myShowManager™ Registration
MyShowManager™ Terms and Conditions Agreement Upon Use of MyShowManager™ Web Based Software and Data Base. By clicking "Yes" to the "I AGREE" option in the Terms of Use dialog box, the user agrees that the following terms and conditions and those of the General Terms of Service and Privacy Policy, as published and available on this site through the foregoing links, form an agreement between the user and Creative Effects Co, Inc. 1. Certain Definitions. For purposes of this Agreement, the following definitions shall apply: "Agreement" shall mean this Agreement as agreed to and accepted by the Client’s actions in clicking on the "I agree" option in the Terms of Use dialog box of the MyShowManager™ Software. "Event/Show" means the information which is submitted by the Client through use of the MyShowManager™ Software establishing an Event or Art Show. "Client" shall mean the individual user identified in the introductory paragraph of this Agreement as the person taking action to accept the terms of this Agreement. "Database" shall mean the database of Events, Shows, Artists and Vendors maintained on the website. "Website" shall mean the site on the World Wide Web through which Client last clicked to reach this Agreement and which is maintained under the MyShowManager™ trademark for the creation and maintenance of Events or Shows. "MyShowManager™ Software" means the web based software which is used in conjunction with the website. “Creative Effects” means Creative Effects Co., Inc. a New Mexico based corporation – the inventor and creator of the MyShowManager™ software. 1. Submission of Event/Show information. The Client’s submission of information regarding Events or Shows through the MyShowManager™ Software shall, as between Client and Creative Effects, be under and subject to the terms and conditions of this Agreement. The terms and conditions of Client’s submission of information pertinent to Events or Art Shows reached between Client and the Artists/Vendors that apply to and Event or Show shall not alter or in any way change the terms of this Agreement. 2. Creative Effects Limited Obligations. Creative Effects obligation to the Client is to transmit and store Event/Show, Artist and Artist Application information as described in the MyShowManager™ Software. Creative Effects Co., Inc. does not verify the completeness or quality of information entered by the Client. 3. Grant of Limited Rights; No Copyright Transfer. Client hereby grants to Creative Effects a nonexclusive license to use the information entered for the following limited purposes: (a) to permit Creative Effects to facilitate the transmission of or to actually transmit the Event/Show and Artist Application information, together with submitted descriptions, to the Client’s Art Shows, subject to retrieval by the Client. 4. Client Limited Rights. By using the MyShowManager™ Software and the website, Client acquires no rights in the MyShowManager™ Software, the website and, except for Event/Show and Artist information submitted as part of their Event or Show, the content of the Database. 5. Duty of Care. Creative Effects will use reasonable efforts to control the security of the website, but does not warrant that the website will be able to protect Client information from infringement or piracy. Client acknowledges that technological advances of those trying to break codes and encryption devices may outpace the technology of encryption and security and that there is no such thing as an absolutely secure website. The Client further acknowledges that the publication of digitized data on the Internet necessarily makes it possible for information to be copied in some form and for dishonest people to attempt to profit from that copying. Client agrees that Creative Effects shall have no liability for any negligence or lack of due care in failing to protect the security of the website and Client rights in the information, but, subject to the other limitations of Section 6 of this Agreement, Creative Effects shall be liable for any gross negligence and intentional wrongdoing on its part with respect to the security of the website and the protection of the Client’s rights in the information. Creative Effects agrees to encrypt any sensitive data, such as credit card information, that is stored in the database. 6. Limitation of Liability. EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT, THE WEBSITE AND MyShowMANAGER™ SOFTWARE IS PROVIDED AS-IS AND WITHOUT ANY WARRANTIES. CREATIVE EFFECTS HEREBY DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE WITH RESEPCT TO THE WEBSITE AND THE MyShowMANAGER™ SOFTWARE. IN NO EVENT WILL CREATIVE EFFECTS BE LIABLE TO THE ACCOUNT MANAGER FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL, OR OTHER INDIRECT DAMAGES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR OFFENDED MORAL RIGHTS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CREATIVE EFFECTS, SHALL HAVE NO OBLIGATION TO PROTECT ACCOUNT MANAGERS MORAL RIGHTS, IF ANY, IN THE INFORMATION. CLIENTS SOLE REMEDY FOR ANY BREACH OF THIS AGREEMENT BY CREATIVE EFFECTS, FOR ANY UNAUTHORIZED PUBLICATION OF INFORMATION THROUGH THE WEBSITE AND FOR ANY OTHER CLAIMED HARM FROM USING THE MyShowMANAGER™ SOFTWARE OR WEBSITE, WHETHER CAUSED OR ALLEGED TO BE CAUSED BY CREATIVE EFFECTS, SHALL BE CLIENTS ACTUAL DAMAGES, IF ANY, SUBJECT TO A LIMITATION OF $500 PER CLAIM OR $2,500 IN THE AGGREGATE FOR ALL CLAIMS UNDER THIS AGREEMENT. 7. Indemnification. The Client agrees to indemnify, defend and protect Creative Effects, for any cost and expense, including attorney fees, incurred by as a result of any breach of the Client’s Representations. 8. Agreement Modifications. Modifications to and amendments of this Agreement shall only be made: (a) in a writing signed by both Client and Creative Effects, or (b) by Creative Effects posting on the website a modified or amended form of this Agreement which is accepted by Client. Client acceptance of any modified or amended form of this Agreement posted on the website by Creative Effects shall be by Clients action: (i) in clicking on an "I AGREE" option when offered on the website in relation to such modified or amended form of this Agreement, or (ii) in continuing to use the website and Creative Effects MyShowManager™ Software after such an amended or modified form of the Agreement has been posted on the website by Creative Effects. 9. Governing Law; Dispute Resolution. This Agreement shall be governed by the laws of the state of New Mexico, excluding its conflict of law principles. Except as provided in the following sentence of this Section, any claim, dispute or controversy arising out of or relating to this Agreement shall be submitted by the parties to binding arbitration in accordance with the commercial rules of the American Arbitration Association, to be held in Albuquerque, New Mexico, by a single arbitrator who shall be a lawyer with at least five years of experience in intellectual property law or online e-commerce law. Nothing in this Section shall be deemed as preventing either party from seeking equitable relief from the courts as necessary to protect its name, copyrights, proprietary information, trade secrets, or any other appropriate provisional remedy prior to or pending the outcome of any arbitration proceeding. Judgment on an arbitration award may be entered in any court having jurisdiction thereof. The parties shall be entitled to standard discovery as provided for in the New Mexico Rules of Civil Procedure. The cost of arbitration shall be borne equally by the parties. 10. Liberal Construction. This Agreement is between commercially sophisticated parties and may not be construed and interpreted for or against either party. Each party is aware that each is free to seek independent professional guidance or legal counsel regarding this Agreement. Each party has either sought such guidance or legal counsel or decided, after reviewing the Agreement carefully, to waive such right. 11. Payment for Services Rendered. The Client agrees to pay for services rendered by the myShowMgr software at the rate determined by their useage tier and booth count no later than 2 MONTHS before the start of each of their Show(s)/Event(s). If a credit card is on file with Creative Effects, that card will be charged the agreed upon amount. Should the credit card expire or be invalid, Client agrees that their rights to use the myShowMgr software will be suspended until such time as the balance due is paid, either by a new credit card or by company check.