Terms of Service & Privacy Policy

Updated: September 7, 2016

Thanks for using ShowDrive!

ShowDrive is a service provided by Really Simple Software, Inc. (RSS). By using ShowDrive, accessing the ShowDrive web sites, apps, or APIs (the Service), you agree to be bound by the following Terms. Please read them carefully.

The Service

The Service and related technologies, including those components that are deployed by third-parties to enable consumer electronics devices to communicate with the Service, are protected by copyright and trademark, as well as other US and foreign laws. If we make any software available to you in connection with the Service, that software is licensed, not sold. Your use of such software is governed by the terms of the license agreement that accompanies or is included with it, and you may use the software only in accordance with the license agreement and only as long as you are an active user of the Service. These Terms don’t grant you any title, right or interest in the technologies, services, brands, or trademarks of RSS. Also, you may not interfere with the Service or access it in any way that has not been made directly available to you by RSS

Your Account

In order to use the Service, you will need a ShowDrive Account. When you set up your Account, we will ask you for your name, email address, and billing information. For more information about how we use your personal information, see the section Privacy Policy below.

By creating an Account, you understand that RSS may send you information via email regarding the Service, including, but not limited to, notices about your use of the Service, updates to the Service, and promotional information regarding our products. You may opt-out of receiving email from us by following the opt-out instructions provided in these messages.

You are responsible for maintaining the confidentiality of your Account password and for all activity that occurs on your account. Content that you elect to store on the Service is for your personal use only. You may not rent, sell or otherwise make this content publicly available.

You agree to notify us immediately of any unauthorized use of your Account or any other breach of security. We will not be liable for any loss you incur as a result of someone else using your password and Account with, or without, your permission.

Plans

When setting up an Account, you will choose a paid subscription Plan. Plans vary by region. We offer two plan tiers - Basic and Deluxe - which offer different amounts of storage space for TV recordings at different price points. In addition, the Basic Plan retains each TV recording for up to 30 days while the Deluxe Plan retains recordings for up to a year.

With the exception of cases when we offer a free introductory trial, we will charge you for your Plan on a recurring basis. Depending on your Plan, charges may be monthly or annual. You are responsible for all applicable taxes, and we will charge tax when it is appropriate to do so. As long as your Account is in good standing, and subject to the terms of this agreement, you will have access to the recorded content that you store on the Service.

In some cases, we will offer TV program metadata to customers who sign up for a ShowDrive Trial. For those users who elect not to continue with a ShowDrive Plan, their metadata will be active for a period of one year from the time that the trial began. Users who wish to continue to access program metadata will be required to sign up for a ShowDrive Plan.

Termination

You may stop using the Service and cancel your Plan at any time. However, there are no refunds. Canceling a Plan means that we will no longer charge you on a recurring basis. You will continue to have access to your Account until your billing cycle expires. The Service is provided for personal use only and we reserve the right to suspend or end your access to the Service at any time, at our discretion, and without notice. For example, if you breach any of these Terms.

No Warranty, As Is

THE SERVICE IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. RSS MAKES NO EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FURTHER, RSS DOESN’T REPRESENT OR WARRANT THAT THE SERVICE WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE, OR ERROR-FREE. YOU ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICE REMAINS WITH YOU TO THE MAXIMUM EXTENT PERMITTED BY LAW. AS SOME JURISDICTIONS DO NOT ALLOW SOME OF THE EXCLUSIONS SET FORTH IN THIS SECTION, SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Limitation of Liability

IN NO EVENT SHALL RSS, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR SUPPLIERS, BE LIABLE WHETHER IN CONTRACT, WARRANTY, TORT, PRODUCT LIABILITY OR STRICT LIABILITY OR ANY OTHER THEORY, FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR LOSS OF USE, DATA, OR BUSINESS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF RSS AND ITS SUPPLIERS AND DISTRIBUTORS FOR ALL CLAIMS RELATING TO THE SERVICE SHALL BE LIMITED TO THE AMOUNT PAID BY YOU TO USE THE SERVICE.

Arbitration

Any controversy or claim arising out of, or relating to, these Terms or the Service shall be settled by confidential binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association, except that, to the extent you have in any manner violated or threatened to violate any intellectual property rights, RSS may seek injunctive or other appropriate relief in any state or federal court in the State of California, and you consent to exclusive jurisdiction and venue in such courts.

Any arbitration shall be arbitrated on an individual basis, and to the fullest extent permitted by applicable law shall not be consolidated in any arbitration with any claim or controversy of any other party, whether through class arbitration proceedings or otherwise. The arbitration shall be conducted in San Francisco, California and judgment on the arbitration award may be entered into in any court of competent jurisdiction.

By agreeing to these Terms, you consent to personal jurisdiction and venue in the state and federal courts in California with respect to all such disputes. You further agree not to bring claims on a representative, class member basis, or as a private attorney general, and agree not to assert any claims against RSS unless such claims are asserted by you in the forum required by these Terms no later than one year following the date that your claim or cause of action arose. Because some jurisdictions do not permit certain choice of law, jurisdiction, arbitration, venue, waiver and similar terms, these requirements may not apply to you.

Reservation of Rights; Modification

RSS reserves all rights not expressly granted in these Terms. RSS may modify these Terms at any time by providing such revised Terms to you or posting the revised Terms on an RSS Web Site. Your continued use of the Service shall constitute your agreement to be bound by the terms and conditions of such revised Terms.

Severability

Should any term or provision of these Terms be deemed invalid, void or unenforceable either in its entirety or in a particular application, the remainder of these Terms shall remain in full force and effect.

Waiver; Assignment

The failure of RSS at any time to require performance of any provision of these Terms shall in no manner affect RSS’s right at a later time to enforce the same unless the same is waived in writing. RSS may assign its rights regarding the Service to any of its affiliates or subsidiaries, or to any successor in interest.

DMCA Policy

RSS respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act of 1998, RSS will respond expeditiously to claims of copyright infringement committed using the Service if such claims are reported to RSS’s Designated Copyright Agent identified in the sample notice below.

If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Service by completing the following DMCA Notice of Alleged Infringement and delivering it to RSS’s Designated Copyright Agent. Upon receipt of Notice as described below, RSS will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Service.

DMCA Notice of Alleged Infringement (“Notice”)
  1. Identify the copyrighted work that you claim has been infringed, or - if multiple copyrighted works are covered by this Notice - you may provide a representative list of the copyrighted works that you claim have been infringed.
  2. Identify the material or link you claim is infringing (or the subject of infringing activity) and to which access is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Service or the exact location where such material may be found.
  3. Provide your company affiliation (if applicable), mailing address, telephone number, and, if available, email address.
  4. Include both of the following statements in the body of the Notice:
    • “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
    • “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of, the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
  5. Provide your full legal name and your electronic or physical signature.
Deliver this Notice, with all items completed, to RSS’s Designated Copyright Agent:

Copyright Agent
RSS Inc.
1550 G. Tiburon Blvd. #337
Tiburon, CA 94920
copyright@reallysimplesoftware.com

Governing Law

All legal issues arising from or related to these Terms or the Service shall be construed in accordance with, and all questions with respect thereto shall be determined by, the laws of the State of California.

Privacy Policy

Data We Collect and Cookies

In order for you to use the Service, and for us to deliver a good experience, we need to collect information about you and how you use the Service. When you set up an Account, you provide to us, and we store, personal information such as your name, email address, payment information, and postal code. When you use the Service, you interact with it in a way that provides us information about how you use it.

Through your use of consumer electronics devices that connect to the Service, and with your instruction, we store and process media that you’ve captured on your device using the Service and make that content available to you for your personal consumption.

We may capture log data about the devices you are using, including browser type, IP address, location, unique identifiers, data and time stamps, and other meta data made available by your device.

In order to improve the usability of the Service, we use Cookies (small text files that are transferred to your device, to collect information and improve the use and operation of the Service). For example, if you elect for the Service to remember you, you can log into your Account without having to retype your email and password.

How we use your Data

Your personal information may be used to contact you, improve the Service, or personalize the Service for you. The media you, or devices you control, upload to the Service is accessible only by you.

Your data may be used by RSS to improve the Service. We don’t sell your personally identifiable information or data to third parties or advertisers..

If we are involved in a merger, acquisition, or sale of our assets, your information may be included as part of that deal. If this is the case, we will notify you and make you aware of your options.

If you are a minor, you can use the Service only in conjunction with your parents or guardians. We do not target children as an audience or a market, and RSS does not collect information about the age of its web site users. If we learn that we have inadvertently collected personally identifiable information from a child, we will make all reasonable efforts to delete that data from our records.

Entire Agreement

These Terms constitute the entire agreement between you and RSS with respect to the subject matter of these Terms and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. These Terms create no third party beneficiary rights.

Acknowledgement, Modifications

These Terms may be changed at any time, with or without notice to you. Please check back periodically for any amendments or changes.

By continuing to use the Service, you expressly acknowledge that you have read these Terms and understand the rights, obligations, and conditions set forth herein.

Giving Credit

In addition to the graphical elements we’ve custom-designed, we’ve also used some great iconography from the Noun Project. Here are a few of the people who we’d like to give a shout out to: wifi by NAS, Subtitles by Vicons Design, Theater by Артур Абт, Check by useiconic.com, Calendar by Austin Condiff, Cloud by Pieter J. Smits, Alert by Nice and Serious, Warning by Lorena Salagre, Stopwatch by Scott Lewis, Cancel by Tahsin Tahil, Settings by Joe Mortell, Lock by Jason Almeida and Upload by Rodolfo Alvarez, Dog by celine labaume, Family and Big Family by Marie Van den Broeck, Antenna by Benjamin Brandt, and Check Mark By Mateo Zlatar.

Program Information

Some video information, imagery and EPG (Electronic Program Guide) data available through the Service is provided by Gracenote Inc. Portions of this content are copyright © of Gracenote or its providers. The End User License Agreement for the Gracenote information is provided below:

Gracenote® End User License Agreement

The use of the video program information data transmission service and related data ("Data") that is made available as part of the Service (the "Service") provided by Gracenote, Inc. of Emeryville, California ("Gracenote") and is provided solely in accordance with the terms and conditions set out in this End User License Agreement ("EULA").

BY USING THE SERVICE YOU ACCEPT THIS EULA SET OUT BELOW. IN SO FAR AS YOU DO NOT ACCEPT THIS EULA YOU ARE NOT PERMITTED TO USE THE SERVICE.

Gracenote reserves the right to block or suspend access to the Service or to the Data, in case you are in breach of this EULA or any part of it.

  1. Description of the Service

    1. Gracenote makes the Service available to you on this end user device ("End User Device") purchased by you.
    2. The Service consists of the aggregation, arrangement and the delivery of the Data, in particular in the form of texts and images. The reception and the display of the Data on this End User Device are not part of the Service and falls solely within the responsibility and liability of the manufacturer of this End User Device.
  2. Operation of the Service

    1. Gracenote endeavors to enable you to use the Data. Gracenote further endeavors to take care that the contents of the Data made available to you are up-to-date, complete and accurate. However, Gracenote cannot give any warranty and you do not have any claim against Gracenote in this respect. If the Data cannot be used or is not up-to-date, complete and/or accurate, this does not constitute a defect of the Service and therefore does not entitle you to assert any claim against Gracenote. GRACENOTE DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. GRACENOTE DOES NOT WARRANT THE RESULTS THAT WILL BE OBTAINED BY YOUR USE OF THE SERVICE.
    2. Gracenote is not responsible for the proper setup, connection or (if applicable) equipment of this End User Device so that the Service can be received. This lies within your sole responsibility.
    3. Gracenote may amend or remove Data with or without advance notice and may block or modify access to Data or the Service. You do not have any claim against Gracenote arising out of such change, removal, blocking or modification.
    4. PLEASE NOTE that in order to use the Data, specific technical prerequisites, such as this End User Device, software programs, methods of transfer, telecommunication services and other third party services, usually need to be used, for which additional cost, in particular connection charges, can be incurred, which you will have to pay for separately. Gracenote does not provide such End User Devices, software programs, methods of transfer, telecommunication services or other services and does not accept any liability for services of third parties.
  3. Restriction of use of Data

    1. The Data made available within the scope of the Service may be protected by copyright or other statutory provisions.
    2. You may use the Data made available to you for private and non-commercial purposes only, to the extent that this is necessary and permitted by the End User Device’s intended use.
    3. PLEASE NOTE that you are in particular not entitled to:
      • forward the Data or part of it to third parties or to enable third parties to have access to it with the exception of members of your household;
      • amend edit or modify the Data in any way;
      • use the Data for the creation of a database and/or an information service.
  4. Restriction of Liability

    1. PLEASE NOTE that you are using the Service at your own risk. The download or any other receipt of content, in particular the download of Data in connection with the Service, is also at your own risk and you are solely responsible for any damage to this End User Device or for any other damages, including loss of data, arising out of such actions.
    2. Gracenote shall not be liable for the functioning of the Service or part of it without interruptions or defects, for Data being available at all times or for the Service being fit for a specific purpose. Gracenote shall not be liable for the accuracy, completeness and/or correctness of the Data made available by Gracenote. In particular spelling mistakes and software errors can occur.
    3. Gracenote shall not be liable for disturbances which prevent access to the Service, in particular for any disruptions and/or limitations of access to the Service or the Data which are due to a force majeure event or circumstances outside of Gracenote’s responsibility, such as a breakdown or disturbance of the Internet or telecommunications networks other than Gracenote‘s own systems.
    4. GRACENOTE SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES OR FOR ANY LOST PROFITS OR LOST REVENUES. Gracenote shall only be liable for willful misconduct or gross negligence (the limitation of liability set out above does not apply to death or personal injury or any other liability which cannot be excluded by law).

© 2013 Gracenote, Inc. All rights reserved.