These Terms govern your access to and use of the Showcase Software and Services (as defined below) and is an agreement between Showcase Software Limited (“Showcase”) and you or the entity you represent (“You” or “you“). If you are accepting these Terms on behalf of an entity, such as the company you work for, you represent to Showcase that you have legal authority to bind that entity.
IMPORTANT NOTE: To the extent that Showcase and/or it’s services are used to reproduce, modify, publish or distribute materials, it is licensed to you only for reproduction, modification, publication and distribution of non-copyrighted materials, materials in which you own the copyright, or materials you are authorised or legally permitted to reproduce, modify, publish or distribute. If you are uncertain about your right to copy, modify, publish or distribute any material, you should contact your legal advisor.
1.1 The Showcase Services, including the Showcase Workshop apps, showcaseworkshop.com, all documentation, all interfaces and all content (“Services”), along with any data accompanying these Terms is the sole and exclusive property of Showcase, and are licensed, not sold, to you by Showcase for use only under these Terms. Showcase retains ownership of all rights in and to the Services and reserves all rights not expressly granted to you.
1.2 Showcase, at its discretion, may make available future upgrades or updates to the Services. Showcase may also at its discretion continue to provide you any such upgrades and updates for the Services for free. Upgrades and updates, if any, may not necessarily include all existing software features or new features that Showcase releases and may, at Showcase’s discretion, be provided with or without charge.
1.4 The Services are only available in English. You can upload, publish and distribute content using the Services in any language including Klingon, Wookie and Simlish.
1.5 Unless bespoke Terms have been agreed, documented and signed between you and Showcase, these Terms constitute the entire agreement between you and Showcase relating to the use of the Services. These Terms supersede all prior or contemporaneous representations, understandings, agreements, or communications between you and Showcase, whether written or verbal, regarding the use of the Services. No amendment to or modification of these Terms will be binding unless in writing and signed by Showcase.
2.1 The Services also have minimum browser and device requirements. A current list of minimum requirements can be found on our public Knowledge Base.
Browsers and devices below the minimum requirements may still be able to be used. Users may experience reduced functionality.
2.2 The use of and access to some parts of the Services require you to apply for a unique username and password combination from a third party service, commonly now as an Apple ID, Google account and/or Microsoft account.
2.3 A Showcase Workshop Account (“Account”) for the Services is also required, in addition to your Apple ID, Google account and/or Microsoft account. Your Account must be associated with at least one valid email address and each User (as defined in Section 3) of the Account is required to have their own login details.
2.4 Showcase will grant a single User access to your Account upon provision of a valid email address and this Account will be available at no charge for the first 14 days for the purpose of trialling the Services (‘Trial’). If you choose to add your billing details into the Services before the end of your 14 day Trial your Trial will cease and billing will occur from the date you confirmed your billing details.Your Account will remain available beyond the 14 day Trial for as long as a Subscription (as defined in Section 3) to the Services is maintained.
2.5 Trial policy. You can evaluate the Services under these Terms for 14 days, with no obligation to continue to use the Services. If you choose to continue using the Services, you will be billed from the day you first add your billing details into the Services, which may be after the Trial period has ended. If you choose not to continue using the Services, your Account and all data stored in your Account will become inactive at the end of your 14 day Trial.
2.6 You may store up to 1,000GB of data on showcaseworkshop.com as part of your Account. Showcase reserves the right to charge you thirty dollars ($30USD) per month, per 1,000GB or part thereof, on any data that exceeds the 1,000GB limit. Showcase will notify you if you exceed your 1,000GB limit and give you 7 working days to reduce your volume of stored data before charging you extra fees.
2.7 Showcase will provide you with at least the following support for as long as you maintain a Subscription to the Services:
(a) unlimited email support on a best time response basis at email@example.com and;
(b) online FAQ and information pages available on our support site
Helpdesk emails will be responded to in the order that they are received and Showcase endeavors to respond to all emails within 24 hours, during business hours. At busy times it may take up to 72 hours to receive a response from Showcase.
2.8 You are responsible for all activities that occur under your Account, regardless of whether the activities are undertaken by you, your colleagues or employees or a third party (including your contractors or agents) and, except to the extent caused by Showcase’s breach of these Terms, Showcase is not responsible for unauthorised access to your Account. You will contact Showcase immediately if you believe an unauthorised third party may be using your Account or if your Account information is lost or stolen.
2.9 Showcase reserves the right to change, discontinue, or deprecate any of the Services or change or remove features or functionality from time to time and without notice. Showcase will notify you of any material change to, or discontinuation of the Services. In the event of discontinuation of the Services, Showcase will not be liable to you in any way for the discontinuation of the Services. However, Showcase will use commercially reasonable efforts to continue supporting the Services for at least six months after the discontinuation, except if doing so;
(a) would pose a security or intellectual property issue; or
(b) is economically or technically burdensome; or
(c) is needed to comply with the law or requests of governmental entities.
2.10 Whenever possible Showcase will perform scheduled maintenance, upgrades and updates to the Services between 12:01pm - 11:59pm Sunday, New Zealand Standard Time (NZST/UTC +12) or New Zealand Daylight Time (NZDT/UTC +13). Emergency maintenance and updates will be performed as needed and may occur at any time.
3.1 A Showcase User (“User”) is defined as any person who has access to any of the Services by way of a login and password.
3.2 A User may access the Services by way of login and password on up to three devices at any one time.
3.3 Recipients of shared content sent to them from a User of the Services, and who is not required to login or use a password, is not counted as a User for billing purposes.
3.4 Showcase Subscription Fees (“Subscription” or “Subscriptions”) are charged on a per User, per month basis and you are required to maintain a Subscription for all Users of the Services whether they have access to all or only part of the Services related to your Account.
4.1 Subscription Fees. Current subscription fees are published on our website and you and Showcase may agree to customized subscription fees that meet your unique requirements for support, data storage and/or access to the Services. Showcase calculates and bills subscription fees monthly or annually, in advance. You will pay the applicable fees and charges for use of the Services as described in these Terms to Showcase’s nominated bank account. You may either;
(a) Nominate a credit card and have your subscription debited monthly or;
(b) Showcase will issue you with an invoice which you must pay within 20 days of the invoice date.
4.2 All amounts payable under these Terms will be made without set-off or counterclaim, and without any deduction or withholding. Showcase may increase or add new fees and charges for any existing Services by giving you at least 60 days’ advance notice. Showcase may charge you interest at the rate of 12% per annum (or the highest rate permitted by law, if less) on all late payments. Any interest charged will be calculated from the date of the invoice. You will be responsible for all legal and other costs that Showcase incur in recovering or attempting to recover the debt owed by you to Showcase. Any payments you make will be applied first in reduction of costs, secondly interest, and then the principal.
4.3 You agree to run only the number of Users that you are actively paying for and you agree not to share login and password information with others for the purpose of avoiding additional User fees. You agree that failure to comply with this will lead to immediate termination.
4.4 Should you choose to terminate your Account within a paid month or within a paid annual contract, no refund will be given.
4.5 All fees in these Terms are quoted in US Dollars.
4.6 GST (sales tax) will apply for nominated billing addresses in New Zealand.
4.7 If your subscription is terminated due to a violation of these Terms, no refund will be granted.
4.8 Showcase reserves the right to review and alter its fees at any time. Any alteration will not take effect until (60) days’ written notice has been provided to you.
5.1 Except as and only to the extent permitted in these Terms and by applicable law, you may not and you agree not to, or to enable others to, copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify, or create derivative works of the Services, or any part thereof.
5.2 You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that Showcase is not in any way responsible or liable for any such use by you.
5.3 Some areas of the Services allow Users to upload, publish and share files including, but not limited to images, documents, videos and fonts (“Content”). You or the respective owner of the Content, retain ownership of your Content. You agree not to upload or share any Content that
(a) may create a risk of physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal;
(b) seeks to harm or exploit children;
(c) may constitute or contribute to a crime;
(d) contains any information that we deem to be unlawful, harmful, abusive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, violent, or that which provokes violence, profane, or otherwise objectionable;
(e) contains any information which discriminates against others based on race, religion, sex, sexual orientation, age, disability, ancestry or national origin;
(f) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets);
(g) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships. Showcase reserves the right, but is not obligated, to reject and/or remove any Content that Showcase believes, in its sole discretion, violates these provisions.
6.1 You acknowledge and agree that, to the extent permitted by applicable law, use of the Services, and any services performed by or accessed through the Services is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you.
6.2. The Services are provided “as is” and “as available” with all faults and without warranty of any kind, and Showcase hereby disclaims all warranties and conditions with respect to the Services, either express, implied or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and non-infringement of third party rights.
6.3 If you are based in New Zealand: You acknowledge that you acquire the Services for business purposes and therefore the provisions of the Consumer Guarantees Act 1993 do not apply to these Terms.
6.4 Showcase does not warrant against interference with your enjoyment of the Services, that the functions contained in, or services performed or provided by, the Services will meet your requirement, that the operation of the Services will be uninterrupted or error-free, that any Services will continue to be made available, that the Services will be compatible or work with any third party software, application or third party services, or that defects in the Services will be corrected.
6.5 You further acknowledge that the Services are not intended or suitable for use in situations or environments where the failure or time delays of, or errors or inaccuracies in the content, data or information provided by, the Services could lead to death, personal injury, or severe physical or environmental damage.
6.6 You may not rent, lease, lend, redistribute or sublicense the Services.
7.1. Term. These Terms will remain in effect until your Account is terminated by you or Showcase in accordance with Section 8.
8.1 You may terminate your Account for any reason by giving 60 days notice by email to firstname.lastname@example.org. In order to do this you must have Administrator status.
8.2 Upon termination you will continue to have access to the Services for your 60 day notice period. After this time you shall cease all use of the Services.
8.3 You may request Showcase to cease promotion of your relationship with Showcase or any content created by you, upon termination.
8.4 Showcase may terminate your Account for any reason by providing you 30 days advance notice in writing. Your rights under these Terms will terminate immediately without notice from Showcase if you or any Users (including your contractor or agents) fail to comply with any of these Terms.
8.5 Your Account may also be terminated:
(a) If Showcase’s relationship with a third party partner who provides software or other technology to provide the Services expires, terminates or requires us to change the way we provide the Services; or
(b) Showcase believes providing the Services could create a substantial economic or technical burden or material security risk for Showcase; or
(c) In order to comply with the law or requests of governmental entities; or
(d) If Showcase determine use of the Services by you or Showcase’s provision of any of the Services to you has become impractical or unfeasible for any legal or regulatory reason.
8.6 Effect of Termination. Upon any termination your rights under these Terms immediately terminate. You also remain responsible for any Subscription fees you have incurred through the date of termination.
9.1 To the extent not prohibited by law, in no event shall Showcase be liable for personal injury, or any incidental, special, indirect or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption or any other commercial damages or losses, arising out of or related to your use of or inability to use the Services, however caused, regardless of the theory of liability (contract, tort or otherwise) and even if Showcase has been advised of the possibility of such damages.
10.1 These Terms will be governed by and construed in accordance with the laws of New Zealand and the parties submit to the non-exclusive jurisdiction of the Courts of New Zealand.
11.1 Confidentiality and Publicity. You will take all reasonable measures to avoid disclosure, dissemination or unauthorized use of Showcase’s information, including, at a minimum, those measures you take to protect your own confidential information of a similar nature. You will not issue any press release or make any other public communication with respect to these Terms.
11.2 Promotion. You agree that during the course of your Account and following termination Showcase, in consultation with you and only with your permission, may use the name of your company or business and / or examples of your designs for Showcase’s internal and external promotional purposes. Showcase will not use any confidential information about your company or business gained by your use of the Services.
11.3 Suggestions. If you provide Showcase, any representatives of Showcase or any forums or review sites with suggested improvements to the Services (“Suggestions”), Showcase will own all right, title, and interest in and to the Suggestions, even if you have designated the Suggestions as confidential. Showcase will be entitled to use the Suggestions without restriction. You hereby irrevocably assign to us all right, title, and interest in and to the Suggestions.
11.4 Force Majeure. Showcase will not be liable for any delay or failure to perform any obligation under these Terms where the delay or failure results from any cause beyond our reasonable control, including acts of God, labour disputes or other industrial disturbances, systemic electrical, telecommunications, or other utility failures, earthquake, storms or other elements of nature, blockages, embargoes, riots, acts or orders of government, acts of terrorism, or wars.
12.1 You are solely responsible for the development, content, operation, maintenance, and use of your Content within the Services. You are also responsible for any claims relating to your Content and properly handling and processing notices sent to you (or any of your affiliates) by any person claiming that your Content violates such person’s rights.
13.1 To the best of our knowledge, Showcase is free of defects, viruses and harmful or malicious code.