Introduction
Welcome to Booth and Show. By using the services on the Booth and Show websites (BoothandShow.com and other related websites where this agreement appears), you are agreeing to the following terms, including those available by hyperlink, with Booth and Show and the general principles for the websites of our subsidiaries and international affiliates. If you reside outside of the United States, you are still contracting with Booth and Show in the United States. If you have any questions, please use "Contact Us" on the main page.
Before you may become a member of Booth and Show, you must read and accept all of the terms and conditions in, and linked to, this User Agreement and the Privacy Policy. We strongly recommend that, as you read this User Agreement, you also access and read all, if any, information. By accepting this User Agreement, you also agree that your use of some Booth and Show-branded websites or websites we operate may be governed by separate user agreements and privacy policies. The agreement that applies on any of our domains and sub domains is always the agreement described on each respective website.
This Agreement is effective on December 1, 2009, for current users, and upon acceptance for new users.
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Scope
This Privacy Policy describes how we handle your personal information for our services on the Booth and Show websites. It applies generally to the BoothandShow.com website and content and other related websites where this policy appears. Some Booth and Show-branded websites or websites we operate may be governed by separate privacy policies. The policy that applies on any of our domains or sub domains is always the policy described on each respective website.
Our subsidiaries’ and joint ventures’ privacy practices are similar to those described in this Privacy Policy. Subject to the requirements of applicable law, we strive to provide a consistent set of privacy practices throughout the global Booth and Show community. By accepting the Privacy Policy and the User Agreement in registration, you expressly consent to our collection, storage, use and disclosure of your personal information as described in this Privacy Policy. This Privacy Policy is effective upon acceptance for new users and is otherwise effective on December 1, 2009.
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Privacy
We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We use your information only as described in the Booth and Show Privacy Policy. We view protection of users' privacy as a very important community principle. We store and process your information on computers located in the United States that are protected by physical as well as technological security devices. You can access and modify the information you provide us by signing-in to your account. We use third parties to verify and certify our privacy principles. If you object to your Information being transferred or used in this way please do not use our services.
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General
Booth and Show is located at 14 El Toyonal, Orinda, CA 94563. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. In our sole discretion, we may assign this Agreement in accordance with the Notices Section. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement.
We may amend this Agreement at any time by posting the amended terms on this site. Except as stated elsewhere, all amended terms shall automatically be effective 30 days after they are initially posted. Additionally, we will notify you through the Booth and Show "News and Updates" on the main page. This Agreement may not be otherwise amended except in a writing signed by you and us. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The following Sections survive any termination of this Agreement: Fees and Services (with respect to fees owed for our services), Release, Content License, Liability, Indemnity and Resolution of Disputes.
You may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
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Collection
You can browse our sites without telling us who you are or revealing any personal information about yourself. Once you give us your personal information, you are not anonymous to us. If you choose to provide us with personal information, you consent to the transfer and storage of that information on our servers located in the United States.
We may collect and store the following personal information:
- email address, physical contact information, billing information, first and last name, and/or phone numbers;
- content you generate or that relates to your account;
- dispute resolution, correspondence through our sites, and correspondence sent to us;
- other information from your interaction with our sites, services, content and advertising, including computer and connection information, statistics on page views, traffic to and from the sites, ad data, IP address and standard web log information;
- additional information we ask you to submit to authenticate yourself or if we believe you are violating site policies (for example, we may ask you to send us an ID or bill to verify your address, or to answer additional questions online or over the telephone to help verify your identity or ownership of a show listing);
- information from other companies, such as demographic and navigation data; and
- other supplemental information from third parties (for example, if you incur a debt to Booth and Show, we will generally conduct a credit check by obtaining additional information about you from a credit bureau, as permitted by law).
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Marketing
We don't sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We may combine your information with information we collect from other companies and use it to improve and personalize our services, content and advertising. If you don't wish to receive marketing communications from us, simply follow the directions provided with the communication or advertisement.
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Using Booth and Show
While using Booth and Show, you will not:
- post content in an inappropriate category or areas on our sites and services;
- violate any laws, third party rights, or our policies such as the Prohibited and Restricted Material policies;
- use our sites or services if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from our sites;
- circumvent or manipulate our fee structure, the billing process, or fees owed to Booth and Show;
- post false, inaccurate, misleading, defamatory, or libelous content (including personal information);
- transfer your Booth and Show account (including feedback) and User ID to another party without our consent;
- distribute viruses or any other technologies that may harm Booth and Show, or the interests or property of Booth and Show users;
- copy, modify, or distribute content from the Sites and Booth and Show's copyrights and trademarks; or
- harvest or otherwise collect information about users, including email addresses, without their consent.
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Abusing Booth and Show
Booth and Show and the Community work together to keep our sites and services working properly and the Community safe. Please report problems, offensive content, and policy violations to us.
Without limiting other remedies, we may limit, suspend or terminate our service and user accounts, prohibit access to our website, delay or remove hosted content, and take technical and legal steps to keep users off the sites if we think that they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time.
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Content
When you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, trademark, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future.
While we try to offer reliable data, we cannot promise that the information will always be accurate and up-to-date. You will be responsible for ensuring that your listings are accurate and do not include misleading information. You agree that you will not hold our content providers responsible for inaccuracies in their listings. The listings may include copyrighted, trademarked or other proprietary materials. You may use the content only for informational purposes and only in connection with your Booth and Show listings. You may not use listing content in a way that infringes or violates anyone’s proprietary rights.
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Liability
You will not hold Booth and Show responsible for other users' content, or actions or inactions. We have no control over and do not guarantee the quality, safety or legality of information provided, or the truth or accuracy of users’ content or listings.
We cannot guarantee continuous or secure access to our services, and operation of the sites may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of our sites and services. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
Regardless of the previous paragraph, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the total fees you paid to us in the 12 months prior to the action giving rise to the liability, or (b) $100.
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Release
If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
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Access and Interference
Much of the information on the sites is updated on a real-time basis and is proprietary or is licensed to Booth and Show by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the sites for any purpose without our express written permission.
Additionally, you agree that you will not:
- take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
- copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for Your Information) from the sites without the prior expressed written permission of Booth and Show and the appropriate third party, as applicable;
- interfere or attempt to interfere with the proper working of the sites or any activities conducted on the sites; or
- bypass measures we may use to prevent or restrict access to the sites.
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Indemnity
You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures and employees), harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.
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No Agency
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
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Notices
Except as explicitly stated otherwise, legal notices shall be served to the email address you provide to Booth and Show during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given three days after the date of mailing.
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Resolution of Disputes
If a dispute arises between you and Booth and Show, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Booth and Show agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a "Claim") in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution by going to the Feedback page by clicking on the "Contact Us" button on the main page. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
- Law and Forum for Disputes - This Agreement shall be governed in all respects by the laws of the State of California as they apply to agreements entered into and to be performed entirely within California between California residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Booth and Show must be resolved by a court located in Contra Costa County, California, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within Contra Costa County, California for the purpose of litigating all such claims or disputes.
- Arbitration Option - For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
- Improperly Filed Claims - All claims you bring against Booth and Show must be resolved in accordance with this Resolution of Disputes Section. All claims filed or brought contrary to the Resolution of Disputes Section shall be considered improperly filed. Should you file a claim contrary to the Resolution of Disputes Section, Booth and Show may recover attorneys' fees and costs up to $1000, provided that Booth and Show has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
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Fees and Services
Viewing information on Booth and Show is free. We do charge fees for using other services, such as listing shows. When you list a show or use a service that has a fee you have an opportunity to review and accept the fees that you will be charged. We may change fees from time to time. Changes to that Policy are effective after we provide you with at least fourteen days' notice by posting the changes on the Booth and Show site. We may choose to temporarily change the fees for our services for promotional events or new services, and such changes are effective when we post the temporary promotional event or new service on the sites.
Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes associated with our sites and services in a timely manner with a valid payment method. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. (This includes charging other payment methods on file with us, retaining collection agencies and legal counsel, and for accounts over 180 days past due, deducting the amount owed from your PayPal account balance.)
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Use
Our primary purpose in collecting personal information is to provide you with a safe, smooth, efficient, and customized experience. You agree that we may use your personal information to:
- provide the services and customer support you request;
- resolve disputes, collect fees, and troubleshoot problems;
- prevent potentially prohibited or illegal activities, and enforce our User Agreement;
- customize, measure and improve our services, content and advertising;
- tell you about our services, targeted marketing, service updates, and promotional offers based on your communication preferences; and
- compare information for accuracy, and verify it with third parties.
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Our Disclosure of Your Information
We may disclose personal information to respond to legal requirements, enforce our policies, respond to claims that a listing or other content violates the rights of others, or protect anyone's rights, property, or safety. Such information will be disclosed in accordance with applicable laws and regulations.
We may also share your personal information with:
- Members of Booth and Show, to help detect and prevent potentially illegal acts and violations of our policies, and to guide decisions about their products, services and communications. Booth and Show will use this information to send you marketing communications only if you’ve requested their services.
- Service providers under contract who help with our business operations (such as fraud investigations, bill collection, affiliate and rewards programs and co-branded credit cards).
- Other third parties to whom you explicitly ask us to send your information (or about whom you are otherwise explicitly notified and consent to when using a specific service).
- Law enforcement or other governmental officials, in response to a verified request relating to a criminal investigation or alleged illegal activity. In such events, we will disclose information relevant to the investigation, such as name, city, state, zip code, telephone number, email address, User ID history, IP address, fraud complaints, and listing history.
- Booth and Show officers, directors, agents, subsidiaries, joint ventures and employees under confidentiality agreement, as we in our sole discretion believe necessary or appropriate in connection with an investigation of fraud, intellectual property infringement, piracy, or other unlawful activity. In such events, we will disclose name, street address, city, state, zip code, country, phone number, email address and company name.
- Other business entities, should we plan to merge with or be acquired by that business entity. (Should such a combination occur, we will require that the new combined entity follow this privacy policy with respect to your personal information. If your personal information will be used contrary to this policy, you will receive prior notice.)
Without limiting the above, in an effort to respect your privacy and our ability to keep the community free from bad actors, we will not otherwise disclose your personal information to law enforcement, other government officials, or other third parties without a subpoena, court order or substantially similar legal procedure, except when we believe in good faith that the disclosure of information is necessary to prevent imminent physical harm or financial loss or to report suspected illegal activity.
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Information You Share on Booth and Show
Your User ID is displayed throughout Booth and Show (and so available to the public), and is connected to all of your Booth and Show activity. Notices sent to other community members about suspicious activity and policy violations on our sites refer to User IDs and specific listings. So if you associate your name with your User ID, the people to whom you have revealed your name will be able to personally identify your Booth and Show activities.
If you access our sites from a shared computer or a computer in an internet café, certain information about you, such as your User ID, activity or reminders from Booth and Show, may also be visible to other individuals who use the computer after you.
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No Spam, Spyware or Spoofing
We and our users do not tolerate spam. You are not licensed to add other Booth and Show users to your mailing list (email or physical mail) without their express consent. To report Booth and Show-related spam or spoof emails to Booth and Show, please use "Contact Us" on the main page. You may not use our communication tools to send spam or otherwise send content that would violate our User Agreement. We may scan and filter messages to check for spam, viruses, phishing attacks and other malicious activity or illegal or prohibited content, but we do not permanently store messages sent through these tools. If you send an email to an email address that is not registered in our community, we do not permanently store that email or use that email address for any marketing purpose. We do not rent or sell these email addresses.
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Accessing, Reviewing and Changing Your Personal Information
You can see, review and change most of your personal information by signing on to Booth and Show. Generally, we will not manually modify your personal information because it is very difficult to verify your identity remotely. You must promptly update your personal information if it changes or is inaccurate. Upon your request, we will close your account and remove your personal information as soon as reasonably possible, based on your account activity and in accordance with applicable law. We do retain personal information from closed accounts to comply with law, prevent fraud, collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigations, enforce our Booth and Show User Agreement, and take other actions otherwise permitted by law.
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Security
Your information is stored on our servers located in the United States. We treat data as an asset that must be protected and use lots of tools (encryption, passwords, physical security, etc.) to protect your personal information against unauthorized access and disclosure. However, as you probably know, third parties may unlawfully intercept or access transmissions or private communications, and other users may abuse or misuse your personal information that they collect from the site. Therefore, although we work very hard to protect your privacy, we do not promise, and you should not expect, that your personal information or private communications will always remain private.
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Third Parties
Except as otherwise expressly included in this Privacy Policy, this document addresses only the use and disclosure of information we collect from you. If you disclose your information to others on our sites or other sites throughout the internet, different rules may apply to their use or disclosure of the information you disclose to them. Booth and Show does not control the privacy policies of third parties, and you are subject to the privacy policies of those third parties where applicable. We encourage you to ask questions before you disclose your personal information to others.
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General
We may amend this Privacy Policy at any time by posting the amended terms on this site. All amended terms automatically take effect 30 days after they are initially posted on the site. In addition, we will notify you through the Booth and Show News and Updates on the main page. If your questions are not answered online, you may write to us at: Booth and Show Attn: Support - 14 El Toyonal, Orinda, Ca., 94563 or by using "Contact Us" on the main page.
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Outage Policy
Booth and Show’s highest priority is its members’ success. However, the Booth and Show site occasionally experiences outages during which information will not be visible. We at Booth and Show will ensure that every humanly possible action will be taken to resolve the issue.
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Prohibited and Restricted Material
Booth and Show will not be held responsible for the content of material or materials uploaded and viewed on Booth and Show's websites. Any dispute regarding said material is to be delt with by the promoter displaying the material and not with Booth and Show.
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