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 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
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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:
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.
Description of the Service
Operation of the Service
Restriction of use of Data
Restriction of Liability
© 2013 Gracenote, Inc. All rights reserved.