and conduct on the Service (including any forum, message board, chat or other communication feature), and your User Contributed Content:

  • includes any offensive comments that are connected to race, national origin, gender, sexual preference or physical handicap;
  • includes profanity or any obscene, indecent, pornographic, sexual or otherwise objectionable content or language;
    defames, libels, ridicules, mocks, disparages, threatens, harass, intimidates or abuses anyone;
  • promotes violence or describes how to perform a violent act;
  • reveals any personal information about another individual, including another person’s address, phone number, e-mail address, credit card number or any information that may be used to track, contact or impersonate that individual;
  • attempts to impersonate any other party;
  • or uses tools which anonymize your internet protocol address (e.g. anonymous proxy) to access the Service;

5. The Company does not control or endorse the content, messages or information found in User Contributed Content or external sites that may be linked to or from a Company product or its forum and, therefore, the Company specifically disclaims any responsibility with regard thereto.

6. The Service may contain or deliver advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion is accurate and complies with applicable laws. We are not responsible for the illegality or any error, inaccuracy or problem in the advertiser’s or sponsor’s materials.

2. Licensing Agreements

User License: You retain your rights to any Content you submit to or through the Service. By posting any Content on the Service, however, you expressly grant, and you represent and warrant that you have all rights necessary to and do grant, to Show 333 a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such Content and your name, voice, and/or likeness as contained in your Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service and Show 333’s (and its successors, assignees, or affiliates) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats, whether now known or hereafter developed, and through any media channels or search engines for commercial and noncommercial purposes alike. You also hereby grant each user of the Service a non-exclusive license to access your Content through the Service, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Service and under these Terms.

Such additional uses by Show 333, or other companies, organizations or individuals who partner with or use Show 333, may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Service. We may add or insert affiliate and partner code into Content that you submit. We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or Third Party Services, and you are responsible for reading and understanding those Third Party Services’ privacy policies.

Site License: All right, title, and interest in and to the Service (excluding Content provided by users) shall remain the exclusive property of Show 333 and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms gives you a right to use the Show 333 name or any of the Show 333 trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding Show 333, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

Subject to your acceptance of these Terms, Show 333 grants you a non-exclusive, limited, non-transferable, freely revocable license to use the Service for your personal, noncommercial (i.e. you may not use the Service to provide or serve or permit others to provide or serve ads or contests or sweepstakes) use only and as permitted by the features of the Service. Show 333 reserves all rights not expressly granted herein in the Service and the Show 333 Content. Show 333 reserves the right to terminate your license to use the Service at any time and for any reason or in the future to charge for commercial usage.

3. Privacy

We care about the privacy of our users. You understand that by using the Service you consent to the collection, use, and disclosure of your personally identifiable information (see “ Information Sharing” below) and aggregate data as set forth in our Privacy Policy, and to have your personally identifiable information collected, used, transferred to and processed in the United States and abroad.

4. Information Sharing

Show 333 has technical, administrative and physical safeguards in place to help protect against unauthorized access to, use or disclosure of user information we maintain. Under our security practices and policies, access to personally identifiable information is authorized only for those who have a business need for such access, and sensitive records are to be retained only as long as necessary for business or legal needs and destroyed before disposal.

Although we work hard to protect personal information that we collect and store, no program is one hundred percent secure and we cannot guarantee that our safeguards will prevent every unauthorized attempt to access, use or disclose personal information. If you become aware of a security issue, please email us at legal [at] gizmodomedia [dot] com.

Our servers automatically record information (“Log Data”) created by your use of the Services. Log Data may include information such as your IP address, browser type, operating system, the referring web page, pages visited, location, your mobile carrier, device and application IDs, search terms, and cookie information. We receive Log Data when you interact with our Services, for example, when you visit our websites, sign into our Services, interact with our email notifications, use your Show 333 account to authenticate to a third-party website or application, or visit a third-party website that includes a Show 333 button or widget. Show 333 uses Log Data to provide our Services and to measure, customize, and improve them.

The Company reserves the right to reveal your identity (or whatever information we know about you) in the event of a complaint or legal action arising from any message or other content posted by you or where such information is otherwise relevant. The Company may log all internet protocol addresses accessing the Services and other information about users’ access, and maintain backup copies of content indefinitely.

5. Advertisements

As part of the Service, we may include advertisements and/or content provided by Show 333 and/or a third party, which may be targeted to the Content or information on the Service, queries made through the Service, or other information. The types and extent of advertising by Show 333 on the Service are subject to change. In consideration for Show 333 granting you access to and use of the Service, you agree that Show 333 and its third party providers and partners may place such advertising on the Service or in connection with the display of Content or information from the Service whether submitted by you or others.

Contests, Sweepstakes, and Promotions: From time to time you may be able to participate in contests, giveaways, or other similar promotions we sponsor. Participation may require sharing your personal information with us or third parties sponsoring the contest, giveaway, or promotion, and you should check the rules to determine how your information will be used and shared with others. The Company may announce rules in connection with any such opportunity, but regardless of whether specific rules are announced, all such opportunities will be controlled by the Company’s “Contest Guidelines” set forth here: Contest Guidelines. Any rules announced at the time of a contest will be in addition to the Contest Guidelines.

6. Third-Party Links Disclaimer

The Service may contain links to third-party websites, advertisers, services (such as payment processing), special offers, or other events or activities that are not owned or controlled by Show 333. Show 333 does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third party website from the Service, you do so at your own risk, and you understand that these Terms and Show 333’s Privacy Policy do not apply to your use of such sites. You expressly release Show 333 from any and all liability arising from your use of any third-party website, service, or Content. Your dealings with or participation in promotions of advertisers found on the Service, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that Show 333 shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.

7. Copyright Policy

If Show 333 receives notice that Content posted is unlawful or not in keeping with the Terms or the intended use of the Service, we reserve to right to remove the material. Please note that we will respond only to notices of alleged infringement that comply with the Digital Millennium Copyright Act (“DMCA”). The text of the Act can be found at the U.S. Copyright Office Web Site.

To file a notice of infringement with us, you must provide a written communication (by email with an attached and signed PDF or by fax) that sets forth the items specified below. Please do not send us regular mail, as we may not receive it in a timely fashion.

For each allegedly infringing image, video, music, or piece of text that you wish to have removed from one of our sites, provide the exact permanent URL for the page containing the material.

Provide information reasonably sufficient to permit us to contact you: an email address is preferred, as well as a telephone contact number.

For images, provide the following information detailing your claim to ownership of the copyright in the allegedly infringing image, video, music, or piece of text: Proof of copyright in the image, video, music, or piece of text concerned, namely proof of registration; OR, absent such registration, a detailed description and evidence to support your claim that you own the copyright in the image, video, music, or piece of text. We will not comply with requests to remove an image, video, music, or piece of text where the complainant cannot prove that they own the copyright in the Content in question.

Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”

Please note that you will be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that any material on our sites is infringing your copyrights. We also reserve the right to publish your letter on the Show 333 site(s).

8. Termination of Agreement

You may discontinue your use of the Service at any time without informing us. We may, however, retain and continue to use any Content that you have submitted or uploaded through the Service.

Show 333 may, without prior notice, change the Service, stop providing the Service or features of the Service to you or to users generally, or create usage limits for the Service.We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if, in our sole determination, you violate any provision of these Terms. In particular, Show 333 may immediately terminate or suspend accounts that have been flagged for repeat copyright infringement, in accordance with the DMCA and other applicable laws.

Upon termination of your access to or ability to use a Service, including but not limited to suspension of your account, your right to use or access that Service and any Content will immediately cease. All provisions of this Agreement that by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability. Termination of your access to and use of the Services shall not relieve you of any obligations arising or accruing prior to such termination or limit any liability which you otherwise may have to Show 333 or any third party

On termination of your Account or upon your deletion of particular pieces of your Content from the Services, you acknowledge and agree that: (a) caching of, copies of, or references to the Content may not be immediately removed; (b) such removed Content may persist in backups (not available to others) for a reasonable period of time; and (c) such removed Content may be available (and stored on our servers) through the accounts of other users, because of liking. You agree to release and indemnify Show 333 from all claims related to the retention of deleted content.