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Website Terms of Use

THESE WEBSITE TERMS OF USE ("Terms of Use") GOVERN USE OF THE SHOW AND TELL AGENCY INC. ("SHOW AND TELL") WEBSITE https://www.theshowandtellagency.com (THE "SHOW AND TELL SITE") AND YOU ARE AGREEING TO THESE TERMS OF USE BY USING THE SHOW AND TELL SITE.

IF YOU DO NOT AGREE WITH ANY OF THE TERMS AND CONDITIONS SET OUT IN THESE TERMS OF USE, YOU ARE PROHIBITED FROM ACCESSING AND USING THE SHOW AND TELL SITE.

YOU MUST BE AT LEAST THE AGE OF MAJORITY IN ORDER TO USE THE SHOW AND TELL SITE.

  1. Modifications. It may be necessary for us to modify these Terms of Use from time to time. Should we modify these Terms of Use, we will update the Effective Date identified at the top of these Terms of Use and any such modifications will take effect upon posting to the Show and Tell Site. Your continued use of the Show and Tell Site constitutes your acceptance of the Terms of Use as modified.  We urge you to review these Terms of Use on a regular basis to ensure that you are aware of all current terms and conditions governing your use of the Show and Tell Site.
  2. Services Agreement. At Show and Tell, we offer outstanding and diverse services to assist your business succeed; we offer a wide range of services including without limitation to help you set business goals, to develop, execute and evaluate your campaigns, to innovate and to take client relationships to the next level. The Show and Tell Site contains general descriptions of services we offer but these descriptions are provided for informational purposes only.  Use of the Show and Tell Site does not create a client relationship with Show and Tell.  In order to become a client of Show and Tell, we have to enter into a written services agreement, which will be prepared as part of a larger discussion concerning requested services. Our services will be tailored to each client’s needs and goals.
  3. Privacy Statement. Our Privacy Statement https://www.theshowandtellagency.com/privacy-policy sets out the manner in which Show and Tell collects, uses, discloses and administers personal information. The Show and Tell Privacy Statement is incorporated into and forms part of these Website Terms of Use.
  4. Results. At Show and Tell, we have executed hundreds of campaigns driving many millions of dollars in sales for our clients and we carefully consider and customize each campaign we undertake. We help you identify your business' goals and challenges and then work with you to create campaigns that target your specific needs. We cannot, however, guarantee the success of any one campaign.
  5. Employment Opportunities. You may choose to submit an application to Show and Tell by way of email to info@theshowandtellagency.com. Any employment application emails are received at our head office in Winnipeg, Manitoba, Canada and will be administered in accordance with our obligations under Manitoba law and our employment policies as established from time to time.
  6. Site Content and Intellectual Property. The Show and Tell Site may feature blog posts, whitepapers and other content that is intended for general, informational purposes only. You should not rely on or use such content because it has not been customized to your situation, nor do we know the facts of your scenario. If you do use the content, it is at your own risk.

    Show and Tell may from time to time feature or link to third party content on the Show and Tell Site; this should not be characterized as, and does not constitute, an endorsement by Show and Tell. Show and Tell is not responsible or liable for third party content, including links, featured on the Show and Tell Site.

    All content on the Show and Tell Site is subject to intellectual property protections, including without limitation copyright and trademark rights and protectable under international conventions. These rights are enforceable by Show and Tell at law. You are prohibited from removing any proprietary notices that appear on the Show and Tell Site or in connection with Site content. Content on the Show and Tell Site may not be copied, reproduced or distributed in any way without our prior written consent.
  7. Age of Majority. Content on the Show and Tell Site is not intended for use by children. You must be the age of majority or older to use the Show and Tell Site. If you are not the age or majority, you must discontinue use of the Show and Tell Site.
  8. Restrictions. Show and Tell has the right, but not the obligation, to take any of the following actions in our discretion and without notice:
    1. restrict, suspend or terminate your access to the Show and Tell Site or any services (in accordance with the Services Agreement entered into between you and Show and Tell);
    2. change, suspend or discontinue any service offerings from time to time;
    3. add, change, move or remove any site content or features from the Show and Tell Site;
    4. should we allow users to establish an account at any time, we reserve the right to deactivate that account and to restrict use or delete accounts in our discretion;
    5. establish user restrictions concerning user content.
  9. User Comments/Other Submissions. You have the option to submit comments through the Show and Tell Site. Show and Tell may also make available, from time to time, features of the Show and Tell Site to receive comment, content or input from users. All user submissions shall be original and shall not violate third party rights.

    When a user submits comments, information or content to the Show and Tell Site, you are granting to Show and Tell an irrevocable, royalty-free, world-wide right (but not an obligation) and license to use those comments, information or content for its own purposes, without any compensation by you.

    In making any submission to Show and Tell of any kind, you agree that you will not engage in any of the following:
    1. defamation, abuse, harassment, stalking, engaging in threats, or otherwise violate the legal rights of others;
    2. publishing, posting, uploading, emailing, distributing, displaying, promoting, disseminating or otherwise making available any material that is inappropriate (for example: profane, vulgar, libelous, defamatory, obscene, racist, sexually explicit, offensive, false or unlawful);
    3. transmitting any information or materials to Show and Tell that are not original or which violate third party rights, including without limitation proprietary or intellectual property rights;
    4. provide a submission that contains any virus, corrupt file, spyware, adware or any other program that may damage or adversely affect the Show and Tell Site or those of other users;
    5. otherwise interfere with or disrupt the use of the Show and Tell Site.
    In the event that Show and Tell chooses to offer features such as forums, bulletin boards, chat rooms, messaging or other interactive areas, you must follow the terms and conditions specifically established for those features.  You will use these features only to communicate on the direct issues addressed thereon and not for any other purpose. Without restricting any of the foregoing, you agree that you will not at any time submit inappropriate content or content that violates third party rights to Show and Tell.

    Show and Tell reserves the right to suspend or terminate your account should you violate any of the foregoing.

    Any comment, content or input from users submitted to Show and Tell is not required to be treated as confidential information by Show and Tell and may be used or disclosed in its discretion.

    All user comment, content or input received by Show and Tell from you as a user will be your sole responsibility; you and not Show and Tell will be responsible for all information or materials that you upload as user comment, content or input and you indemnify Show and Tell from any demand, claim, suit or proceeding concerning the violation of rights of any person in accordance with paragraph 13 below.
  10. Payment Processing. Show and Tell does not process payments through the Show and Tell Site. Payments will be processed in accordance with the terms of your Services Agreement with Show and Tell.
  11. Jurisdiction & Governing Law. All services provided by Show and Tell shall be deemed to be provided from Show and Tell head office located in Winnipeg, Manitoba, Canada, unless otherwise specified in your Services Agreement with Show and Tell. These Terms of Use are governed by and shall be construed in accordance with the laws of the Province of Manitoba, Canada. The parties irrevocably attorn to the exclusive jurisdiction of the courts of Manitoba with respect to a dispute concerning the subject matter of this Agreement.
  12. Termination. Show and Tell reserves the right in its discretion to terminate your access to and use of the Show and Tell Site, or any of its features at any time.
  13. Indemnification. You agree to defend, indemnify and hold harmless Show and Tell, its directors, officers, employees, shareholders, contractors, representatives, successors and assigns, from and against any and all costs, claims, demands, liabilities, losses, damages, judgments, settlements, costs and expenses arising out of your use of the Show and Tell Site or any online features of the Show and Tell Site, or your violation of any of your obligations under these Terms of Use. You will cooperate fully and as reasonably required by Show and Tell, and at your own cost, in defense of any claim.  Notwithstanding any indemnity to be provided by you, we reserve the right to assume the exclusive control of any defence and any settlement decisions concerning any claim, suit or proceeding.
  14. Disclaimer. Use of the Show and Tell Site is provided on an "as is" and "as available" basis, and to the fullest extent permitted by law, Show and Tell makes no representations or warranties of any kind, express or implied, concerning the Show and Tell Site, and any content featured thereon, including without limitation non-infringement, merchantability or fitness for a particular purpose.

    Show and Tell does not warrant that your activities or use of the Show and Tell Site are lawful in your jurisdiction of use. You are responsible for compliance with all applicable laws when using the Show and Tell Site.
  15. Limitation of Liability. UNDER NO CIRCUMSTANCES WILL SHOW AND TELL BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS, COST OR DAMAGE OF ANY KIND (INCLUDING WITHOUT LIMITATION FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES) ARISING FROM, DIRECTLY OR INDIRECTLY, YOUR USE OF THE SHOW AND TELL SITE, ITS FEATURES OR CONTENT. YOUR ACCESS TO AND USE OF THE SHOW AND TELL SITE IS AT YOUR OWN RISK.
  16. Authority. You hereby confirm to Show and Tell that you have all necessary power and authority to agree to these Terms of Use.
  17. General. These Terms of Use and any documents or materials incorporated by reference herein constitute the entire agreement between the parties with respect to the subject matter hereof. There are no representations or warranties between the parties except as expressly set out herein.  All notices to be provided to users generally under these Terms of Use will be featured on the Show and Tell Site; if you have set up an account and/or have provided us with an email address, we may communicate with you through that email address and provided notice by email in our discretion.  You are responsible to ensure that your current email is on file with Show and Tell.  These Terms of Use may not be assigned by you without the prior written consent of Show and Tell. Any failure by Show and Tell to exercise or enforce any right or provision of these Terms of Use does not constitute a waiver of such rights.