Terms of Service
These terms of service (“Terms“) apply whenever you visit the ShowUp website at showup.global (the “Website“) and/or use the ShowUp service (the “Service“).
Please read these Terms carefully. By accessing, browsing or otherwise using the Website and/or the Service, you agree to these Terms in full. If you do not agree to the Terms in full, you must not use the Website or the Service.
Whilst all of these Terms are important, we recommend that you pay special attention to the Terms entitled “No warranties” and “Limitations of Liability”.
Who are we?
The Website and the Service are made available to you by New Model Identity Limited, a company registered in England and Wales (registered no. 04105224) whose registered office is New Model Identity, Kemp House, 152-160 City Road, London EC1V 2NX. In these Terms, we use the expressions “we“, “our” and “us” to refer to New Model Identity Limited.
If you have any questions about the Website or the Service, or if you would like to contact us for any other reason, please write to us at: New Model Identity, Kemp House, 152-160 City Road, London EC1V 2NX, or e-mail us at: firstname.lastname@example.org.
- To use the Website and/or the Service, you must be aged 18 or over.
If you do not satisfy the above eligibility criteria then you must not use this Website.
If you are the parent or guardian of a child aged under 18 and believe that we may have unintentionally collected information about your child, please contact us using the details provided above.
When you use the Website or the Service you agree that:
- you will use the Website and the Service only for authorised and lawful purposes in accordance with these Terms and not in any way which is contrary to applicable local laws;
- you will not use the Website or the Service in a way that infringes the rights of anyone else or restricts or inhibits anyone else’s use and enjoyment of the Website and the Service;
- you will not post or upload any content onto the Website or the Service which is unlawful, offensive, threatening, intimidating, libellous, defamatory, violent or obscene (in particular, you must not upload Media that depicts, identifies or relates to any person other than you);
- you will not post or upload any content on to the Website or the Service which infringes any third party intellectual property rights or other third party proprietary rights existing anywhere in the world;
- you will not do (or cause to be done) anything that could disable, overburden or impair the proper working of the Website or the Service (such as by causing a denial of service attack);
- you will not access, copy, use or otherwise deal with any Website or Service content other than for your own personal use;
- you will not access, copy, use or otherwise deal with any Website or Service content using automated means (such as robots, spiders or scrapers);
- you will not access (or attempt to access) a Service account belonging to someone else, whether by soliciting (or attempting to solicit) their login details or otherwise;
- you will not modify or redistribute any Website or Service content or link to or frame the Website from any other website (unless you have our prior written consent to do so);
- you will give full credit to New Model Identity Limited in relation to any copy of, use of or other dealing with any Website or Service content; and
- you will not facilitate or encourage any breach of these Terms by any other person.
Registration and account security
The following terms also apply whenever you register an account with the Service:
- you must not let anyone else access your account or do anything else that might otherwise jeopardise the security of your account;
- you must notify us immediately if you become aware that a third party is making unauthorised use of your account;
- you must not provide false personal information when creating your account nor seek to register an account for or on behalf of anyone other than yourself;
- you must not use (or attempt to use) your account for any commercial purposes whatsoever;
- you must keep your contact information accurate and up-to-date and must notify us as soon as possible if you change any of your contact details (including, but not limited to, your name, postal and e-mail addresses and telephone numbers); and
- you must not attempt to transfer your account to anyone.
When we provide you with the Website and the Service, we reserve the following rights:
- the right to refuse any person or withdraw from any person access to the Website and the Service in accordance with applicable laws for any reason at any time;
- the right to amend or update the Website, the Service or these Terms from time to time for legal, business or operational reasons; and
- the right to remove content, materials or user accounts in our sole discretion, including content and materials which are unlawful, offensive, threatening, intimidating, libellous, defamatory, violent or obscene or which infringe third party rights, and user accounts used to propagate any such content or materials.
Closing a registered account
Intellectual property rights
As between us and you, you will at all times own all intellectual property rights existing in and to the Media that you upload to the Service for the purpose of enabling other people to identify you (such as any photograph(s) and sound and video clip(s) that you upload of yourself for identity verification purposes) (“Your IP“). By “intellectual property rights” we mean copyright, trade marks, design rights, database rights, patents and other intellectual property rights, whether or not registered rights.
You confirm that you own all right, title and interest in and to Your IP and that Your IP does not infringe the intellectual property rights or other proprietary rights of any person anywhere in the world. You grant us a worldwide, royalty-free, non-exclusive, transferable and sub-licensable licence to use and deal with Your IP for the purposes described in these Terms (including to provide the Website and the Service to help protect you against identity fraud). In addition, you waive any and all moral rights you may have in or relating to content and materials that you upload to the Service.
Other than Your IP, all intellectual property rights existing in or relating to the Website and the Service are owned or licensed by New Model Identity Limited (“Our IP“). If and to the extent that any of Our IP vests in you (whether by operation of law or otherwise), you agree to do all things that we may reasonably require to assign Our IP to us.
How to report infringing content or material
If you believe that any content on the Website or the Service infringes your or any third party intellectual property rights (or if you have any other concerns about content or material made available on the Website or the Service), then please contact us using the details provided above so that we can investigate this.
When reporting infringing content or material, please provide the following details:
- the identity and nature of the Website and/or Service content or material you believe to be infringing;
- where that content or material is located on the Website and/or the Service;
- why you believe the Website and/or Service content or material to be infringing; and
- whose rights you believe the content or material infringes.
The Service is provided to help its registered users protect one another from becoming a victim of identity theft. It is a tool to help combat global identity fraud but the means by which criminals commit identity fraud continue to evolve in new and unexpected ways. Consequently, we cannot, and do not, give any representations, warranties or conditions (collectively, “promises”) that by registering with the service you will never be a victim of identity fraud.
Whilst we use reasonable skill and care to make the website and the service available to you, we do not guarantee that they will be provided on a continuous, fault-free basis nor that they will be free from viruses or other malicious software. It is your responsibility to take precautions to protect your computer from viruses and other malicious software (for example, by installing and maintaining up-to-date anti-virus software).
Other than as expressly set out in these terms, we do not make or give any promises about the website or the service. We exclude any and all promises that are not expressly set out in these terms (including promises that would otherwise be implied by statute or common law) to the fullest extent that we are allowed to do so under applicable law.
Limitations of Liability
We are responsible only for losses that are a reasonably foreseeable consequence of our breach of these terms. If we owe any liability to you under applicable law arising out of, or in connexion with, your use of the website and/or the service, you agree that we shall be liable only for such amounts as were reasonably foreseeable at the time that you suffered harm.
We exclude any and all liability for losses that are not a reasonably foreseeable consequence of our breach of these terms (regardless of whether or not we were made aware of the possibility of such losses), including liability for consequential, special and/or indirect losses such as loss of profit, loss of data, loss of business and loss of goodwill.
We will not be liable to you if we are prevented or delayed from complying with our obligations under these terms by anything you (or anyone acting on your behalf) do or fail to do or owing to events which are beyond our reasonable control.
However, nothing in these terms shall exclude or otherwise limit our liability to you for death or personal injury caused by our negligence or for any other liability the exclusion or limitation of which is not permitted by applicable law.
Third party websites
This Website may contain links to other websites. We accept no responsibility or liability for any material supplied by or contained on any third party website which is linked from or to this Website or any use of your personal information by such third parties.
Updates to these Terms
We may amend these Terms from time to time for legal, business or other operational reasons. Please therefore check back regularly to keep informed of any changes to these Terms. We also recommend that you print and keep a copy of these Terms for your records.
Other important terms
If any of these Terms are found to be illegal, invalid or unenforceable by a court of law, the rest of these Terms shall remain in full force and effect.
Only you and we shall be entitled to enforce these Terms. No third party shall be entitled to enforce any of these Terms, whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise.
You may not assign, subcontract or otherwise transfer or dispose of any of your rights and obligations under these Terms to any third party without our consent (in our sole discretion).
We will not be liable for any breach of these Terms which is due to an event beyond our reasonable control, including failure of telecommunications or power systems, labour or supplier disputes, acts of God (such as floods, fires and storms) or otherwise.
These Terms are governed by English law. In the event of any matter or dispute arising out of or in connection with these Terms, you and we shall submit to the exclusive jurisdiction of the English courts.