Terms of Use

1. Your Acceptance

A. By using and/or visiting this website (collectively, including all content and functionality available through the showmygame.com domain name, the "Show My Game Website", or "Website"), you signify your agreement to (1) these terms and conditions (the "Terms of Service"), (2) Show My Game's privacy notice, found at http://www.showmygame.com/privacy.php . If you do not agree to any of these terms, the Show My Game privacy notice, please do not use the Show My Game Website.

B. Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version. Show My Game may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

2. Show My Game Website

A. These Terms of Service apply to all users of the Show My Game Website, including users who are also contributors of video content, information, and other materials or services on the Website. The Show My Game Website includes all aspects of Show My Game, including but not limited to all products, software and services offered via the website such as the Show My Game channels, the Show My Game’s applications.

B. The Show My Game Website may contain links to third party websites that are not owned or controlled by Show My Game. Show My Game has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Show My Game will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve Show My Game from any and all liability arising from your use of any third-party website.

C. Accordingly, we encourage you to be aware when you leave the Show My Game Website and to read the terms and conditions and privacy policy of each other website that you visit.

3. Show My Game Accounts

A. In order to access some features of the Website, you will have to create a Show My Game account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Show My Game immediately of any breach of security or unauthorized use of your account.

B. Although Show My Game will not be liable for your losses caused by any unauthorized use of your account; you may be liable for the losses of Show My Game or others due to such unauthorized use.

4. General Use of the Website -- Permissions and Restrictions

Show My Game hereby grants you permission to access and use the Website as set forth in these Terms of Service, provided that:

A. You agree not to distribute in any medium any part of the Website, including but not limited to User Submissions (defined below), without Show My Game’s prior written authorization.

B. You agree not to alter or modify any part of the Website.

C. You agree not to access User Submissions (defined below) or Show My Game’s content through any technology or means other than the video playback pages of the Website itself or other explicitly authorized means Show My Game may designate.

D. You agree not to use the Website for any commercial use, without the prior written authorization of Show My Game. Prohibited commercial uses include any of the following actions taken without Show My Game’s express approval:

sale of access to the Website or its related services on another website;

use of the Website or its related services, for the primary purpose of gaining advertising or subscription revenue;

the sale of advertising, on the Show My Game Website or any third-party website, targeted to the content of specific User Submissions or Show My Game content;

and any use of the Website or its related services that Show My Game finds, in its sole discretion, to use Show My Game’s resources or User Submissions with the effect of competing with or displacing the market for Show My Game content, or its User Submissions.

E. Prohibited commercial uses do not include:

uploading an original video to Show My Game, or maintaining an original channel on Show My Game, to promote your business, talent, or skill;

G. In your use of the website, you will otherwise comply with the terms and conditions of these Terms of Service, Show My Game Community Guidelines, and all applicable local, national, and international laws and regulations.

H. Show My Game reserves the right to discontinue any aspect of the Show My Game Website at any time.

5. Your Use of Content on the Site

In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the Show My Game Website.

Users retain any rights they have in photos, videos, audio files, text and other materials they submit to the Site or transmit to other users through the Site ("User Submissions"). Show My Game retains full ownership or license rights to all other software, content and materials contained within the Site, including without limitation, graphics, text, scripts, photos, sounds, videos, and music ("Content") and to all patents, copyrights, trademarks, service marks and other proprietary rights in and to the Site and the Content. Content and User Submissions are provided for your personal, non-commercial use only as permitted by the Site and may not be accessed, used, modified, performed, displayed, reproduced, copied, published, transmitted, distributed, sold, transferred, licensed or exploited for any other purpose without the prior written consent of the respective owners. If you download, transmit, print or copy Content or User Submissions, you must retain all copyright and proprietary notices contained therein. You agree not to circumvent, disable or interfere with the security and use restriction features of the Site.

6. Your User Submissions and Conduct

A. As a Show My Game account holder you may submit video content ("User Videos") and textual content ("User Comments"). User Videos and User Comments are collectively referred to as "User Submissions." You understand that whether or not such User Submissions are published, Show My Game does not guarantee any confidentiality with respect to any User Submissions.

B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize Show My Game to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service.

C. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to Show My Game, you hereby grant Show My Game a worldwide, non-exclusive, royalty-free, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Show My Game Website and Show My Game’s (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Show My Game Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Show My Game Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service. The above licenses granted by you in User Videos terminate within a commercially reasonable time after you remove or delete your User Videos from the Show My Game Service. You understand and agree, however, that Show My Game may retain, but not display, distribute, or perform, server copies of User Submissions that have been removed or deleted. The above licenses granted by you in User Comments are perpetual and irrevocable.

D. In connection with User Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Show My Game all of the license rights granted herein.

E. Show My Game does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Show My Game expressly disclaims any and all liability in connection with User Submissions. Show My Gamed does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Show My Game will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. Show My Game reserves the right to remove Content and User Submissions without prior notice.

7. Account Termination Policy

A. Show My Game will terminate a User's access to its Website if, under appropriate circumstances, they are determined to be a repeat infringer.

B. Show My Game reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. Show My Game may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.

8. Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE SHOW MY GAME WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, SHOW MY GAME, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. SHOW MY GAME MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SHOW MY GAME WEBSITE. SHOW MY GAME DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SHOW MY GAME WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND SHOW MY GAME WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

9. Limitation of Liability

IN NO EVENT SHALL SHOW MY GAME, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SHOW MY GAME WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT SHOW MY GAME SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

The Website is controlled and offered by Show My Game from its facilities in the United States of America. Show My Game makes no representations that the Show My Game Website is appropriate or available for use in other locations. Those who access or use the Show My Game Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

10. Indemnity

You agree to defend, indemnify and hold harmless Show My Game, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Show My Game Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Show My Game Website.

11. Ability to Accept Terms of Service

You affirm that you are either more than 14 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 14, as the Show My Game Website is not intended for children under 14. If you are under 14 years of age, then please use parental supervision to use the Show My Game Website.

12. Assignment

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Show My Game without restriction.

13. General

You agree that: (i) the Show My Game Website shall be deemed solely based in Mississippi; and (ii) the Show My Game Website shall be deemed a passive website that does not give rise to personal jurisdiction over Show My Game, either specific or general, in jurisdictions other than Mississippi. These Terms of Service shall be governed by the internal substantive laws of the State of Mississippi, without respect to its conflict of laws principles. Any claim or dispute between you and Show My Game that arises in whole or in part from the Show My Game Website shall be decided exclusively by a court of competent jurisdiction located in Hinds County, Mississippi. These Terms of Service, together with the Privacy Notice at http://www.showmygame/privacy.php and any other legal notices published by Show My Game on the Website, shall constitute the entire agreement between you and Show My Game concerning the Show My Game Website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Show My Game’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Show My Game reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Show My Game Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND SHOW MY GAME AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SHOW MY GAME WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Privacy Policy
Effective as of April 2008

Show My Game, LLC ("Show My Game") recognizes that its, visitors, users, and others who use www.showmygame.com value their privacy. This Privacy Notice details important information regarding the use and disclosure of User information collected on the Show My Game Website. Show My Game provides this Privacy Notice to help you make an informed decision about whether to use or continue using the Show My Game Website.

This Privacy Notice is incorporated into and is subject to the Show My Game Terms of Use.  Your use of the Show My Game Website and any personal information you provide on the Show My Game remains subject to the terms of this Privacy Notice and our Terms of Use.
Please note that any video, image, or other content posted at the direction of Users onto the Show My Game Website becomes published content and is not considered personally identifiable information subject to this Privacy Notice.

The Information Show My Game Collects:

User Provided Information: You provide certain personally identifiable information (such as your name and email address) to Show My Game when choosing to participate in various activities on the Show My Game Website such as uploading videos, posting messages in our forums or in the video comments section, entering contests or sweepstakes, taking advantage of promotions, responding to surveys, or subscribing to newsletters or other mailing lists.

The Way Show My Game Uses Information:

If you submit personally identifiable information to us through the Show My Game Website, then we use your personal information to operate, maintain, and provide to you the features and functionality of the Show My Game Website. Any personal information or video content that you voluntarily disclose online (on discussion boards, in messages and chat areas, within your public profile page, etc.) becomes publicly available and can be collected and used by others. Your account name (not your email address) is displayed to other Users when you upload videos or send messages through the Show My Game and other Users can contact you through messages and comments. Any videos that you submit to the Show My Game may be redistributed through the internet and other media channels, and may be viewed by the general public. We do not use your email address or other personally identifiable information to send commercial or marketing messages without your consent or except as part of a specific program or feature for which you will have the ability to opt-in or opt-out. We may, however, use your email address without further consent for non-marketing or administrative purposes (such as notifying you of major Show My Game Website changes or for customer service purposes).

We use both your personally identifiable information and certain non-personally-identifiable information (such as anonymous User usage data, cookies, IP addresses, browser type, clickstream data, etc.) to improve the quality and design of the Show My Game Website and to create new features, promotions, functionality, and services by storing, tracking, and analyzing User preferences and trends.

We use cookies, clear gifs, and log file information to: (a) remember information so that you will not have to re-enter it during your visit or the next time you visit the Show My Game Website; (b) provide custom, personalized content and information; (c) monitor the effectiveness of our marketing campaigns; (d) monitor aggregate metrics such as total number of visitors, pages viewed, etc.; and (e) track your entries, submissions, and status in promotions, sweepstakes, and contests.

When Show My Game Discloses Information:

We provide personally identifiable information and non-personally-identifiable information to our subsidiaries, affiliated companies, or other businesses or persons for the purpose of processing such information on our behalf. We require that these parties agree to process such information in compliance with our privacy policy, and we use reasonable efforts to limit their use of such information and to use other appropriate confidentiality and security measures.

We do not share your personally identifiable information (such as name or email address) with other, third-party companies for their commercial or marketing use without your consent or except as part of a specific program or feature for which you will have the ability to opt-in or opt-out.
We do share non-personally-identifiable information (such as anonymous User usage data, referring / exit pages and URLs, platform types, number of clicks, etc.) with interested third-parties to assist them in understanding the usage patterns for certain content, services, advertisements, promotions, and/or functionality on the Show My Game Website.

We may release personally identifiable information and/or non-personally-identifiable information if required to do so by law, or in the good-faith belief that such action is necessary to comply with state and federal laws (such as U.S. Copyright Law) or respond to a court order, subpoena, or search warrant.

Show My Game also reserves the right to disclose personally identifiable information and/or non-personally-identifiable information that Show My Game believes, in good faith, is appropriate or necessary to enforce our Terms of Use, take precautions against liability, to investigate and defend itself against any third-party claims or allegations, to assist government enforcement agencies, to protect the security or integrity of our web site, and to protect the rights, property, or personal safety of Show My Game, our Users or others.

Your Choices

You may, of course, decline to submit personally identifiable information through the Show My Game Website, in which case Show My Game may not be able to provide certain services to you. You may update or correct your personal profile information and email preferences at any time by visiting your account profile page. Please note that media files uploaded by Users to the Show My Game Website cannot be removed and remain subject to our Terms of Use.
To protect your privacy and security, we take reasonable steps (such as requesting a unique password) to verify your identity before granting you profile access or making corrections. You are responsible for maintaining the secrecy of your unique password and account information at all times.
Please contact Show My Game with any questions or comments about this Privacy Notice, your personal information, your consent, or your opt-in or opt-out choices using this contact form.

Third-party Advertisers, Links to Other Website

Show My Game allows other companies, called third-party ad servers or ad networks, to serve advertisements within the Show My Game Website. These third-party ad servers or ad networks use technology to send, directly to your browser, the advertisements and links that appear on the Show My Game Website. They automatically receive your IP address when this happens. They may also use other technologies (such as cookies, JavaScript, or Web Beacons) to measure the effectiveness of their advertisements and to personalize the advertising content you see.
Show My Game does not provide any personally identifiable information to these third-party ad servers or ad networks without your consent or except as part of a specific program or feature for which you will have the ability to opt-in or opt-out. The advertiser may also use information regarding your use of the Show My Game Website, such as the number of times you viewed an ad (but not any personally identifiable information), to determine which ads to deliver to you.
You should consult the respective privacy policies of these third-party ad servers or ad networks (see links below) for more information on their practices and for instructions on how to opt-out of certain practices. Show My Game's privacy policy does not apply to, and we cannot control the activities of, such other advertisers or web Website.

Our Commitment To Data Security

Show My Game uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information. We cannot, however, ensure or warrant the security of any information you transmit to Show My Game and you do so at your own risk. Once we receive your transmission of information, Show My Game makes commercially reasonable efforts to ensure the security of our systems. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. If Show My Game learns of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps. Show My Game may post a notice on the Show My Game Website if a security breach occurs. Depending on where you live, you may have a legal right to receive notice of a security breach in writing. To receive a free written notice of a security breach (or to withdraw your consent from receiving electronic notice) you should notify us immediately.

Special Note to International Users:

The Show My Game Website is hosted in the United States and are intended for and directed to Users in the United States. If you are a User accessing the Show My Game Website from the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure, that differ from United States laws, please be advised that through your continued use of the Show My Game Website, which are governed by U.S. law, this Privacy Notice, and our Terms of Use, you are transferring your personal information to the United States and you consent to that transfer.

In the Event of Merger, Sale, or Bankruptcy:

In the event that Show My Game is acquired by or merged with a third party entity, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from our Users as part of such merger, acquisition, sale, or other change of control. In the unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors' rights generally, we may not be able to control how your personal information is treated, transferred, or used.

Changes and updates to this Privacy Notice
This Privacy Notice may be revised periodically and this will be reflected by the "effective date” above. Please revisit this page to stay aware of any changes. In general, we only use your personal information in the manner described in the Privacy Notice in effect when we received the personal information you provided. Your continued use of the Show My Game Website constitutes your agreement to this Privacy Notice and any future revisions.

For revisions to this Privacy Notice that may be materially less restrictive on our use or disclosure of the personal information you have already provided to us, we will attempt to obtain your consent before implementing such revisions with respect to such information