Terms and Conditions

Thank you for visiting Showsightmagazine.com, which is operated by Delta Digital House, Inc.and its affiliate Aramedia Group Inc. (together “Delta Digital House” or “we” or “our”). Please carefully read these Terms and Conditions (or “Agreement”) and our Privacy Policy, which is incorporated into these Terms and Conditions by this reference.

THIS AGREEMENT GOVERNS YOUR ACCESS TO AND USE OF THE SERVICES. BY USING THE SERVICES, YOU AGREE TO THESE TERMS AND CONDITIONS, OUR PRIVACY POLICY AND ALL APPLICABLE LAWS AND REGULATIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT USE OUR WEBSITE, SUBSCRIBE TO OUR PUBLICATIONS OR PLACE ANY ORDERS FOR PRODUCTS OR ADVERTISEMENTS. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS AND CONDITIONS. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE SERVICES.

PLEASE READ THE DISPUTE RESOLUTION PROVISION BELOW BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH DELTA DIGITAL HOUSE AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.

The Services are not intended for the use of children under 18 and no such person is authorized to use them. By using the Services, you are representing that you are at least 18 years old and of legal age to enter into legal agreements.

1. Definitions

“Advertiser(s)” means a person or entity that places an order with Delta Digital House to provide advertising materials in connection with the Products or Services.

“Content” means, collectively, all text, graphics, user interfaces, visual interfaces, trademarks, logos, sounds, artwork and computer code in the Products and Services (as applicable).

“Customer” means the person or entity that enters into this Agreement and utilizes the Services and includes purchasers of Products, Online Retailers and Advertisers.

“Linked Sites” means any links from the Services to other independent third-party websites, including those of Advertisers.

“Online Retailer” means a company whose products or services are featured or described on the Website.

“Products” means items and publications that are available for purchase from our online store.

“Services”means Delta Digital House’s Website and online applications and services available through the Website, including without limitation our directories (e.g., kennels, handlers, services businesses) and promotional services (e.g., “Claim Your Dog” pages and promotional campaigns of your services or dogs).

“Submission”means any submission, user content, feedback, profile picture, photographs and videos, biographical data, testimonials, comments or suggestions you may provide regarding the Services either directly or indirectly (for example, through the use on a third-party social media site of a company-designated hashtag) and includes advertising copy from Delta Digital House’s advertisers.

The term “you” means Website visitors, Customer, and the individual accepting these Terms and Conditions on behalf of any legal entity.

“Website”means Delta Digital House’s website located at Showsightmagazine.com.

2. Proprietary Rights

2.1. As between you and Delta Digital House, Delta Digital House reserves all rights, title, and interest in and to the Products and Services, including all related intellectual property rights, subject to the limited rights expressly granted hereunder.

2.2.Unless otherwise noted, the Products, Services and Content, including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained in the Products and Services is owned, controlled or licensed by or to Delta Digital House and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights. Except as expressly provided in these Terms and Conditions, no part of the Products, Services and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without Delta Digital House’s express prior written consent.

2.3. You acknowledge and agree that any Submission is non-confidential and nonproprietary, shall be treated as public information, may be shared with others on other sites and platforms (including social media) and is submitted by you in compliance with these Terms and Conditions. Without limiting the foregoing:

• For Submissions that constitute user content submitted by you for inclusion in directories or promotional services, you represent and warrant that you have all rights, licenses and consents to submit to Delta Digital House all such user content, including without limitation, your name, biographical details, photographs and/or video that may contain images, likenesses, sounds and/or voices belonging to you (and/or any accompanying individuals, including minor children) (collectively, “Images”), and you hereby authorize Delta Digital House to reproduce, edit, display, publish, distribute, publicly perform, modify, adapt, and create derivative works of such Images on the Website, blogs, social media channels, and advertising channels (as applicable if part of your requested Services) in connection with our delivery of the Products and Services to you. You hereby release and discharge Delta Digital from any and all claims, loses, costs, liabilities, damages, and expenses you or a third party might have in connection with Delta Digital’s use of the Images in accordance with the Products and Services you request, including, but not limited to, any claims for defamation, violation of any moral or artist rights, and any right of privacy or publicity.
• Submissions that constitute feedback, comments or suggestions about the Products and Services will be the sole and exclusive property of Delta Digital House and you hereby irrevocably assign to us all of your right, title and interest in and to all such Submissions, and Delta Digital House shall have an unrestricted, irrevocable, world-wide, royalty-free right to use, communicate, reproduce, publish, display, distribute and exploit such Submissions in any manner it chooses.
• With respect to Submissions that constitute advertisement copy and materials from Advertisers, Advertiser hereby grants Delta Digital House a non-exclusive worldwide license to display the advertising material for the length of the term identified in the order. Advertiser represents and warrants that Advertiser has all necessary licenses and clearances to use and submit to Delta Digital House for posting on the Website(s) the content contained in the advertising materials as specified on the order.
• If you are an Online Retailer, you hereby grant Delta Digital House a non-exclusive worldwide license to display your website and any identifying marks associated with your products and services described on the Website(s).
• With respect to all other Submissions, you hereby grant Delta Digital House an irrevocable, worldwide and perpetual license to use such Submissions as contemplated in these Terms and Conditions.

2.4. Your provision of a Submission constitutes a warranty and indemnity that you have sufficient license and/or other rights in the content to allow all desired use by Delta Digital House and that the information is submitted to Delta Digital House in compliance with all applicable laws.

3. Terms of Purchase

3.1. All Products and Services offered by Delta Digital House are subject to availability, and we reserve the right to reject all or any part of an order without prior notice. In the event of an error, we reserve the right to correct the error and revise your order accordingly (which includes charging the correct price) or to cancel the order and refund any amount charged. Prices for Products and Services are subject to change at any time, but changes will not affect any order for Products and Services you have already placed.

3.2. By making a purchase of our Products, Services or advertisements, you agree to pay the fees associated with your purchase and any applicable taxes. You agree to pay any shipping, delivery and handling charges, if any, shown at the time you make a purchase. We reserve the right to increase, decrease, add or eliminate shipping, delivery and handling charges from time to time, but we will provide notice of the changes applicable to you before you make your purchase. Any delivery dates or times shown as part of the checkout process are estimates only and are not guaranteed.

3.3. As noted above, fees for some of our subscription plans may now or in the future be auto-renewing on a recurring basis. You hereby authorize recurring charges to the payment card that you provide to us for any recurring subscriptions. We will bill your payment card upon your initial purchase (or at the end of a free trial if applicable) and on a recurring basis at the beginning of your new renewal period. You agree that we will not be responsible for any expenses that you may incur resulting from overdrawing your bank account or exceeding your credit limit as a result of an automatic charge made under these Terms and Conditions. You are responsible for letting us know immediately if you suspect any unauthorized use of your payment card or login credentials. You may cancel a renewal of your recurring subscription at any time without contacting us. Sign in and go to the billing section of your dashboard, where the “Manage subscription” action opens our payment processor’s secure billing portal and lets you cancel in a single step. If you would rather we did it for you, you may instead send us an email to customerservice@showsightmagazine.com with your request to cancel. Cancellation takes effect at the end of the billing period you have already paid for: your subscription and everything it includes stays available to you until that date, after which the subscription does not renew and no further charge is made. Cancelling part way through a period does not generate a prorated refund of that period. See Section 4 (Refund and Cancellation Policy) for when a refund is available.

3.4. Only valid payment methods acceptable to us may be used to complete a purchase. You represent and warrant that you are authorized to use your designated payment method. You authorize us to charge your designated payment method for the total amount of your order (including any applicable taxes, fees, delivery, shipping and handling charges).

3.5. We use third party point-of-sale providers and payment processors to process payments for orders. Payments for Products and Services are processed by Aramedia Group Inc. on behalf of Delta Digital House, Inc., and Stripe, Inc. is the payment processor that handles the transaction. Charges appear on your card statement as SHOWSIGHT MAGAZINE. Delta Digital House’s relationship with such third parties is contractual in nature, as each such third party is a third-party vendor to Delta Digital House, and they are not subject to Delta Digital House’s direction or control; thus, the relationships are not, and should not be construed as, one of fiduciaries, franchisors-franchisees, agents-principals, employers-employees, partners, joint venturers or the like.

3.6. Advertisers agree to make payment upon its receipt of the invoice, or as otherwise stated in a payment schedule set forth on the order.

3.7.Should Advertiser assert that advertising materials appear not in compliance with specifications set forth in the applicable order, Advertiser’s sole and exclusive remedy is to request in writing that (a) in connection with digital advertising, Delta Digital House remove the advertising materials and provide makegoods or, if no makegood can be agreed upon, issue a credit to Advertiser equal to the value of such advertisements, or, if applicable, not bill any agency for such advertisements; and (b) in connection with print advertising, provide makegoods or, if no makegood can be agreed upon, issue a credit to Advertiser equal to the value of such advertisements. Notwithstanding the foregoing, Advertiser acknowledges and agrees that Advertiser (or any agency acting on its behalf) will not be entitled to any remedy for any violation of specifications in the order resulting from advertisements placed at locations other than the Products and Services.

3.8. Except as expressly set forth in these Terms and Conditions, including Section 4 below, all fees are non-cancelable and non-refundable.

4. Refund and Cancellation Policy

This Section 4 explains when you can cancel something you bought from Delta Digital House on the Website, what happens to your money when you do, and how to reach us. It applies to every product sold through our checkout. Nothing herein limits any right you have under the consumer protection law of the state you live in.

Deliveries and delivery problems are covered separately in Section 5 below.

4.1. In Short

• Fees are non-refundable once charged.That is true of everything we sell: directory listings, “Claim Your Dog” pages, the print magazine subscription, single print issues, and advertising.
• Subscriptions are cancellable at any time, by you, in one step. Sign in, open the billing section of your dashboard, and cancel there.
• Cancelling ends the renewal, not your access. You keep everything the subscription includes until the end of the period you already paid for. We do not prorate or refund the unused part of a period.
• The free trial is how you decide. Directory listings and dog claims include a 30-day free trial and nothing is charged while it runs, so cancel before it ends and you pay nothing at all.
• Incorrect charges. Please let us know if you believe that we have charged you in error. We will refund any incorrect charges.
• A print issue that arrives damaged, or never arrives. We will send you a replacement copy under Section 5, and refunded if it never arrived and no replacement copy exists.
• Where we do refund, the money goes back to the original payment method. If your bank cannot route it there, tell us and we will work out another way to get you your money.

4.2. Cancelling a Subscription

Directory listings, dog claims and the print magazine subscription all renew automatically until you cancel them. You can cancel any of them yourself at any time:

• Sign in to your account.
• Go to the billing section of your dashboard and choose “Manage subscription”. This opens the secure billing portal operated by Stripe, our payment processor.
• Choose to cancel the subscription.

If you would rather we cancelled it for you, send an email to us at customerservice@showsightmagazine.com from the address on your account and tell us what to cancel. We will action it and confirm by email.

What cancelling does. Your subscription is set to end at the close of the period you have already paid for. Until that date nothing changes: a directory listing stays published, a claimed dog profile stays claimed, and a magazine subscription keeps delivering the issues in that period. After that date the subscription does not renew and your card is not charged again. Because you keep the full period you paid for, cancelling part way through a month or a year does not produce a prorated refund of that period.

4.3. Free Trials

Every directory listing tier and both dog claim plans include a 30 day free trial. We collect a payment method when you sign up, but nothing is charged during the trial. When the trial ends, the subscription starts automatically and your card is charged the plan price, then again at each renewal.

Cancel at any point during the trial and you are never charged. Cancel it the same way you cancel any subscription, in the billing section of your dashboard. Your trial access continues to the end of the trial period.

4.4. What Is and Is Not Refundable

(a) Directory Listings and “Claim Your Dog” Pages. These are digital subscriptions, available to you the moment they start. The 30-day free trial is how you evaluate them. Subscription fees, including every renewal, are not refundable once charged.

What you can always do is stop the next one. Cancel in your dashboard and the subscription runs to the end of the period you paid for and then stops. Your listing or claim stays live for the whole of the period you paid for.

(b) Print Magazine Subscription. The magazine subscription is billed once a year, includes shipping to the United States and Canada, and is not refundable once charged.

• Cancelling ends the automatic renewal. You still receive every issue covered by the period you paid for, and no prorated refund of the period is due.
• Issues that arrive damaged or never arrive are replaced under Section 5.6. That is a replacement copy rather than a refund, and it is separate from cancelling the subscription.

(c) Single Print Issues. Individual back issues and single copies are one-off orders that we pick, pack and mail, and they are not refundable once ordered.

• Before it ships: email us as soon as you can. If we reach the order before it goes to the carrier we will cancel it and refund it in full.
• If we cannot supply the issue, because it turns out to be out of stock, we will email you and either hold the order until it is back or cancel and refund it, whichever you prefer. If a copy was mailed, never arrived, and cannot be replaced because the issue has sold out, we will issue a refund.
• Damaged, defective or missing on arrival: tell us within the window set out in Section 5.6 and we will send a replacement copy at no charge. Please include a photograph of the damage where there is any, because it helps us make a claim with the carrier and speeds up your replacement.
• Change of mind after delivery: print issues are not returnable and not refundable once delivered, because a returned magazine cannot be resold. If something about the copy you received is not right, contact us and we will look at it.

(d) Magazine Advertising. An advertising insertion order is a one-off purchase of space in a specific print or digital issue. After payment you are asked to submit your artwork, photographs and design brief, and that submission is what starts production of your ad.

• An insertion order is non-refundable from payment. Booking it reserves your space in a named issue and takes that space off the market, so what you bought exists from the moment you pay. That remains true once we have received your materials and production begins, and once the issue has gone to press or the digital placement is live.
• If we get your ad wrong, meaning it did not run as specified in your order, Section 3.7 above sets out your remedy: we remove the advertising materials and provide a makegood, or issue a credit equal to the value of the advertisement. That is your sole and exclusive remedy for an advertisement that did not run as ordered.

4.5. Incorrect Charges

Please contact us if you believe we have charged you in error, including:

• a duplicate charge for the same thing;
• a charge at the wrong amount;
• a charge on a subscription after your cancellation had already taken effect;
• and a charge for something that was not delivered.

We will refund all erroneous charges. Refunds are returned to the payment method used for the original purchase. If that card has expired or been closed, your bank will normally still route the refund to its replacement. If it cannot, contact your bank first, then tell us and we will work out another way to get you your refund. Once we have sent a refund, how quickly it appears on your statement is dependent on your card issuer.

4.6. How to Reach Us About a Charge

Email customerservice@showsightmagazine.com from the email address on your account and tell us:

• what you bought and when;
• the order or invoice reference if you have it, or the last four digits of the card; and
• what went wrong, plus a photograph if the problem is a damaged print copy.

You do not need to cancel a subscription before writing to us, and you do not need to call anyone.

4.7. Chargebacks

If something looks wrong on your statement, please contact us before you dispute the charge with your bank. A chargeback takes weeks and locks the payment while it runs; an email to us is faster and usually settles it. We will always tell you what a charge was for.

5. Shipping and Delivery Policy

This Section 5 covers the physical goods Delta Digital House, Inc. sells on Showsightmagazine.com: print subscriptions to Showsight magazine, and one-off orders for individual print issues. Refunds and cancellations are covered in Section 4 above.

5.1. Where We Ship

We currently ship to addresses in the United States and Canada. In the United States that includes all 50 states, the District of Columbia, and United States territories. In Canada that includes every province and territory.

Our checkout will only accept a United States or Canadian shipping address, so an order to any other country cannot be completed. If you are outside the United States and Canada and want to read Showsight magazine, the digital editions on this website are available to you with no shipping involved. If you would like us to ship internationally, email customerservice@showsightmagazine.com with your request.

5.2. Shipping Costs

Shipping is free on everything we mail, to the United States and Canada alike. It is included in the price of the print magazine subscription and in the price of a single print issue, and a Canadian address pays the same price as a domestic one. There is no separate delivery charge at checkout, and none is added afterwards. The total you pay is shown at checkout before you confirm.

5.3. When Your Order Ships

Single print issues are packed and handed to the carrier as quickly as we can after your order, subject to stock. If an issue you ordered turns out to be out of stock, we will email you and either hold the order until it is back or cancel and refund it, whichever you prefer.

Subscription issues are mailed with the print run of each issue rather than on the date you subscribed. We publish 12 issues of Showsight magazine per year, and your first issue mails within 5 weeks of your subscription starting, then takes as long to reach you as any other package (Section 5.4). Every issue after that goes out with its own print run. If more than 5 weeks have passed since you subscribed and nothing has arrived, contact us, because something has gone wrong and we want to fix it.

5.4. How Long Delivery Takes

Once a package leaves us, delivery within the United States normally takes 5 to 10 business days. Deliveries to Alaska, Hawaii, United States territories and military addresses can take longer, and periodicals mail is slower over the holidays and during severe weather.

Deliveries to Canada take longer than deliveries within the United States. A parcel leaves our carrier at the border and is handed to a Canadian one for the rest of the journey, which adds time we do not control. We are not going to quote you a number of days for it, because we do not have one we would stand behind. If a Canadian order is taking long enough that you are wondering about it, email customerservice@showsightmagazine.com and we will look it up.

These are estimates from the carrier, not guarantees, and the same is true of any delivery date shown during checkout. We cannot control what happens to a package after we hand it over, but we are still responsible for making it right, which is what Section 5.6 is about.

5.5. Address Accuracy and Changes

Please check your shipping address before you pay. We ship to the address you give us, and a package sent to a wrong or incomplete address is usually returned to us weeks later, or not at all.

To change the address on an order, or the mailing address on a subscription, email customerservice@showsightmagazine.com as soon as you can. For a single issue we can normally change it if the order has not yet shipped. For a subscription, tell us as early in the cycle as you can, because mailing lists are handed to the printer ahead of each print run and a late change may not catch the next issue.

If a subscription becomes undeliverable, because a package comes back to us or the address we hold has stopped working, send us a corrected mailing address or email address. We need that correction within one year. If a year passes without one, no further obligation exists on that subscription.

5.6. Damaged, Lost or Missing Issues

• Damaged on arrival: email customerservice@showsightmagazine.com within 30 days of delivery with a photograph of the damage. We will send a replacement copy at no charge.
• Never arrived: tell us within 30 days of the date we shipped it, or, for a subscription issue, within 30 days of the date that issue reached other subscribers. We will send a replacement copy at no charge.
• If an issue that never arrived cannot be replaced, because it has sold out, we will refund it: the order for a single issue, or the value of the missed issue on a subscription. A replacement copy is what we send whenever one exists, and this is the fallback for when none does. It is not a general right to a refund. It is the non-supply case in Section 4, which this document is consistent on: you paid for a copy you never received and can no longer receive.
• Wrong item: if you received an issue you did not order, tell us and we will send the right one. You do not need to send the wrong one back.

Please include your order reference or the email address on your account, and tell us which issue it was. A photograph helps us claim against the carrier, but we are not going to argue with you about a bent magazine.

6. Use of Services; Acceptable Use Policy

6.1. You agree to immediately notify us of any breach of security that you become aware of involving or relating to your use of the Services by emailing customerservice@showsightmagazine.com. In addition, you agree to keep confidential any username(s) and password(s) associated with accounts created with us and our point-of-sale or payment processors, and to exit from your user account at the end of each session. You may not use anyone else’s account at any time. Delta Digital House explicitly disclaims liability for any and all losses and damages arising from your failure to comply with this section.

6.2. Customer represents and warrants that its use of the Services will comply with all applicable federal, state, and local laws and regulations.

6.3. In connection with your use of the Services, you agree that you will not:

• 6.3.1. interfere with or damage the Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
• 6.3.2. violate any local, state, provincial, national, or other law or regulation, or any order of a court;
• 6.3.3.“scrape,” “crawl” or “spider” any web pages or other services contained in the Services;
• 6.3.4.display, mirror or frame the Services, or any individual element within the Services, Delta Digital House’s name, any Delta Digital House trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Delta Digital House’s express written consent;
• 6.3.5.post, upload, publish, submit or transmit any material that: (a) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (b) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (c) is fraudulent, false, misleading or deceptive; (d) is defamatory, obscene, pornographic, vulgar or offensive; (e) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (f) is violent or threatening or promotes violence or actions that are threatening to any other person; or (g) promotes illegal or harmful activities or substances;
• 6.3.6.access, tamper with, or use non-public areas of the Services, Delta Digital House’s computer systems, or the technical delivery systems of Delta Digital House’s providers;
• 6.3.7. attempt to probe, scan, or test the vulnerability of any Delta Digital House system or network or breach any security or authentication measures;
• 6.3.8.avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Delta Digital House or any of Delta Digital House’s providers or any other third party (including another user) to protect the Services or any of the content on the Services;
• 6.3.9. attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services;
• 6.3.10. use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise; or
• 6.3.11. advocate, encourage, or assist any third party in doing any of the foregoing.

6.4. Any conduct that in our discretion restricts or inhibits any other user from using or enjoying the Services is expressly prohibited.

6.5. Delta Digital House reserves the right, at any time, without notice: (a) to modify, suspend or terminate operation of or access to the Services, or any portion of the Services at any time; (b) to modify or change the Services, or any portion of the Services, and any applicable policies or terms; and (c) to interrupt the operation of the Services, or any portion of the Services, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

6.6. Delta Digital House may, but is not obligated to, monitor, moderate, restrict, remove, or edit user content on the Website. Delta Digital House does not endorse and is not responsible for user content. Your interactions with other users or their user content are at your own risk.

6.7.Delta Digital House reserves the right within its discretion to reject or remove from the Website(s) any user content, advertising materials, software code associated with the advertising materials (e.g. pixels, tags, JavaScript), or the website to which the advertisement is linked, that do not comply with these Terms and Conditions, or that in Delta Digital House’s sole reasonable judgment, do not comply with any applicable law, regulation, or other judicial or administrative order. In addition, Delta Digital House reserves the right within its discretion to reject or remove from the Website any user content or advertising materials or the website to which the advertisement is linked are, or may tend to bring, loss of goodwill, disparagement, ridicule, or scorn upon Delta Digital House or any of its affiliates.

6.8. Advertisers and Online Retailers agree that any personally identifiable information obtained through user clicks on advertisements or other hyperlinked material shall be used by Advertiser and Online Retailer in compliance with all applicable laws, rules and regulations and consistent with its posted privacy policies.

7. Copyright Policy

We do not permit copyright infringing activities and infringement of intellectual property rights on the Services and will remove any such content if properly notified that such content infringes another’s intellectual property rights. If you are a copyright owner or an agent thereof and believe that any content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;
• description of the copyrighted work that you claim has been infringed;
• description of the material that you claim is infringing and where it is located on the Services;
• identification of the URL or other specific location on the Services where the material that you claim is infringing is located;
• your address, telephone number, and email address;
• statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

You can contact our Copyright Agent via email at customerservice@showsightmagazine.comwith “DMCA Notice” in the subject line.

Upon receipt of such notice, we will investigate and remove material if necessary. You will be notified of the results of such investigation.

8. Term; Suspension; Termination

8.1. Delta Digital House may, in its sole discretion, without prior notice and to the extent applicable, suspend or terminate your access to the Services and/or block your future access to the Services if we determine that you have violated these Terms and Conditions or other agreements or guidelines which may be associated with your use of the Services. You also agree that any violation by you of these Terms and Conditions will cause irreparable harm to Delta Digital House for which monetary damages would be inadequate, and you consent to Delta Digital House obtaining any injunctive or equitable relief that Delta Digital House deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Delta Digital House may have at law or in equity.

8.2. With respect to any termination or cancellation of this Agreement, you shall remain responsible for any fees, costs or expenses incurred prior to termination of this Agreement. Additionally, you shall be responsible for, and you agree to pay, any legal fees, court costs or expenses associated with enforcing the terms of this Agreement, whether upon termination or otherwise.

8.3. The provisions of this Agreement concerning prohibited activities, copyrights, trademarks, Submissions, proprietary rights, disclaimers, limitation of liability, resolution of disputes, indemnity and jurisdictional issues shall survive any such termination or any other termination of this Agreement.

9. Disclaimers; Limitation of Liability

9.1.THE PRODUCTS AND SERVICES AND CONTENT OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS, AS AVAILABLE.” ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXCLUDED TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW.

9.2. The above disclaimer applies to any damages, liability or injuries, whether for breach of contract, tort, negligence or any other cause of action.

9.3.EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT OR OTHERWISE, WILL DELTA DIGITAL HOUSE, ITS SUBSIDIARIES, PARENT CORPORATION AND AFFILIATES, AND ALL OF THEIR RESPECTIVE OFFICERS, DIRECTORS, OWNERS, EMPLOYEES, AGENTS, ATTORNEYS, LICENSORS, REPRESENTATIVES, LICENSEES, AND SUPPLIERS (COLLECTIVELY, THE “DELTA DIGITAL HOUSE PARTIES”) BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGES, EVEN IF THE DELTA DIGITAL HOUSE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE DELTA DIGITAL HOUSE PARTIES’ LIABILITY TO YOU FOR ANY DAMAGES (DIRECT OR OTHERWISE) OR PENALTIES OR LOSS, REGARDLESS OF THE FORM OF ACTION OR CLAIM, EXCEED THE TOTAL FEES THAT DELTA DIGITAL HOUSE ACTUALLY RECEIVED FROM YOU UNDER THESE TERMS AND CONDITIONS IN THE 6 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM.

9.4. BY USING THE SERVICES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED. ACCORDINGLY, YOU AGREE TO WAIVE THE BENEFIT OF ANY LAW, INCLUDING, TO THE EXTENT APPLICABLE, CALIFORNIA CIVIL CODE SECTION 1542, THAT OTHERWISE MIGHT LIMIT YOUR WAIVER OF SUCH CLAIMS.

9.5. THE LIMITATIONS AND EXCLUSIONS SET FORTH IN THE FOREGOING SECTIONS APPLY REGARDLESS OF WHETHER THE LIABILITY IS BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF WARRANTIES, OR ANY OTHER LEGAL THEORY, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

9.6. Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so these limitations may not apply to you.

10. Indemnity

Delta Digital House, its subsidiaries, parent corporation and affiliates, and all of their respective officers, directors, owners, employees, agents, attorneys, licensors, representatives, licensees, and suppliers are referred to collectively in this Section 10 as the “Delta Digital House Parties”.

You agree to indemnify and hold the Delta Digital House Parties harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees) (collectively, “Losses”), made against or incurred by Delta Digital House due to or arising out of or in connection with: (a) your access to or use of the Services; (b) your violation of this Agreement or any applicable law or regulation; (c) your violation of any rights of any third party; or (d) any disputes or issues between you and any third party. In addition: (i) Advertisers agree to indemnify and hold the Delta Digital House Parties harmless from all Losses made against or incurred by the Delta Digital House Parties due to or arising out of or in connection with any advertising content and any of the products and services of such Advertisers; and (ii) Online Retailers agree to indemnify and hold the Delta Digital House Parties harmless from all Losses made against or incurred by the Delta Digital House Parties due to or arising out of or in connection with any of the products and services of such Online Retailers.

11. Text Messaging

Delta Digital House may now or in the future offer mobile messaging, where, if you opt-in, you agree to these Terms and Conditions and to receive text messages from us. Participation in mobile messaging is optional and not a condition of purchase. The messages we send to you may include marketing messages and service-related communications. Messaging frequency may vary. You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.

Regardless of the opt-in method you utilize to participate in mobile messaging, you agree that these Terms and Conditions apply to your participation in mobile messaging. By participating in mobile messaging, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply. Please consult your mobile service carrier’s pricing plan to determine the charges for browsing data and sending and receiving mobile messages. Under no circumstances will we be responsible for any messaging or wireless charges incurred by you or by a person that has access to your wireless device or telephone number.

SMS/MMS Mobile Messaging Opt-Out: If you do not wish to continue to receive mobile messages, please reply STOP to any mobile message from us in order to opt out. You may receive an additional mobile message confirming your decision to opt out.

12. Governing Law

You agree that all matters relating to your access to or use of the Services, including all disputes, will be governed by the laws of the State of Texas excluding: (a) its conflicts of law principles; and (b) the United Nations Convention on Contracts for the International Sale of Goods.

13. Dispute Resolution

PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH DELTA DIGITAL HOUSE AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.

Binding Arbitration.You agree that to the fullest extent permitted by law all disputes, claims, suits, or controversies arising out of or in any way connected with these Terms and Conditions and the use of the Services (collectively, “Disputes”), shall be finally settled by binding arbitration administered by the American Arbitration Association (“AAA”) under the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the AAA, as modified by these Terms and Conditions. There shall be one (or if either party so requests, then by a panel of three arbitrators) appointed in accordance with the Rules, and you waive your rights to have any and all Disputes resolved in a court; provided, however, that this agreement to arbitrate does not extend to Disputes in which either party seeks (i) injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, (ii) the right to pursue enforcement actions through applicable U.S. federal, state, or local agencies where such actions are available, or (iii) injunctive relief in a U.S. court of law. The language of the arbitration shall be English. The arbitration proceedings and decision of the arbitrator(s) shall be kept confidential (and may not be disclosed) by the parties or the arbitrator(s), except to the extent necessary to compel any award made by the arbitrator(s).

No Class Arbitrations, Class Actions or Representative Actions. Any Dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. There will be no class arbitration or arbitration in which an individual attempts to resolve a Dispute as a representative of another individual or group of individuals. Further, a Dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.

Location. The location of the arbitration shall be in Georgetown, Texas.

Authority of Arbitrator(s).As limited by the AAA Rules and these Terms, the arbitrator(s) will have (i) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Dispute, including the determination of whether a Dispute is arbitrable, and (ii) the authority to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator(s) do not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms, or to award punitive damages or any other damages that are not compensatory. The arbitrator(s) may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.

Jurisdiction. To the extent that any lawsuit or court proceeding is permitted under these Terms and Conditions, to the fullest extent permitted by law you agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located in Georgetown, Texas for the purpose of litigating all such disputes. You also waive your rights to a jury trial.

Time Limit for Claims. Any claim under these Terms and Conditions must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. You agree to the admissibility of computer records and electronic evidence in any dispute herein.

Severability of Dispute Resolution; Arbitration. In the event the provisions in this Dispute Resolution Section are held invalid or unenforceable, then this Dispute Resolution Section, in its entirety, will cease to apply, and the parties will not be obligated to arbitrate any Disputes.

14. Users Outside of the United States

14.1. While the Services are accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Services are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. If you choose to access the Services from outside the United States, you do so on your own initiative, and you are solely responsible for complying with applicable local laws.

14.2. Canada.The parties declare that they have required that these Terms and Conditions and all documents related hereto, either present or future, be drawn up in the English language only. Les parties déclarent par les présentes qu’elles exigent que cette entente et tous les documents y afferents, soit pour le present ou le future, soient rédigés en langue anglaise seulement.

15. Promotions

From time to time, Delta Digital House may offer a sweepstakes or give away promotions (“Promotion(s)”). Each Promotion shall have its own specific rules (“Official Rules”), which you should review before entering. NO PURCHASE will be necessary to enter a Promotion or to win, and the odds of winning will depend on the number of entrants, unless otherwise stated in the Official Rules. All Promotions are void where prohibited and as indicated in the Official Rules.

16. Miscellaneous

16.1.The Services may contain Linked Sites, including those of Advertisers and Online Retailers, which are provided solely as a convenience to our users. Such Linked Sites are not under Delta Digital House’s control and Delta Digital House is not responsible for and does not endorse the content of such Linked Sites, including any information, products, services or materials contained on such Linked Sites.

16.2. You may preserve these Terms and Conditions in written form by printing it for your records, and you waive any other requirement that these Terms and Conditions be evidenced by a written document.

16.3. All provisions of these Terms and Conditions are severable, and the unenforceability or invalidity of any of the provisions will not affect the enforceability or validity of the remaining provisions. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect.

16.4. These Terms and Conditions, together with the Privacy Policy and any other legal notices published by Delta Digital House or agreements you and Delta Digital House enter into in connection with the Services, constitute the entire agreement between you and Delta Digital House with regard to your use of the Services. Delta Digital House reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms and Conditions, at any time upon notice to you. Your continued use of the Services following the posting of changes indicates your agreement to and acceptance of the changes. If you do not agree with the modified terms, you may cancel your subscription and cease your interactions with the Services. We last modified this Agreement on the date listed at the top of these Terms and Conditions.

16.5.Delta Digital House’s failure to insist on or enforce strict performance of these Terms and Conditions shall not be deemed a waiver by Delta Digital House of any provision or any right it has to enforce these Terms and Conditions. Any such waiver must be in writing in order to be effective. Except as expressly set forth herein, these Terms and Conditions shall not be interpreted or construed to confer any rights or remedies on any third parties.

16.6. This Agreement is binding on the parties hereto and their respective successors and permitted assigns. You may not assign this Agreement without the prior written consent of Delta Digital House. Any assignment in violation of this section is void.

16.7.Delta Digital House’s failure to perform any term or condition of this Agreement as a result of conditions beyond its control, including but not limited to, acts of God, war, strikes, fires, floods, governmental restrictions, power failures, pandemics or damage or destruction of any network facilities or servers, shall not be deemed a breach of this Agreement.

16.8. No text or information set forth on any other purchase order, preprinted form or document shall add to or vary the terms and conditions of this Agreement.

16.9. The parties are independent contractors. No joint venture, partnership, employment, or agency relationship exists between Customer and Delta Digital House as a result of this Agreement or use of the Services.

Questions and Contact Information

Please contact us if you have any questions about these Terms and Conditions by emailing customerservice@showsightmagazine.com, or by writing to us at the address below.