Terms and Conditions


The Showup Application (hereinafter referred to as “the Showup App”) is an original concept developed and offered by Judg Inc S.A., a company under the Luxembourg laws registered with the Luxembourg trade and companies register (RCSL) under number B195158, and with the email address contact@judg.it. The following Showup Terms of Use (hereinafter referred to as the “Terms of Use”) apply to and govern your use of the Showup App and of the Showup Service.

1. PRESENTATION OF THE SHOWUP APP & SERVICE

The Showup App provides an original concept allowing you discover new places and win gifts. The Showup App contains different tabs allowing you to operate different actions: a “Home” tab (a), a “Create” tab (b), a “Profile” tab (c), a “Contest” tab (d). a) The “Home” tab: This tab displays a map showing all the establishment that are currently organizing a contest or has organized a contest in the past. b) The “Create” tab: This tab allows you to create your own contest as an establishment or as an individual. c) The “Profile” tab: This tab displays all the contest in which you have participated or the one you have created. d) The “Contest” tab: This tab displays all the information related to a contest (name of the establishment, rating, gift, location, duration of the contest, pictures…). If the contest is active, you have the possibility to participate by sharing a picture. The material resulting is hereinafter referred to as “the Content”. The Content is uploaded on Showup’s platform and becomes public and accessible for the other users of the Showup App and/or Services. You may publish the Content through the Showup App, and through other social sharing media such as Facebook and Twitter. “The Showup Service” or “the Service” refers to the making accessible of the Showup platform through the use of the Showup App. so as to allow the actions as described above.

2. ACCEPTANCE OF THE SHOWUP TERMS OF USE

By downloading and/or installing the Showup App and/or by using the Showup Service (including by the upload and/or the publishing of the Content trough the Showup Service), you acknowledge that you fully understand the Terms of Use and accept to be bound by these Terms of Use. If you do not agree to be bound by these Terms of Use, you shall not access or use the Showup App or the Showup Service and you will immediately uninstall your Showup App from your device. The Showup App and/or Service are neither a toy nor a medical device and shall never be used to such purposes.

3. ELIGIBILITY

The Showup App and the Showup Service are intended for persons being at least 17 years old. Any use of the Showup App and the Showup Service under the age of 17 is prohibited. You represent and warrant that you are at least 17 years old.

4. ACCOUNT

You can connect either via an account linked to an email address or via your Facebook account. You hereby agree that you must take all the necessary precautions to protect and keep secret your account information (account name and password). This includes that you shall not give such information to anyone else nor allow anyone else to use your account information. In the contrary event, you accept the entire liability for any related consequence (including any purchases made through your account) and you agree to compensate Showup for any harm, which may result from your failure to comply with the present obligation. Showup will not be responsible for any loss or harm related to an unauthorized access to your account. Showup reserves the right to delete your account if it remains inactive for 365 or more days and no refund shall be offered to you by Showup. In addition, you agree that if your account is deleted conform to the present Terms of use (by you or by Showup), you will lose your access to the data related to your account.

5. PRICING

The Showup App includes two subscription methods allowing establishment to create contests. Establishments have either the possibility to pay for one contest or subscribe to a monthly payment in order to have unlimited use of the contest. Such In-App payments are intended for persons being at least 18 years old. Any in-app payment through the Showup App and the Showup Service under the age of 18 is prohibited. In case you would operate said in-app purchases, you represent and warrant that you are at least 18 years old. You agree that any payment for the Showup Service is definitive and non-refundable. If you live in the European Union please be aware that when you purchase a service from Showup, the execution of the Showup services begins at the same time your payment is complete. Therefore, the existing right to withdraw from distance purchases under European Law is lost at this point. In the event Showup suspends or terminates your account, you will lose any right related to your account and Showup will not compensate you for this loss or refund it to you. If you live in the European Union, Showup may provide you with a VAT invoice (in an electronic format) where Showup is required to do so by the applicable law.

6. PICTURE AND/OR CONTENT

As far as, the Picture and the Content are your exclusive property and the related Intellectual property rights remain yours. Nevertheless, you hereby agree to grant a royalty-free, non-exclusive, worldwide, limited, license to Showup, for the whole duration of the applicable intellectual property right, for the use of the Content in order to allow Showup to provide you the Showup Service. When you capture a picture or upload a picture from your device gallery, and/or when you upload a Content, the original resolution and format of your picture and/or Content may be modified by Showup, at its own discretion. You equally agree to grant a royalty-free, non-exclusive, worldwide, limited, license to Showup, for the whole duration of the applicable intellectual property right, in order to allow Showup to use the Picture and/or the Content, edited or altered as Showup so choose and combined with any other materials Showup so choose, in various advertising, marketing, promotional and other materials which may be used in any and all manner, venue and media, including the internet, for purposes of advertising and trade, including its display in the Showup App.

7. USER’S CONDUCT

You agree not to use the Showup App and/or the Service in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights (including intellectual property rights) of any person (including legal persons and physical persons, and in particular minors) or group, or breaching the public order or public morals. In particular, you shall not send obscene, discriminatory, abusive, violent, offensive, unlawful, hateful, defamatory, slanderous, inappropriate, pornographic or sexually suggestive pictures and/or Content trough the Showup App and/or the Showup Service. Showup is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive or illegal use by any person against you. Showup will not be responsible for the Content uploaded and your use the Showup App and the Service is at your own risk. You agree that your Content may be commented and judged by the other Showup App and/or Service users, in particular through the attribution of a note. Showup will not be responsible for the comments and notes given by the other users and your use the Showup App and the Service is at your own risk. Furthermore, in case an establishment or an individual creates a contest announcing a price for the winner, Showup will not be responsible in any way if the price is modified, altered or cancelled by the establishment or the individual. However, if you notice that the Content uploaded by another user infringes your rights (including intellectual property rights and Image rights) or those of anyone else, you can notice this violation to Showup by using the “report” button placed under the Content. You may be asked to specify the nature of the alleged violation of rights. Once noticed, Showup will take all reasonably necessary steps to take down the infringing Content.

8. INTELLECTUAL PROPERTY RIGHTS OF SHOWUP

The Showup App (including its display and logos) is copyrighted and Showup is a registered Trademark. Showup exclusively owns all rights on the App and on the Service, including all associated intellectual property rights. Subject to the terms and conditions herein, Showup hereby grants you a limited, non-exclusive, worldwide, revocable, personal, non-transferable and non-sublicenseable license to use the Showup App for a period of 3 years as from the date of registration of your account. Such period is subject to an automatic renewal for a period of 1 year, beginning at the end of the said period of 3 years or of the previous renewal period of 1 year. You hereby warrant that you will refrain from any violation of the intellectual property rights of Showup. You also warrant that you will not rent, lease, loan, sell, distribute the Showup App and will not modify, decompile, reverse engineer, disassemble, attempt to derive the source code or to create derivate applications based on the Showup App.

9. ADVERTISING

The Showup App may be supported by advertising revenue and may display advertisements and promotions. You hereby agree that Showup may place such advertising and promotions on the Showup App display, without previous notice and without your authorization. You agree not to claim any remuneration in barter to the aforementioned given authorization. We reserve the right to contact any company or individual using Shouwup for advertisement purposes in order to discuss related terms and conditions and to settle a fair agreement. Excessive advertisement will be considered as a violation of these Terms of Use and Shouwp will have the right, at its sole discretion and without any prior notice, to suspend or disable your account and to revoke your license according to article 13 of the Terms of Use.

10. PROCESSING OF PERSONAL DATA

10.1. General statement

Showup will only collect and process your personal data in accordance with the present Terms of Use. The aforementioned personal data are all the data relating to you (as an identified or identifiable individual or establishment) such as for example e-mail addresses, geographical localization or pictures, device ID, IP-address, user names and passwords, addresses, billing information which you would introduce during your use of the Showup App and/or Service (the “Personal Data”). This section describes how Showup handles your Personal Data collected through the Showup App. and Service. By accessing and/or using the Showup App and/or Service, you agree that Showup will collect, process, use and share your Personal Data in accordance with the present Terms of Use. In the event you do not agree on the said Shouwp’s Terms of Use, you should not access and/or use the Showup App and/or Service.

10.2. Personal Data that Showup collects

Personal Data collected about you may include:
- General identification and contact information enabling Showup to provide the Service: Your name; e-mail; addresse; telephone details; gender; date of birth; account name and passwords; activity records; user content (e.g. photos, notes or comments); information resulting from your registration with a third-party social media, or any communications between you and Showup.
- Cookies and comparable technologies: When you are using the Service, Showup may use cookies or comparable technologies to collect information.
- Log file information: Each time you request an access to a web page or an app, log file information is reported by your browser.
- Financial information and account details: Payment card number; bank account number and account details; and other financial information. Such data are collected only in the event of the purchase of a subscription method.
- Finding your friends on Showup: you have the possibility to find your friends either through (i) your contacts lists (ii) a search of names and account names (iii) other third-party social media. Consequently, Showup might access your contacts lists or receive information provided by the third-party social media. Such information will be governed by this Privacy Policy.
- Analytics: Showup might collect and use information resulting from analytics tools provided by third-parties to measure usage trends or traffic for the Service. Showup does not process any sensitive data.

10.3. How and for which purposes we use your personal data

We may use your Personal Data to:
- Communicate with you and other users.
- Send you important information regarding changes to the Terms of use.
- Make decisions about whether to provide you the Service.
- Carry out market research and analysis, including satisfaction surveys.
- Provide marketing information to you (including information about other products and services offered by selected third-party partners) in accordance with preferences you have expressed (“Direct Marketing”).
- Personalize your experience on the Showup App. by presenting information tailored to you.
- Identify you to anyone to whom you interact through the App and/or Service (likes, comment, attribution of a rating, etc.).
- Resolve complaints, and handle requests for data access or correction.
- Manage our infrastructure and business operations, and comply with internal policies and procedures, including those relating to auditing; finance and accounting; billing and collections; IT systems; data and website hosting; business continuity; and records, document and print management.
- Comply with applicable laws and regulatory obligations (including laws outside your country of residence), such as those relating to anti-money laundering and anti-terrorism; comply with legal process; and respond to requests from public and governmental authorities (including those outside your country of residence).
- Establish and defend legal rights; protect our operations or those of any of our group companies, our rights, privacy, safety or property, and/or that of our group companies, you or others; and pursue available remedies or limit our damages. You can oppose to the process of your Personal Data for Direct Marketing by sending an e-mail to support@judg.company or writing to Showup to the following address: 70 Val-Sainte-Croix, L-1370 Luxembourg.

10.4. Security

Showup will take appropriate technical, physical, legal and organizational measures, which are consistent with applicable privacy and data security laws. Unfortunately, no data transmission over the Internet or data storage system can be guaranteed to be 100% secure. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any Personal Data you might have with us has been compromised), please immediately notify us by e-mail or by writing to Showup. When Showup provides Personal Data to a service provider, the service provider will be selected carefully and required to use appropriate measures to protect the confidentiality and security of the Personal Data. If such service provider resides outside the EU, we take the necessary measures to ensure that the data are transferred in compliance with the applicable law and the European Data Protection Directive.

10.5. Retention of Personal Data

Showup will retain Personal Data for the period necessary to fulfill the purposes outlined in this Section unless a longer retention period is required or permitted by law. One of our purposes when processing your Personal Data is to gather information in order to provide you with the Showup Service. When becoming a user of the Showup App and/or Service, you agree that we keep your data at least until you decide to delete your Showup account.

10.6. Access and correction requests

You have the right to access, correct, object to the use of, or request deletion or suppression of Personal Data on certain grounds. Please send an e-mail or write to Showup with any such requests or if you have any questions or concerns about how we process Personal Data. * E-mail : support@judg.comany
* Address: 70 Val-Sainte-Croix, L-1370 Luxembourg
Please note that some Personal Data may be exempt from access, correction, objection, deletion or suppression rights in accordance with local privacy and data protection laws.

10.7. Your responsibility as data controller

When using the Showup App and Services, you will also process personal data (yours or those of third parties, such as your friends, your family, other users, etc.) (hereinafter referred to as “Your Data Processing”). You hereby confirm that you understand the nature and the extent of Your Data Processing, which is carried on and implied by your use of the Showup App and/or Service and that you decide to use the App and/or the Service to this end on your own behalf and for your own benefit. Hence, you are considered the controller of Your Data Processing, that is to say the person who determines the purposes and means of Your Data Processing. In the framework of Your Data Processing, we are only a subcontractor who processes personal data on your behalf, according to the present terms and conditions. You declare, represent and accept that you will entirely respect the legislations and regulations that apply to Your Personal Processing.

11. IMAGE RIGHT AND PRIVACY OF THIRDS

You confirm that you will always use the Showup App and/or Service in the respect of the Image rights and privacy rights of the physical persons represented in the picture and in the Content. You also confirm that you obtained the consent of any physical person concerned by your use of the Showup App and/or Service after having them informed on the nature, the functioning and the purposes of your use of the Showup App and/or Service and on the data and pictures processed.

12. SHARING THROUGH SOCIAL SHARING MEDIA

The Showup App and the Showup Service set out the possibility for you to share the Content directly via a personal social sharing media account such as Facebook or Twitter. By sharing the original image and the Content via the aforementioned social sharing media, you agree and warrant that you will respect the terms and conditions (including Privacy Policy and Cookies Policy) of each social sharing media you will use. Such terms and conditions may be found at the following URL directions:
- Regarding Facebook: http://www.facebook.com/policies/ http://www.facebook.com/help/cookies/ https://www.facebook.com/policy.php
- Regarding Twitter: http://twitter.com/tos http://twitter.com/privacy The previous URL directions may be subject to modifications. In such case, you are responsible to find the relevant terms and conditions (including Privacy Policy and Cookies Policy) by your own means.
You must in any case consult the aforementioned terms and conditions (including Privacy Policy and Cookies Policy) before sharing the Content via any social sharing media. If you use the Showup App and/or Service and agree to allow the Showup App and/or Service to interact with a social sharing media such as Facebook or Twitter, you are giving Showup the permission to use your email address and the necessary personal data that this social sharing media shares with us and that will allow us to identify you. If you do not agree to these practices you should not allow the Showup App to interact with another social sharing media.

13. VIOLATION OF THE TERMS OF USE & INDEMNIFICATION

In case of violation of these Terms of Use, Showup will have the right, at its sole discretion and without any prior notice, to suspend or disable your account and to revoke your license. Furthermore, you hereby agree and warrant to defend, indemnify and hold Showup harmless from and against any claims, loss, damages, and expenses resulting from any violation of these Terms of Use or other activity related to the Showup App and/or Service.

14. DISCLAIMER

To the maximum extent authorized under the applicable law, and given that they are provided on a royalty-free basis, the Showup App, its license, and the Showup Service are provided “AS IS”, without any warranty. Showup disclaims any warranty that the app and/or the Service will meet your personal requirements and will be available on an error-free, secured or uninterrupted basis. Showup gives no warranty regarding the quality of the Content obtained through the use of the App and the Service. You are solely responsible for all your actions and communications with other persons with whom you interact via the use of the Showup App and/or Service.

15. LIABILITY

TO THE MAXIMUM EXTENT AUTHORIZED UNDER THE LAW, AND GIVEN THAT THE SHOWUP APP AND SERVICE ARE PROVIDED ON A ROYALTY-FREE BASIS, SHOWUP WILL NOT BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES RESULTING FROM THE USE OF THE SHOWUP APP AND/OR SERVICE. SHOWUP WILL NOT BE LIABLE FOR ANY LOSS OF DATA, REVENUE OR PROFIT ARISING FROM YOUR USE OF THE SHOWUP APP AND/OR SERVICE. SHOWUP WILL NOT BE LIABLE FOR THE UNAVAILABILITY OF THE SHOWUP APP DUE TO SCHEDULED MAINTENANCE OR UPGRADES, EMERGENCY REPAIRS, OR TO FAILURE OF TELECOMMUNICATIONS LINKS AND EQUIPMENT THAT ARE BEYOND THE CONTROL OF SHOWUP. YOU EXPRESSLY ACKNOWLEDGE THAT THE USE OF THE SHOWUP APP IS AT YOUR SOLE RISK AND LIABILITY. IN ADDITION TO THE LIABILITY AND WARRANTY LIMITATIONS AS SET FORTH ABOVE, IN ANY CIRCUMSTANCES, SHOWUP’S AGGREGATE LIABILITY ARISING FROM OR RELATING TO THIS AGREEMENT, THE SERVICE OR THE SHOWUP APP, WHICH CANNOT OTHERWISE BE EXCLUDED BY LAW, WILL NOT EXCEED THE GREATER OF I) 50 EUR OR II) ANY AMOUNTS PAID BY YOU TO SHOWUP FOR THE PAST SIX MONTHS OF THE SERVICE.

16. MODIFICATION OF THE TERMS OF USE & NOTICE TO USER

You are aware that these Terms of Use may be subject to some modifications, at Showup sole discretion. In such case, Showup will notice you the aforementioned modifications. Notices of such modifications will be communicated to you directly at the beginning of the Showup App interface. You will have to agree on the new Terms of Use to further may use the Showup App and Service.

17. TRANSFER

You shall not assign or transfer the Terms of Use without Showup prior written consent. In case of assignment or transfer with the aforementioned prior consent, the Terms of Use will automatically apply to the subject of the assignment or transfer.

18. ENTIRE AGREEMENT

The Shouwp Terms of Use constitute the entire and exclusive understanding and agreement between you and Showup regarding the Showup App and the Showup Service. The Terms of Use supersede and replace any prior understanding or agreement between you and Showup regarding the Showup App and the Showup Service.

19. APPLICABLE LAW & DISPUTE RESOLUTION

These Terms of Use are subject to and governed by the Luxembourgian law. To the maximum extent authorized under the law, any dispute relating to these Terms of Use are subject to the exclusive jurisdiction of the Luxembourg courts.