Acceptance of the Terms of Use

Welcome to Show & Tell. Show & Tell is a tradename and registered trademark of BlackBox Development LLC, a Minnesota corporation (“Company”, “we” or “us”). The following terms and conditions (the “Terms of Use”), govern your access to and use of Show & Tell digital properties, including all subdomains, software and applications, any content, all data, text, images, photos, graphics, audio, video, documents and other information, functionality and services offered on or through Show & Tell digital properties (the “Website(s)”), whether as a guest or a registered user.

Please read the Terms of Use carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms of Use, and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.

By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set forth in “Governing Law and Jurisdiction” will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the Website.

Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time/frequently/each time you access this Website so you are aware of any changes, as they are binding on you.

Your Account

You must be a human. Accounts registered by "bots" or other automated methods are not permitted.

You must be 13 years of age or older.

You must provide a valid email address, along with any other information required by Show & Tell during the registration process.

You are responsible for maintaining the security of your account and password. Show & Tell will not be liable for any loss or damage from your failure to comply with this security obligation. Personally identifiable information submitted by you shall be subject to our Privacy Policy.

One person or legal entity may not maintain more than one free account. You may not use the Show & Tell Site for any illegal or unauthorized purpose. You must not, in the use of the Show & Tell Site, violate any laws in your jurisdiction (including but not limited to copyright laws).

Payments, Refunds, Upgrading and Downgrading

Unless otherwise arranged with a Show & Tell representative, a valid credit card is required for paying accounts. Free accounts are not required to provide a credit card number. The Show & Tell Service is billed in advance in accordance with our pricing schedule and all monthly and annual payments are nonrefundable. There will be no refunds or credits for partial periods of service, upgrade/downgrade refunds, or refunds for service periods unused with an open account. In order to treat everyone equally, no exceptions will be made.

All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes. You agree to pay for any such taxes that might be applicable to your use of the Show & Tell Site and payments made by you herein.

Violation of these Terms of Service

Show & Tell reserves the right to investigate and prosecute violations of any of these Terms of Service to the fullest extent of the law. Show & Tell may involve and cooperate with law enforcement authorities in prosecuting users who violate the Terms of Service. You acknowledge that Show & Tell has no obligation to prescreen or monitor your access to or use of the Show & Tell Site or any information, materials or other content provided or made available through the Show & Tell Site, but has the right to do so. You hereby agree that Show & Tell may, in the exercise of Show & Tell' sole discretion, remove or delete any entries, information, materials or other content that violates these Terms of Service or that is otherwise objectionable.

Cancellation

You are solely responsible for properly canceling your Account. To do so, the account owner must send an email via our contact page with "Account Cancellation" in the message body. Any cancellation of your Account will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. This information cannot be recovered from Show & Tell once your account is canceled. Please be aware that Show & Tell may for a time retain residual information in our backup and/or archival copies of our database. We will make reasonable commercial efforts to delete your information as soon as possible after you communicate that intention to us.

Cancellations will take effect at the end of your current service period. Upon the commencement of a new service period, the Show & Tell Site will terminate without additional notice, and you will not be charged for any subsequent service periods. You will not be provided any refunds for unused time on your service period.

Termination

Show & Tell reserves the right to terminate any free Accounts that do not have any activity for sixty (60) days or trial accounts without a payment method thirty (30) days after expiration. Show & Tell, in its sole discretion, has the right to suspend or terminate your Account if you breach these Terms of Service. Show & Tell may refuse to provide you any current or future use of the Show & Tell Site, or any other Show & Tell service. Any termination of your Account will result in the deactivation or deletion of your Account, denied access to your Account, and the forfeiture and relinquishment of all Content in your Account. This information cannot be recovered from Show & Tell once your Account is terminated; however Show & Tell may for a time retain residual information in our backup and/or archival copies of our database.

Referral Program

Show & Tell reserves the right to revoke or cancel bonuses/rewards/discounts/free months awarded via our Referral Program if, in its sole discretion, that the bonuses were earned against the spririt of inviting new individual users to the Show & Tell service to increase the number of paying subscribers or adding co-workers to existing projects. Examples of improper behavior: Referring the same user by using multiple unique email addresses, referring users to build up more than 6 months of free service for one Show & Tell project, any scheme that goes against the spririt of the referral program.

If a free month or discounted month is earned then that free or discounted month will be applied to the second month or later of a user's paid subscription of the Show & Tell service.

Modifications to the Show & Tell Site and Prices

Show & Tell reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Show & Tell Site (or any part thereof) with or without notice.

Prices of all Show & Tell plans, including but not limited to monthly subscription plan fees to the Show & Tell Site, are subject to change. If the price of your plan does change, your monthly fees will not.

Show & Tell shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Show & Tell Services.

We reserve the right, in our sole discretion, to change, modify, add to, supplement or delete any portion of these Terms of Service at any time, effective with or without prior notice; provided, however, that we will use reasonable efforts to provide you with notification of any material changes (as determined in our sole discretion) by email.

If any future changes to these Terms of Service are unacceptable to you or cause you to no longer be in compliance, you must immediately stop using the Show & Tell Service. Your continued use of the Show & Tell Service following any revision to this Agreement constitutes your complete acceptance of any and all such changes. Any new features that augment or enhance the current Show & Tell Service, including the release of new tools and resources, will be subject to these Terms of Service.

Copyright and Content Ownership

We claim no intellectual property rights over the content submitted or created exclusively in your Show & Tell account. Any content that is yours remains yours.

These Terms do not grant us any licenses or rights to your content except for the limited rights needed for us to provide the Services to you.

The look and feel of the Show & Tell Site is © 2017 Show & Tell, Inc. all rights reserved. You may not duplicate, copy, or reuse any portion of the code or visual design elements without express written permission.

Indemnification

You agree to indemnify and hold Show & Tell, its parents, subsidiaries, affiliates, officers, partners and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Services, use of your account by any third party, the violation of the terms of use by you, or the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity.

Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL Show & Tell OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS OR SUPPLIERS, BE LIABLE TO YOU FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES THAT RESULT FROM OR RELATE TO THE SERVICES, INCLUDING YOUR USE THEREOF, OR ANY OTHER INTERACTIONS WITH Show & Tell, EVEN IF Show & Tell OR AN Show & Tell AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL Show & Tell’ OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS OR SUPPLIERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE SITE OR SERVICES EXCEED EITHER THE AMOUNT OF FEES PAID BY YOU TO Show & Tell FOR THE SERVICES IN THE SIX (6) MONTH PERIOD PRECEDING THE EVENTS THAT GIVE RISE TO THE APPLICABLE CLAIM OR FIFTY U.S. DOLLARS, WHICHEVER IS GREATER.

Disclaimer

THE SERVICES, Show & Tell SITE AND ITS CONTENTS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTY OR REPRESENTATIONS OF ANY KIND, WHETHER EXPRESSED OR IMPLIED. Show & Tell IS A DISTRIBUTOR AND NOT A PUBLISHER OF THE CONTENT SUPPLIED BY THIRD PARTIES; AS SUCH, Show & Tell EXERCISES NO EDITORIAL CONTROL OVER SUCH CONTENT AND MAKES NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, RELIABILITY OR CURRENCY OF ANY INFORMATION, CONTENT, SERVICE OR MERCHANDISE PROVIDED THROUGH OR ACCESSIBLE VIA THE SITE. WITHOUT LIMITING THE FOREGOING, Show & Tell SPECIFICALLY DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS AS THE PUBLISHER OF ANY CONTENT TRANSMITTED ON OR IN CONNECTION WITH THE SITE OR ON SITES THAT MAY APPEAR AS LINKS ON THE SITE, OR THE SERVICES, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY Show & Tell NOR ANY OF ITS AFFILIATES, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, OR THE LIKE SHALL CREATE A WARRANTY. PRICE AND AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE.

Publicity

You grant Show & Tell the right to use your company name and logo as a reference for marketing or promotional purposes on our website and in other public or private communications, subject to your standard trademark usage guidelines as provided to us from time-to-time. If you don’t want to be listed, you may send an email via our contact page declining to be used as a reference.

Jurisdiction

All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Minnesota without giving effect to any choice or conflict of law provision or rule (whether of the State of Minnesota or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the United States District of Minnesota (but only if there is federal subject matter jurisdiction), or the courts of the State of Minnesota located within Hennepin County. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Open-Source Software Licenses

Tours feature powered by Shepherd + Tether obtained via the MIT License and these libraries are Copyright (c) 2014-2017 HubSpot, Inc.

Entire Agreement

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and BlackBox Development LLC, a Minnesota corporation d/b/a Show & Tell with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.

Your Comments and Concerns

This website is operated by BlackBox Development LLC, 100 Warren St, Suite 400, Mankato, Minnesota 56001.

All notices of copyright infringement claims should be sent to the copyright agent Paul Shneider, 100 Warren St, Suite 400, Mankato, MN 56001.

All other feedback, comments, requests for technical support and other communications relating to the Website should be directed through our contact page.