ATTENTION: These terms apply to the entire contents of the Website under the domain name https://showroomist.co(”Website”) and to any correspondence by e-mail between us and you. Please read these terms carefully before using the Website. Using the Website indicates that you accept these terms regardless of whether or not you choose to register with us. If you do not accept these terms, please do not use the Website. This notice is issued by SHOWROOMIST LTD, Office 34 67-68 Hatton Garden, London EC1N 8JY, registration number 10022457 (”Company”, “us”, “we”) email: firstname.lastname@example.org.
You may access some areas of the Website without registering your details with us. Certain areas of the Website are only open to you if you register. The Website allows Members to download Content for the purposes of promoting it and writing editorials about the Content, and we provide a variety of services relating to that Content, such as showing trends, locating products in physical showrooms, our frequent reports and other forms of analytics. Some helpful definitions of capitalised words used in these terms can be found at the bottom of the page.
By accessing any part of the Website, you are deemed to have accepted these terms in full. If you do not accept this legal notice in full, please leave the Website immediately.
As we grow and develop new functions and provide new services to you, we may revise these terms at any time by updating this posting. You should check the Website from time to time to review the then current terms, because they are binding on you. Certain provisions of these terms may be superseded by expressly designated legal notices or terms located on particular pages of the Website or notified to you when you access a new service for the first time.
2 Licences and warranties
We expect our Community to act responsibly when sharing or using Content. Instructions on how you can download and use Content can be found at https://showroomist.co/help The benefits of membership are set out at https://showroomist.co
As a Member you will be downloading Content provided by Customers. Please read the licence terms below carefully.
If you are an editor, publisher or otherwise intend to download the Content for use in promotional or editorial purposes, you warrant the following:
- You agree to be bound by the licence terms that apply to any Content you download and share (including, for example, any applicable brand guidelines);
- Unless otherwise stated, you are hereby granted by the owner or authorised licensor of the Content a worldwide, royalty-free, revocable, non-transferrable or sub-licensable, non-exclusive licence to display or publish the Content for promotional or editorial, non-commercial purposes only;
- You will promptly abide by any amendments or revocation of such licence if notified by us or the Content owner or authorised licensor;
- You will acknowledge and attribute the brand or Content owner when you share or use such brand or Content for any publication (including blogs), subject to any branding guidelines made known to you by us or the brand or Content owner; and
- You permit us to share your name and organisation’s name with our Customers or potential customers, not including your email or telephone number, which shall be shared only with prior permission in each instance;
- You will not alter, amend, adapt, modify or otherwise change the Content.
If you are not certain if your proposed use of the Content complies with the licence terms, please contact us for confirmation.
Us, i.e. the Website
You hereby grant us the right to collect analytic data relating to your use of the Website and the Content. We will use the analytic data to create rich information of the trends and statistics of Community, and turn that data in useful and insightful services for you. Analytic data is data about the Content and the behaviour of our Community, including the meta data and tags we apply to that data and the reports containing and summarising our findings, but which excludes the Content itself.
You hereby waive all claim in (or, if applicable, assign to us) all present and future Intellectual Property Rights subsisting in the analytic data. Unless notified otherwise, we hereby provide a worldwide, revocable, non-transferrable, non-sub-licensable, non-exclusive licence to you when we share (on a paid-for or free of charge basis as applicable) the results of our analytics services (for example, Trendist) with you. You may not create derivative works from our data or share it outside your organisation in a manner not approved by us in writing.
3 Content and conduct
You are prohibited from posting or transmitting to the Website, including to the Community through hosted messaging services or on blog posts, any Content:
(a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or
(b) for which you have not obtained all necessary licences and/or approvals; or
(c) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or
(d) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
You may not misuse the Website (including, without limitation, by hacking).
We shall fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of these terms.
We reserve to the right to remove Content without notice and at our sole and absolute discretion.
You shall follow with any specific brand guidelines or restrictions for your use of your Content that we make available to you.
The Website allows you to request samples of our Customers’ products. We act as the conduit for such requests. If you choose to request and receive samples of such products you do so entirely at your own risk and we disclaim all liability relating to such samples, including if they are lost, stolen, damaged sold or otherwise misused. All disclaimers, limitations and exclusions set out in these terms shall apply to such samples.
You will automatically receive newsletters from us. If you wish to stop receiving them you will be provided with options to unsubscribe in each newsletter.
4 Intellectual Property Rights and Indemnity
The Intellectual Property Rights in all Content shall remain vested in the rightful owner or licensor at the time of submission or as otherwise legally transferred or conferred while displayed on the Website. Save for the licences set out at Section 2 (Licences and Warranties) above, no other rights shall arise in the Content.
You or we (as applicable) shall promptly notify the other of any actual or suspected infringement of the Content that comes to your/our attention. The rightful owner, licensor or we may require the member(s) to cease all use of any of the Content if it is reasonably believed that your use of the relevant Content infringes their Intellectual Property Rights or those of any third party, or breaches any applicable law or regulation. In this instance, we, the rightful owner or licensor (as applicable) may, at our/their option either:
(a) provide you with alternative Content to avoid the infringement; or
(b) remove the affected Content form the Website
You shall indemnify us against all claims, liabilities and expenses arising out of any claim that your use of the Content infringes the rights of any third party.
5 Our Obligations
We shall ensure that the Content is kept secure and in an encrypted form, and shall use the industry standard practices and systems applicable to the use of the Content to prevent, and take prompt and proper remedial action against, unauthorised access, copying, modification, storage, reproduction, display or distribution of the Content. To the extent required, you grant us permission to take such remedial action.
While we try to ensure that the Website is normally available 24 hours a day, we shall not be liable if for any reason the Website is unavailable at any time or for any period.
We shall use our reasonable endeavours to ensure that our provision of the Content shall not reduce or diminish the reputation, image and prestige of the Content or of products sold which contain, include or relate to the Content. We shall provide you with any applicable brand guidelines or restrictions that apply to affected Content.
Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair, for reasons beyond the Company’s control or for an unremedied breach of these terms.
Any rights not expressly granted in these terms are reserved.
6 Links to and from other websites
Links to third party websites on the Website, if any, are provided solely for your convenience. If you use these links, you leave the Website. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk.
If you would like to link to the Website, you may only do so on the basis that you link to, but do not replicate, the home page of the Website, and subject to the following conditions:
(a) you do not remove, distort or otherwise alter the size or appearance of the Showroomist logo;
(b) you do not create a frame or any other browser or border environment around the Website;
(c) you do not in any way imply that we are endorsing any products or services other than our own;
(d) you do not misrepresent your relationship with us nor present any other false information about us;
(e) you do not otherwise use any Showroomist or its Community’s trademarks displayed on the Website without express written permission from us or the relevant member;
(f) you do not link from a website that is not owned by you; and
(g) your website does not contain content that is distasteful, offensive or controversial, infringes any Intellectual Property Rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
We expressly reserve the right to revoke the right granted in for breach of these terms and to take any action we deem appropriate.
7 Disclaimer and Waiver
While we try to ensure that the information on the Website is correct, we do not warrant the accuracy and completeness of the material on the Website. The material on the Website may be out of date, and we make no commitment to update such material unless requested by the relevant rights holder. You are fully responsible for the Content you publish on blog services hosted by the Website.
The material on the Website is provided “as is”, without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with the Website on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of the use of reasonable care and skill or any applicable implied terms) which, but for this legal notice, might have effect in relation to the Website.
No failure or delay by a party to exercise any right or remedy provided under these terms or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
We, any other party (whether or not involved in creating, producing, maintaining or delivering the Website), and any of our current or future group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with the Website in any way or in connection with the use, inability to use or the results of use of the Website, any websites linked to the Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Website or your downloading of any material from the Website or any websites linked to the Website.
Nothing in these terms shall exclude or limit any party’s liability for:
(a) death or personal injury caused by negligence; or
(b) fraud; or
(c) deliberate misrepresentation as to a fundamental matter; or
(d) any liability which cannot be excluded or limited under applicable law.
9 Your membership with us
Your membership is entirely free and allows you to use all the facilities of this Website in accordance with these terms. If your membership comes to an end by termination or non-use, all rights and authorisations granted to you by these terms shall automatically terminate and you agree to immediately cease all sales, marketing and promotion relating to the Content downloaded from the Website, and shall, at our option and according to our instructions, immediately return, destroy or permanently delete all Content (including samples) in your possession or subject to your control, including from back-up systems and any cached Content within your control.
When your membership ends we shall promptly make the Content inaccessible on the Website. We shall retain all rights in the analytic data.
Each registration is for a single user only. We do not permit you to share your user name and password with any other person nor with multiple users on your network or in your organisation. We do not, however, restrict the number of registrants from any organisation.
Responsibility for the security of any passwords issued rests with you.
11 Governing law and jurisdiction
These terms, the operation of the Website and your members’ activities shall be governed by and construed in accordance with English law. Disputes arising in connection with these terms shall be subject to the exclusive jurisdiction of the English courts.
Capitalised words in these terms shall have the following meaning:
Community: all users of the Website, including Members and Customers.
Content: all content including text, information, data, software, executable code, photographic or rendered images, audio, or video material in any medium, file format or form submitted to the Website.
Customer(s): users of the Website that are brand owners, rights holders, agencies and their representatives that upload Content to be used by you.
Intellectual Property Rights: patents, rights to inventions, copyright and neighbouring and related rights, moral rights, trademarks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, database rights, rights to use and protect the confidentiality of, confidential information (including know-how and trade secrets), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.