Please read these Terms of Service ("Terms") carefully before agreeing to use the www.showme.com website ("Website") and the service accessible through the Website or the ShowMe iOS App (collectively, the "ShowMe Service") operated by Learnbat, Inc. ("Learnbat", "us", "we", or "our").
The following Terms of Service are a legal contract between you (“you”) and Learnbat regarding your use of the Website. Your access to and use of the ShowMe Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the ShowMe Service. Visitors and users of the Website are referred to individually as “user” and collectively as “users”.
BY ACCESSING OR USING THE SHOWME SERVICE YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DISAGREE WITH ANY PART OF THESE TERMS THEN YOU DO NOT HAVE PERMISSION TO ACCESS THE SHOWME SERVICE.
THE WEBSITE IS NOT AVAILABLE TO (A) ANY USERS PREVIOUSLY SUSPENDED OR REMOVED FROM THE WEBSITE BY LEARNBAT OR (B) ANY PERSONS UNDER THE AGE OF 13 WHOSE REGISTRATION HAS NOT BEEN APPROVED BY A LEGAL PARENT OR GUARDIAN. By clicking the “I Agree” button or by otherwise using or registering an account for the Website, you represent (a) that you have not been previously suspended or removed from the Website by Learnbat; (b) that you are either (i) at least 13 years of age or (ii) your parent and/or guardian has consented to your use of the Website; and (c) that your registration and your use of the Website is in compliance with any and all applicable laws and regulations.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer or device and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer or device so that others are not able to view or record your password or other personal information.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
We reserve the right to refuse service, terminate accounts, remove or edit content in our sole discretion.
By using the Website, You acknowledge that Learnbat may choose, but is not obligated, to make any inquiries, either directly or through third parties, that Learnbat deems necessary to validate your registration information, including without limitation engaging third parties to provide verification services. Learnbat reserves all rights to take legal actions against anyone who misrepresents personal information or is otherwise untruthful about their identity. NOTWITHSTANDING THE FOREGOING, YOU ACKNOWLEDGE THAT LEARNBAT CANNOT GUARANTEE THE ACCURACY OF ANY INFORMATION SUBMITTED BY ANY USER AND LEARNBAT IS NOT OBLIGATED TO VERIFY THE IDENTITY OF ANY USER, INCLUDING ANY USER’S CLAIM TO BE A PARENT, OR TO VERIFY THAT A PARENT IDENTIFIED BY A CHILD USER DURING REGISTRATION IS SUCH CHILD USER’S ACTUAL PARENT OR GUARDIAN.
ShowMe is free for users wanting to browse, view and download free tutorials, and is free for users posting tutorials through our Basic level account. Users wanting additional features may upgrade to our Premium account for $9.99 per month for month-to-month access, or $89.99 for 12 months of access, paid in advance. Academic institutions may also sign up for our School Premium account for negotiable price. A summary of features for each account level is available on our Pricing Page www.showme.com/pricing and is subject to change at any time, though if you have already submitted payment for a monthly package, you will have access for the month purchased at the rate then charged. If you have purchased an annual plan, we will honor the price until the end of that annual term. Your access to the ShowMe Service will thereafter be charged at the new rate. Payment for the ShowMe Service shall be made using a major credit card. If you fail to make a payment, or credit card payment is declined, returned, or refused by your credit card company, then you will lose access to certain functionality of the ShowMe Service or sections of the Website.
Users may sign up to sell tutorials, rather than to offer them for free (“Premium Tutorials”). Premium Tutorials may consist of a lesson (single tutorial) or a course (a collection of lessons).
Buyers of paid tutorials pay no membership fee to access the paid tutorials, but only pay for the actual tutorial content they wish to receive. The price for a single Paid Tutorial lesson is $1.99, and the price of a Premium Tutorial course is $9.99. The price does not include any applicable sales tax that may be charged at the time of purchase. These prices are subject to change at any time by Learnbat in its sole discretion.
In consideration for the services provided through the ShowMe Service, you, as a seller of Premium Tutorials agree to pay Learnbat a service fee (the “Service Fee”) for all Premium Tutorials you sell through the ShowMe Service as follows: (i) for Paid Tutorials lessons, you will pay Learnbat $0.99 of the $1.99 purchase price; and (ii) for Paid Tutorial courses, you will pay Learnbat $4.99 of the $9.99 purchase price. The Service Fee is subject to change by Learnbat at any time in its sole discretion.
For each transaction, Learnbat will automatically deduct the ShowMe Service Fee from the sale price collected from buyers through the ShowMe Service, and then will distribute the remaining amounts to the applicable seller’s account. If you are in breach of these Terms, Learnbat reserves the right, according to its sole discretion, to withhold any funds that would otherwise be due to you under these Terms, and either keep those funds permanently, or refund them to the buyers who purchased Premium Tutorial from you. Funds will be held in your account until you request to transfer any or all of the money accumlated in your account to an external account (e.g. PayPal or an online checking account). Learnbat will charge a fee for making each Monthly Payout that is equal to but not more than the cost to Learnbat from its respective payment processors for making such balance transfers. This fee is subject to change at the discretion of the payment processors, and will be taken directly out of your monthly payout.
You shall not, and shall not permit any other person to, access or use the ShowMe Service or materials made available through the ShowMe Service (the “Materials”) except as expressly permitted by these Terms. For purposes of clarity and without limiting the generality of the foregoing, except as expressly permitted by this Agreement, you shall not
You may not upload, post, transmit or otherwise make available (collectively, “submit”) any video, tutorial or any other content to, on, or through the ShowMe Service that
The Website may contain user reviews, message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Website.
You represent and warrant that:
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness.
We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other User of the Website.
Learnbat prohibits certain user conduct and content described above and, without obligation, will use reasonable efforts to eliminate such conduct and content from the ShowMe Service. Nevertheless, you acknowledge and agree that (i) Learnbat is not and cannot be responsible for any content, information, or materials posted by users on the ShowMe Service, (ii) you may be exposed to any such materials, information, or content, and (iii) you must bear all risks associated with the exposure to and/or use of any such materials, information, or content, including without limitation any reliance on the accuracy, completeness, or usefulness of such materials, information, or content. Without limitation of the foregoing, Learnbat has the right to, but may or may not, pre-screen and/or monitor content posted on the ShowMe Service, and without limiting any remedies, may remove, edit, move, or close, in whole or in part, any content, information or materials, or thread or posting in any chat room and/or similar feature on the ShowMe Service, at any time for any reason, in Learnbat’s sole discretion.
We respect the intellectual property rights of others, and we ask that our users do the same. It is our policy to disable access to or remove material that we believe in good faith to be infringing on a copyrighted work. We also disable and/or terminate the accounts of users who we believe in good faith are repeatedly infringing copyrighted works. Our Copyright Policy has been developed in accordance with the Digital Millennium Copyright Act (DMCA), and other applicable laws, and is available at https://www.showme.com/dmca By accepting these Terms of Service, you agree to be bound by our Copyright Policy, which is by this reference expressly incorporated into this Agreement.
The ShowMe Service and the Website, and their collective entire contents, structure, infrastructure, architecture, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the us, our licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the Materials made available on or through the ShowMe Service, except (i) your computer or device may temporarily store copies of such Materials in RAM incidental to your accessing and viewing those Materials, and (ii) you may store files that are automatically cached by your Web browser for display enhancement purposes.
You must not (i) modify copies of any Materials from the ShowMe Service or (ii) delete or alter any copyright, trademark or other proprietary rights notices from copies of Materials from the ShowMe Service.
No right, title or interest in or to the Website or Service or any content on the Website is transferred to you, and all rights not expressly granted are reserved by us. Any use of the Website or Service not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws.
The foregoing notwithstanding, to the extent you use images or templates provided by us, we hereby grant to you a revocable, non-exclusive, royalty-free, worldwide license to use, reproduce, publish, distribute, perform and display the images solely in connection with your use of the ShowMe Service.
Our company name, the term ShowMe, our logo and all related names, logos, product and service names, designs and slogans are trademarks of Learnbat or our affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs and slogans on the ShowMe Service website are the trademarks of their respective owners.
LICENSE TO LEARNBAT: As between you and Learnbat, you own the ShowMe tutorials ("tutorials") that you submit to the ShowMe Service. By submitting a tutorial, you grant Learnbat and its affiliates a limited, worldwide, non-exclusive, royalty-free license and right to copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from your tutorial for the purpose of (i) displaying the tutorial within the ShowMe Service; (ii) displaying the tutorial on third party websites and applications through a video embed or ShowMe’s API; (iii) allowing other users to play and download the tutorial; (iii) promoting the ShowMe Service; and (iv) archiving or preserving the tutorials for disputes, legal proceedings, or investigations.
LICENSE TO OTHER USERS: You further grant all users of the ShowMe Service permission to view your tutorials for their personal, non-commercial purposes. This includes the right to copy and make derivative works from the tutorials solely to the extent necessary to view the tutorials. The foregoing licenses are in addition to any license you may decide to grant (e.g., a Creative Commons license).
DURATION OF LICENSES: The above licenses will continue unless and until you remove your tutorials from the ShowMe Service, in which case the licenses will terminate within a commercially reasonable period of time. Notwithstanding the foregoing, the license for legal archival/preservation purposes will continue indefinitely. Please note that removed tutorials may be cached in search engine indices after removal and that Learnbat has no control over such caching.
By listing an item for sale, or uploading it to the ShowMe Service, you represent and warrant to prospective buyers that you have the right and ability to sell such item, and that the listing is accurate, current, and complete and is not misleading or otherwise deceptive. You further represent and warrant that the Premium Tutorial, and use of the same will not infringe any right – including, but not limited to the copyright or trademark right – of any third party. You agree that the entire product being sold must be contained within the ShowMe lesson or course offered, and that no part of such digital Premium Tutorial will be delivered separately or require an additional purchase, for example via a third-party website or other channel.
When you (as a buyer) purchase a Premium Tutorial you will have the ability to download the lesson or course from your My Purchases page for as long as the Materials are available through the ShowMe Service. We may, in our sole discretion, make original digital Premium Tutorial you purchase available indefinitely, but your access to such Materials through your My Purchases page may be disabled if the Material is removed from the ShowMe Service, for example, by the original seller as a result of the original seller’s account being closed or the Materials being removed in response to an intellectual property complaint or Digital Millennium Copyright Act notification. For this reason, we encourage you to download any original digital Premium Tutorial you may purchase, and to backup those Materials accordingly. Learnbat cannot restore access to, or provide copies of, purchased Materials that have been removed from the ShowMe Service.
You agree not to share your purchases with other people unless they have also purchased the content. You agree not to post your purchased or downloaded Premium Tutorial on the Internet.
You agree to pay in full for all Premium Tutorial purchased through the ShowMe Service, and agree that Learnbat may charge your credit card, PayPal or other account for any Premium Tutorial purchased, including any applicable shipping charges, and for any additional amounts (including any taxes and late fees, as applicable) as may be accrued to or in connection with your member account.
YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL SALES PRICES AND FEES, AND FOR PROVIDING LEARNBAT WITH VALID CREDIT CARD INFORMATION OR PAYPAL ACCOUNT DETAILS FOR PAYMENTS OF ALL SUCH FEES AND CHARGES.
You agree that electronic delivery of the Premium Tutorial to you, whether by streaming or your downloading to you device, does not transfer to you any commercial or promotion use rights in the Premium Tutorial. You agree that your use of the ShowMe Service (including your purchase of Premium Tutorial) constitutes your acceptance of and agreement to use the ShowMe Service and such Premium Tutorial solely in accordance with this Agreement, and that any other use of the ShowMe Service or Premium Tutorial may violate copyright and other laws of the United States, other countries, as well as applicable state laws, and you may be subject to liability for such unauthorized use.
Your use of the ShowMe Service includes the ability to enter into agreements and/or to make purchases electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND PURCHASES. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.
All digital product sales are final, and no refunds are available.
Learnbat may in its sole discretion make certain exceptions to this policy on a case-by-case basis, for example if: (a) a digital file is defective; or (b) a product description is materially deceptive or misleading. If such an exception is made, Learnbat may issue to the buyer a refund for such purchase in any manner it deems appropriate, including without limitation in the form of store credit.
As a buyer, it is your responsibility to determine that you have the appropriate hardware/software to make use of digital files, that the file format is appropriate for your needs, and that the content you are purchasing is legal and noninfringing. No refunds are available in these cases. Tutorials removed from the ShowMe Service due to a complaint of copyright/trademark infringement, or for any other reason, are not eligible for a refund.
If Learnbat elects to issue a refund to a buyer, the amount refunded will be deducted from the seller’s next monthly payout, provided however that if the seller’s next monthly payout is less than the refund amount(s), Learnbat may charge such refund amount(s) to the seller’s credit card, PayPal account, or other payment processor account.
We may terminate or suspend your account and bar access to the ShowMe Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of these Terms.
If you wish to terminate your account, you may simply discontinue using the ShowMe Service.
All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Our Service may contain links to third party web sites or services that are not owned or controlled by Learnbat.
We have no control over, and assume no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that Learnbat shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part.
This Website may provide certain social media features that enable you to:
You may use these features solely as they are provided by us, solely with respect to the content they are displayed with. Subject to the foregoing, you must not:
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.
No agency, partnership, joint venture, or employment is created as a result of this Agreement, and you do not have any authority of any kind to bind us in any respect whatsoever.
You agree to defend, indemnify and hold harmless Learnbat and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of (a) your use and access of the ShowMe Service, by you or any person using your account and password, (b) the offering, sale or performance of any goods or services offered by you through the use of the ShowMe Service, and (c) a breach of these Terms.
IN NO EVENT SHALL LEARNBAT, OR ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SHOWME SERVICE; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SHOWME SERVICE; (C) ANY CONTENT OBTAINED FROM THE SHOWME SERVICE; AND (D) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
YOUR USE OF THE SHOWME SERVICE IS AT YOUR SOLE RISK. THE SHOWME SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE SHOWME SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR COURSE OF PERFORMANCE.
LEARNBAT, ITS SUBSIDIARIES, AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT (A) THE SHOWME SERVICE WILL FUNCTION UNINTERRUPTED, SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY ERRORS OR DEFECTS WILL BE CORRECTED; (C) THE SHOWME SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (D) THE RESULTS OF USING THE SHOWME SERVICE WILL MEET YOUR REQUIREMENTS; OR (E) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SHOWME SERVICE WILL MEET YOUR EXPECTATIONS.
OBTAINING ANY MATERIALS THROUGH THE USE OF THE SHOWME SERVICE IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. WE SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
These Terms shall be governed and construed in accordance with the laws of the State of Ohio, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the ShowMe Service.
We reserve the right, at our sole discretion, to modify these terms at any time by posting a notice on the Website, or by sending you a notice via email. You shall be responsible for reviewing and becoming familiar with any such modifications. Your use of the Services or the Website following such notification constitutes your acceptance of the terms and conditions of this Agreement as modified. If you do not agree to the new terms, you are no longer authorized to use the ShowMe Service.
You agree that we may send messages to you relating to your privilege to access and use the Website or Service, or any other matter related to the Website, the ShowMe Service or this Agreement. Nothing in this provision shall require or obligate us to send any notice if no notice is required or mandated elsewhere in this Agreement.
If you have any questions about these Terms, please contact us.