Introduction: who we are and what these Registration Terms are for
Registration: how to get started
You: general information about you and your basic obligations
ShowReal: what our service is and how you can use it
Content: what content you can post to ShowReal
Complaints: what to do if you aren’t happy and need to contact us
Liability: our liability to you
This Contract: general legal stuff about our relationship with you, often called ‘the boilerplates’.
ShowReal is a dating website and mobile application that allows its users to create dating profiles and search for other users who may be their Mr. or Mrs. Right. Unlike other dating websites and mobile applications that allow users to upload information and photographs, ShowReal is doing things differently. Users are asked to video themselves answering a short set of questions and it is that video that will form their dating profile. After all, what better way to see if you are attracted to somebody than by seeing them interact and answering interesting, dating-specific questions.
A service like ShowReal (which in this document we’ll refer to as “the Service”) requires lots of people to interact with each other (us included) within some kind of framework designed to safeguard everyone’s legitimate interests. In essence, that framework is provided by these Registration Terms (which we will refer to as the “Terms”).
ShowReal is owned and operated by Time To Get Reel Limited, a company registered in England and Wales under company registration number 09904513 and whose registered office is located at Pentland, Farley Heath, Albury, Guildford, Surrey, GU5 9EW. When we use words like “we”, “us” and “our” in these Terms, we are referring to Time To Get Reel Limited. Likewise, when we use words like “you” and “your”, we are referring to you, whom, we hope, will soon be our registered user. The “Website” is the website hosted at www.showreal.com and the “App” is the ShowReal mobile application that is currently available on Apple (iOS) devices, but will also be available on Android devices by Autumn 2016.
If you want to access our Service you will need to register with us and to do that, you need to accept these Terms. If you don’t accept these Terms, you will be able to browse through the public pages of the Website and App, but you won’t be able to do anything else. When you complete your registration by accepting these Terms, there will be a legal contract between you and us.
Anybody can view the Website and download the App but in order to use our Service and any other functionality that we provide from time to time you must register. We will need some basic information from you in order to complete your registration. You can provide us with your name, a functioning email address and a password or alternatively you can log in using your Facebook account. In completing your registration, you confirm that the information you are providing to us during the process is accurate and up-to-date. You can change these details later by accessing your account.
You also need to check the box that is your confirmation that you accept these Terms. If you don’t do that, you won’t be able to register. But if you do check the box and submit your registration to us, please bear in mind that you are entering into a contract with us and that contract is, of course, based on these Terms. Don’t worry, you don’t *have* to do anything in particular and we won’t charge you for accessing the Service unless you have set up subscription payments (as detailed below). If you wish, you can even have your registration terminated. But since you are entering into a contract with us, it would be sensible to have a good read of these Terms just to make sure you are aware of the position.
Should you need to contact us after registration, we may ask you to identify yourself by providing name and/or your email address. This is just so we can link you to your ShowReal account. If you have chosen to log into our Service through your Facebook account, we will require the email address that is linked to that social media account.
You’ll always be able to find a copy of these Terms on the Website and App, but you might choose to save a copy for your records. If you do, please bear in mind, however, that the Terms might change in the future, especially since we may add functionality to the Service over time. If we do change the Terms, we will, of course, contact you through the Service to let you know that the Terms have changed. If you continue to use the Service after that, you will do so having accepted the new version of the Terms.
Because of the way English law works, children are not capable of entering into contracts. Consequently, our users must be at least 18 years of age and you confirm that you are and that you are capable of entering into binding contracts.
Assuming then that you are over 18 and capable of entering into contracts that are legally binding on you, your registration on these Terms gives rise to a contract between you and us that is indeed binding on both you and us and those that may later inherit the benefit of the contracts that we have formed. You may not transfer or sell your rights under this contract to anybody else nor may you use it as security for anything. The nature of running a Service like ShowReal means that we may, for some reason, have to ‘assign’ the contract that we’ve formed with you to another business (for example, as part of a restructure or if we are acquired by another company).
We may also, in our sole discretion, terminate your account (for example, if we consider that you have become inactive or if you breach these Terms). If we do so, there is no obligation for us to provide an explanation to you.
After registration you may use the Service to create your own dating profile and, if applicable, set up subscription payments. The Service will enable you to video yourself answering four out of five simple, pre-set questions and will then automatically edit the footage into a seamless ShowReal. As this will form the basis of your profile, try to be as relaxed as you can whilst making the video and provide full, accurate and honest answers. You are also advised to read the section below titled ‘Content’, as it’s really important that the content you upload to your profile abides by these Terms. If you make a mistake or are unhappy with the ShowReal, you can use the Service to re-record any or all of your answers.
You may also use the Service to browse other user profiles and ShowReals. To process a user, the Service will allow you three options; you can click “Keep” if you find a user that you may be interested in, “2nd Chance” to give a user another chance or “Cut” if you are not interested in a user. If a user reciprocates your interest, you will be informed of the match and you may use the Service to interact with the matched user.
There is no limit as to how many users you can be interested in, be matched with or be interacting with – all we ask is that you use the Service safely and in good faith. Our User Safety Guidance can be found here www.showreal.com/safety and will available on our Website and App at all times. Please read this before you make interact with another user, whether that it is online through our Service or offline by arranging to meet each other. We try to ensure that our Service is as safe as possible, but you accept that we take no responsibility for the conduct or identity of our users. All user interactions are also your sole responsibility. The User Safety Guidance sets out tips for staying safe when interacting with another user, so it’s really important that you take time to read it.
We may from time to time offer the Service free of charge (for example, when we first launch and if we create promotional offers). However, when notified by us, you will be required to set up subscription payments to continue your use of the Service. The Website and the App will guide you through that process and will inform you of the subscription options and payment methods. Your subscription begins when the first payment is received and shall continue on a rolling basis until cancelled by you or us. If you don’t pay the subscription when you’re meant to and you still haven’t paid within seven days of us reminding you, we may suspend the Service until you have paid us or terminate your access to the Service altogether. We may also charge you interest on your overdue payments, at the rate of 4% above the Bank of England’s base rate from time to time. You will pay that interest alongside the overdue payments.
If for any reason you wish to end your subscription, this can be done through the Website or the App. You can also let us know at any time that you wish to cancel by contacting us at firstname.lastname@example.org. Subscriptions much be cancelled at least 7 days before the next bill is due to be paid. If this notice isn’t given, payment may still be taken and processed as normal.
If you have any queries or concerns about ShowReal or the Service that we provide, please send us an email to email@example.com and we will be happy to help.
As a dating Website and App, ShowReal is what its users make it. That said, there are core purposes for it (as outlined above) that encompass everything that we and our users do with it.
You agree that you are solely responsible and liable for all activities carried out through your use of the Website and App and that you will not, under any circumstances, use your registration for actions that do not fall within those core purposes.
You may use your registration to contact us and other users directly and you agree not to “troll” anybody or use the Service for the distribution of unsolicited and unwanted communications (whether commercial or otherwise), which you might know as “spam”. If you use your registration to troll or to distribute spam, we’ll terminate your registration immediately.
You further promise that any content you upload (including your ShowReal and any direct messages that you send to other users) will not be misleading, offensive, obscene, abusive, libellous, false, deliberately misleading, or otherwise illegal or unlawful. For short, let’s call this “Unlawful Content”. If you do upload Unlawful Content, we reserve the right to remove it immediately from our Service. If we remove it we may let you know that we have done this but we reserve the right not to, especially if we consider the content to be an intentional breach of these Terms. We may allow you to explain why you have uploaded the Unlawful Content but if your explanation is unconvincing or you take an unreasonably long time to respond, we may, at our discretion, terminate your registration.
You may have heard of the term “intellectual property”. Intellectual property is the term used to describe things that can be owned but which are not physical in nature. The owner of intellectual property doesn’t own something that is tangible but instead has the right to control how that intangible thing is used, hence the term “intellectual property rights”. Trade marks, patents and copyright are well-known and commonplace forms of intellectual property, but there are lots more besides. And if you use somebody else’s intellectual property rights without their permission (which is often referred to as a “licence”), you’ve “infringed” their rights.
When you upload content to the Website or App, you confirm that either you own the intellectual property rights in that content or, if those rights belong to someone else, that you have their permission to upload it to the Website or App. You also confirm that you will not upload content that infringes the rights of others, whether or not they are users of the Website or App. We do not claim ownership of any content that you upload but you do give us permission to use that content in our promotional activities and on our social media accounts as we see fit and that permission shall continue even after your registration is terminated for whatever reason.
Where you upload content that infringes the intellectual property rights of somebody else, we may delete that content immediately. We will contact you to let you know that we’ve done this (unless we are required not to by law) and you can contact us to explain what’s happened or, perhaps, complain about what’s happened (if you believe you had the right to use that content or that you believe you actually own it).
If you breach the terms relating to your content either by uploading Unlawful Content or by uploading content that infringes the intellectual property rights of others, there is a good chance that we are going to have to devote resources to dealing with the problem. This may involve spending real cash on lawyers, investigators and the like. Consequently, where this happens you agree to compensate us fully, pound for pound, on demand for any and all such losses, whether in the form of direct expenses or for our loss of time or for other things that are readily quantifiable. In legalese, you ‘indemnify us’ and ‘ will hold us harmless’. Where we suffer other losses that are harder to quantify, we reserve the right to pursue you for the recovery of these. Our right to take action to recover such losses or to insist on this indemnity will survive the termination of your registration (which would otherwise terminate our contract with you).
One final thing on the subject of intellectual property rights. Just as you may own the content that you upload, we own the framework and content that makes up the Service. That includes all the ‘copy’, the code, the look and feel, the trade marks and the graphics. You can use all of that in making use of your registration in accordance with these Terms, but for absolutely no more than that. Even the copyright in these Terms and the other legal documentation is owned by our lawyers and licensed to us for this purpose. Were you to use their things without asking, they would be most unimpressed. So please don’t try to use any of the intellectual property that we provide for purposes that are not intended or envisaged by these Terms.
If you come across any evidence to suggest that somebody using the Service is in breach of these Terms, or if you are unhappy with the Service that we are providing, please feel free to contract us at firstname.lastname@example.org. We want our users to really enjoy and benefit from the ShowReal Service, so we will try as hard as possible to deal with your complaint quickly and thoroughly.
At any given time, we believe we have a pretty good idea as to how well the functionality we’ve provided is working. We’re working on new features all the time and occasionally, we may want to replace older features with new, better ones. It is inevitable that from time to time we will provide features or functionality that seemed like a really good idea at the time but which, for whatever reason, don’t really catch on with our users. So when this happens, we reserve the right under these Terms to add or remove functionality and features. We will do our best to give you some advance notice of this but from time to time, this might not be possible. For example, if something breaks and it is complicated to fix and not sufficiently popular to warrant dropping everything to fix, we may decide to withdraw it immediately. That withdrawal may be temporary or it may be that we withdraw it permanently, and we have the right to decide what’s best in the circumstances.
Consumers enjoy protection under a variety of laws in different jurisdictions around the world and our users will be using our Website and App as a consumer. Nothing in these Terms is intended to undermine your protection either in England or wherever you happen to be when you access the Service. In English law, it would be unlawful for us to attempt to exclude or limit liability for personal injury or death arising from our negligence or for any loss you suffer as a result of our fraud or for any statement we make fraudulently intending you to rely on it in entering into this contract with us.
Bearing in mind always the exceptions we have mentioned in the previous paragraph, there are certain types of liability that we are permitted by law to limit or exclude and, accordingly, WE WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT OR CONSEQUENTIAL LOSS, DAMAGE OR EXPENSE (INCLUDING LOSS OF PROFITS, DATA, BUSINESS OR GOODWILL) THAT YOU MIGHT SUFFER AS A RESULT OF USING THE WEBSITE OR APP, HOWEVER THAT LOSS DAMAGE OR EXPENSE MIGHT ARISE. In case you’re wondering, that bit has to be in capitals in order to comply with the laws of certain jurisdictions, including certain states in the USA.
In addition, WE WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY FAILURE TO PERFORM OR FOR THE DELAY IN THE PERFORMANCE OF ANY OF OUR OBLIGATIONS UNDER THESE TERMS THAT IS CAUSED BY EVENTS THAT ARE BEYOND OUR REASONABLE CONTROL. This might include a failure of an internet service provider to deliver notifications or emails to you, for instance.
If we happen to make a statement that turns out to be untrue (whether orally or in writing) prior to your registration, then, unless that statement was made fraudulently by us, we will only be liable to you should that untrue statement result in us breaching these Terms. If it does not, the untrue statement has no impact on our relationship with you save insofar as it may impact on your legal rights as a consumer.
These limitations and exclusions of liability will survive the termination of your registration (which, in turn, would terminate our contract with you).
In making sure that our users are satisfied and the Website and App is working efficiently, we may review the data being transmitted by you to us. This does NOT mean, however, that we are under any duty to do this and we do not and will not assume any responsibility for this. Nevertheless, as we have indicated above, we may remove content uploaded by you if that content contravenes these Terms or you are in breach of these Terms.
You also need to be aware that viruses can be transmitted via websites, not just email. So if you want to make sure that your systems are safe from infection, you should run suitable security software because WE HEREBY EXCLUDE LIABILITY FOR ANY VIRUS INFECTION OR OTHER HARM CAUSED TO YOUR SYSTEMS THROUGH YOUR USE OF THE WEBSITE OR APP OR WHEN FOLLOWING ANY LINKS TO WEBSITES RUN BY OTHER PEOPLE.
There may come occasions where we choose not to insist on your total compliance with your obligations under these Terms or that, where you’ve breached the Terms, that we don’t make use of our rights to take action against you. This does NOT mean, however, that we are waiving those rights. We can take action against you later if we so choose, and at any time during the lifetime of your registration (or indeed, where necessary, at any time after the termination of your registration), we can return to the issue and insist upon your compliance.
If, for some reason, you need to communicate with us for contractual purposes, you can do this by email addressed to email@example.com but if you really feel the need, you can send us a letter by post, sent to our registered address (see ‘Introduction’ above).
Information that we send to you or you send to us for contractual reasons we’ll call “Notices” for the purposes of these terms. There may be times when we all need to know when such a Notice was received. To make things easy, those Notices will be deemed to be received as follows. A Notice sent by us to you via a notification sent to your account via the Website and App or an email sent by you to us or us to you, will be regarded as having been received the day AFTER it is sent, just to give everyone a reasonable chance to pick it up. If a Notice is sent in either direction by letter (probably from you to us, since we won’t know, nor will we necessarily want to know, your residential address), that Notice will be regarded as having been received (assuming that it was properly stamped and sent by first class mail) three days AFTER the day on which it was sent, or in the case of a letter sent from overseas by airmail, ten days AFTER the day on which it was sent.
It might just be that at some point in the future, a court or some other authority has cause to review these Terms and in so doing, rules that some or other part of them is invalid, unlawful or unenforceable. Obviously, that could cause a bit of a problem, certainly for us and possibly also for you. So, in the very unlikely event that something like that happens, there will be two consequences. First, everybody accepts that the rest of the Terms will remain in place between us and that the contract will survive intact with the problematic element removed. Second, the authority or court taking action may compose a replacement for the stricken terms that do as good a job as reasonably possible as the job previously done by the terms removed or, where the authority or court taking action declines to do so, you agree that we may replace those terms ourselves with something else that complies with the ruling.
In England, there is a law that gives third parties (that is, people who are not ‘party’ to a contract) certain rights to enforce terms that are intended to benefit them. This is called the Contracts (Rights of Third Parties) Act 1999. We can’t think of a situation where this might come into play, but just to be clear, any right of a third party to take action under that law is excluded. There may be other situations where third parties can take action and where we are not permitted to exclude that possibility, such third party rights remain, so you might want to bear that in mind.
This concludes these Terms and as soon as you check the ‘accept Terms’ box and submit your registration to the Website or App, you will have a binding contract with us. All that is left for us to say is that your contract with us is subject to and governed by English law. Any dispute that arises from our relationship with you or your use of the Website or App will be subject to the exclusive jurisdiction of the courts of England and Wales.