TERMS OF USE

Showfields’ Terms of Use

Last Revised: May 27, 2019>

Showfields Inc. (“Showfields”, “we”, “our”) welcomes you (the “User(s)”, or “you”) to our website athttps://www.showfields.com(the “Site”), our mobile application (“App”) and to our online services made available by Showfields in the Showfields store(s) (including tablets, point-of-sale devices and in-store Wi-Fi networks) (respectively, the “Store(s)”, the “In-Store Services”, “Wi-Fi” and collectively with the Site and App, the “Services”). Our Services offer information regarding our Store, products offered therein, events and promotional materials. Each of the Services' Users may use the Services in accordance with the terms and conditions hereunder.

1. Acceptance of the Terms

By entering, connecting to, accessing or using the Site and/or App and/or In-Store Services, you acknowledge that you have read and understood the following terms of use, including the terms of our Privacy Policy https://www.showfields.com/privacy_policy and Cookie Policy https://www.showfields.com/cookie_policy (collectively, the “Terms”) and you agree to be bound by them and to comply with all applicable laws and regulations regarding your use of the Site and/or App and/or in-Store technological devices and you acknowledge that these Terms constitute a binding and enforceable legal contract between Showfields and you. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT ENTER TO, CONNECT TO, ACCESS OR USE THE SITE AND/OR APP AND/OR IN-STORE SERVICES AND/OR THE SERVICES IN ANY MANNER. The Services are available only to individuals who (a) are at least sixteen (16) years old; and (b) possess the legal capacity to enter into these Terms and to form a binding agreement under any applicable law, or have received the required consent from their legal guardian to enter into these Terms. Therefore, you hereby represent that you possess the legal authority to enter into these Terms on your behalf and to form a binding agreement under any applicable law, to use the Services in accordance with these Terms, and to fully perform your obligations hereunder.

2. The Services

Showfields operates its Stores located in a spacious and impressive multi-story buildings, which offers a wide variety of products by popular and known brands (the “Partners”) while providing a unique shopping experience. Information relating to Showfields and to its Partners and products offered in the Store are available through the Site, App and in certain cases via our In-Store Services, which may include offering of Wi-Fi connectivity, in-Store tablets, point-of-sale devices and other electronic devices, etc. Showfields also operates a members club under the name "Friends of Showfields" which may offers its members information relating to Showfields and its Partners, promotional materials, special offers, etc. The Services may provide you with comprehensive information regarding, inter-alia, Showfields' and its Partners' (such as brand's operating within the Store) products, concept, partners, blog, news regarding Showfields and its Partners, job opportunities and so forth, including any other content related thereto such as contact information, videos, text, files, logos, button icons, images, data compilations, links, other specialized content, technical data, documentation, know-how, specifications materials, designs, data, the "look and feel" of the Site, App and In-Store Services, algorithms, source and object code, interface, GUI, interactive features related graphics, illustrations, drawings, animations, and other features obtained from or through the Site, App and In-Store Services (collectively, the “Content”). For simplification purposes, the term "Service(s)" used herein includes the Site, App and In-Store Services and services related thereto. ALL RIGHTS IN AND TO THE CONTENT AVAILABLE ON THE SITE, APP AND IN-STORE SERVICES ARE RESERVED TO SHOWFIELDS, PARTNERS OR THEIR LICENSORS. TO THE EXTENT LEGALLY PERMISSIBLE, THE SITE, APP AND IN-STORE SERVICES AND THE CONTENT AVAILABLE THEREIN ARE PROVIDED ON AN “AS IS” BASIS. SHOWFIELDS WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSS INCURRED TO YOU OR ANY OTHER PERSON AS A RESULT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES AND/OR THE CONTENT AVAILABLE THEREIN. YOUR USE OF THE SITE, APP AND IN-STORE SERVICES AND/OR THE CONTENT AVAILABLE THEREIN IS ENTIRELY AT YOUR OWN RISK.

3. Use Restrictions

There are certain conducts which are strictly prohibited when using the Services. Please read the following restrictions carefully. Failure to comply with any of the provisions set forth herein may result (at Showfields’ sole discretion) in the termination of your use of the Site and/or Content and may also expose you to civil and/or criminal liability. Unless otherwise explicitly permitted under these Terms or in writing by Showfields, you may not (and you may not permit anyone to): (a) use the Site and/or App and/or In-Store Services the Content for any illegal, immoral, unlawful and/or unauthorized purposes; (b) use the Site and/or App and/or In-Store Services and/or Content for non-personal or commercial purposes; (c) remove or disassociate, from the Content and/or the Site and/or App and/or In-Store Services any restrictions and signs indicating proprietary rights of Showfields or its licensors, including but not limited to any proprietary notices contained in such materials (such as ©,™, or ®); (d) interfere with or violate Users' rights to privacy and other rights, or harvest or collect personally identifiable information about Users without their express consent, whether manually or with the use of any robot, spider, crawler, any search or retrieval application, or use other manual or automatic device, process or method to access the Site and/or App and/or In-Store Services and retrieve, index and/or data-mine information; (e) interfere with or disrupt the operation of the Site and/or App and/or In-Store Services or the servers or networks that host the Site and/or App and/or In-Store Services, or disobey any laws, regulations, requirements, procedures, or policies of such servers or networks; (f) falsely state or otherwise misrepresent your affiliation with any person or entity, or express or imply that Showfields endorses you, your site, your business or any statement you make, or present false or inaccurate information about the Site and/or App and/or In-Store Services or Showfields; (g) take any action that imposes, or may impose, an unreasonable or disproportionately large load on our platform infrastructure, as determined by us; (h) bypass any measures we may use to prevent or restrict access to the Site and/or App and/or In-Store Services; (i) copy, modify, alter, adapt, make available, translate, port, reverse engineer, decompile, or disassemble any portion of the Content made accessible by Showfields on or through the Site and/or App and/or In-Store Services, or publicly display, reproduce, create derivative works from, perform, distribute, or otherwise use such Content; (j) copy, distribute, display, execute publicly, make available to the public, reduce to human readable form, decompile, disassemble, adapt, sublicense, make any commercial use, sell, rent, transfer, lend, process, compile, reverse engineer, combine with other software, translate, modify or create derivative works of any material that is subject to Showfields’ proprietary rights, including Showfields’ Intellectual Property (as such term is defined below), in any way or by any means; (k) make any use of the Content on any other site or networked computer environment for any purpose without Showfields’ prior written consent; (l) create a browser or border environment around Showfields’ Content (no frames or inline linking is allowed); (m) sell, license, or exploit for any commercial purposes any use of or access to the Site and/or App and/or In-Store Services and/or the Content; (n) frame or mirror any part of the Site and/or App and/or In-Store Services without Showfields’ prior express written authorization; (o) create a database by systematically downloading and storing all or any of the Content from the Site and/or App and/or In-Store Services; (p) transmit or otherwise make available in connection with the Site and/or App and/or In-Store Services any virus, worm, Trojan Horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component; (q) use the Site and/or App and/or In-Store Services for any purpose for which the Site is not intended; and/or (s) infringe and/or violate any of the Terms.

4. Wi-Fi

By using our in-Store Wi-Fi service, you hereby expressly acknowledge and agree that there are significant security, privacy and confidentiality risks inherent in accessing or transmitting information through the internet, whether the connection is facilitated through wired or wireless technology. Security issues include, without limitation, interception of transmissions, loss of data, and the introduction or viruses and other programs that can corrupt or damage your computer. Accordingly, you agree that Showfields or any third party supplying the Wi-Fi service are not liable for any interception or transmissions, computer worms or viruses, loss of data, file corruption, hacking or damage to your computer or other devices that result from the transmission or download of information or materials through the Wi-Fi service. There are certain conducts which are strictly prohibited when using our Wi-Fi service. Please read the following restrictions carefully. Failure to comply with any of the provisions set forth herein or if abnormal, illegal, or unauthorized behavior is detected, including heavy consumption of bandwidth, Showfields reserves the right to permanently disconnect the offending device from the wireless network. In addition to the restriction set out under Section 3 above, you may not use our Wi-Fi service for: (i) Spamming and invasion of privacy; (ii) intellectual property right violations; (iii) accessing illegally or without authorization computers, accounts, equipment or networks belonging to another party; (iv) export control violations; (v) distribution of pornographic materials to minors and child pornography; (vi) high bandwidth operations, such as large file transfers and media sharing with peer-to-peer programs; and/or (vii) making available, posting or uploading obscene, defamatory, harassing, abusive, threatening or indecent speech or materials.

5. Minors

The Site and/or App and/or In-Store Services are intended for Users over the age of sixteen (16). We reserve the right to request proof of age at any stage so that we can verify that minors under this age are not using the Services. In the event that it comes to our knowledge that a person under the age of sixteen (16) is using the Services, we will prohibit and block such User from accessing the Site and/or App and/or In-Store Services and will make all efforts to promptly delete any Personal Information (as such term is defined in our Privacy Policy) with regard to such User.

6. Contacting us via the Site or App

In order to contact us, you will need to send us an e-mail to one of the e-mail addresses available on the Site athttps://www.showfields.com/contactUsor the App, according to the nature of the of your communication.

7. Privacy Policy and Cookie Policy

We respect your privacy and are committed to protect the information you share with us. We believe that you have a right to know our practices regarding the information we collect when you connect to, access or use the Services. Our policy and practices and the type of information collected are described in detailed in our Privacy Policy https://www.showfields.com/privacy_policy and our Cookie Policy at https://www.showfields.com/cookie_policy which are incorporated herein by reference. You agree that Showfields may use personal information that you provide or make available to Showfields in accordance with the Privacy Policy and Cookie Policy. If you intend to access or use the Services, including our In-Store Wi-Fi network you must first read and agree to the Privacy Policy.

8. Intellectual Property Rights

Subject to the terms hereof, Showfields hereby grants to you, and you accept, a personal, nonexclusive, non-commercial, non-transferable, non-sublicensable and fully revocable limited license (i) to download and use the App on your authorized mobile phone, or tablet that you own or control, solely for the limited purpose of using the App for your internal non-commercial use, and for no other purpose, strictly in accordance with the Terms, the applicable Usage Rules (as defined below) and applicable law; and (ii) to use the Service and the Content provided in the App in accordance with the terms contained in this Agreement. The Site and/or App and/or In-Store Services, the Content and Showfields' proprietary assets and any and all intellectual property rights pertaining thereto, including, but not limited to, inventions, patents and patent applications, trademarks, trade names, service marks, copyrightable materials, domain names and trade secrets, whether or not registered or capable of being registered (collectively, “Intellectual Property”), are owned by and/or licensed to Showfields and/or the Partners (as applicable) and are protected by applicable patent, copyright and other intellectual property laws and international conventions and treaties. All rights not expressly granted to you hereunder are reserved by Showfields, its Partners and their licensors. The Terms do not convey to you an interest in or to the Showfields’ or the Partners’ Intellectual Property but only a limited revocable right of use in accordance with the Terms. Nothing in the Terms constitutes a waiver of Showfields’ or the Partners’ Intellectual Property under any law. To the extent you provide any feedbacks, comments or suggestions to Showfields (“Feedback”), Showfields shall have an exclusive, royalty-free, fully paid up, worldwide, perpetual and irrevocable license to incorporate the Feedback into any Showfields current or future products, technologies or services and use same for any purpose all without further compensation to you and without your approval. You agree that all such Feedback shall be deemed to be non-confidential. Further, you warrant that your Feedback is not subject to any license terms that would purport to require Showfields to comply with any additional obligations with respect to any Showfields current or future products, technologies or services that incorporate any Feedback.

9. Trademarks and Trade names

Showfields’ marks and logos and all other proprietary identifiers used by Showfields in connection with the Services and/or the Store (“Showfields’ Trademarks”) are all trademarks and/or trade names of Showfields, whether or not registered. All other trademarks, service marks, trade names and logos which may appear on the Services and/or in the Store belong to their respective owners (“Third Party Marks”). No right, license, or interest to Showfields’ Trademarks and the Third Party Marks is granted hereunder, and you agree that no such right, license, or interest may be asserted by you with respect thereto and therefore you will avoid using any of those marks, except as permitted herein.

10. Usage Rules

Since you are downloading the App from a third party platform, service provider or distributor (“Platform Provider“) your use of the App may also be governed by usage rules which the Platform Provider may have established and which relate to your use of the App (“Usage Rules“). Certain Usage Rules are described below, but other Usage Rules may apply and it is your responsibility to determine what other Usages Rules are applicable to your use of the App. You undertake to comply with all the applicable Platform Provider's Usage Rules and the Usage Rules applicable to your use of the App are incorporated herein by reference. In the event of a conflict between the Terms and the terms of any applicable Usage Rules, which relates solely to the Platform Provider's representations, warranties, restrictions on use of the App, obligations, limitation of liability (to the extent applicable to the Platform Provider) and/or other provisions that impose any responsibility on the Platform Provider, the terms of the applicable Platform Provider's Usage Rules shall prevail. You represent that you are not prohibited by any applicable laws or Usage Rules from downloading and/or using the App. Any download and/or use of the App by anyone prohibited by any applicable laws or Usage Rules from downloading and/or using the App is expressly prohibited. Apple Inc. The following applies to you if you downloaded the App from the Apple App Store (“Licensed Application“): You acknowledge and agree that (i) the license granted herein is limited to a non-transferable license to use the Licensed Application on an Apple branded device that you own or control, (ii) these Terms are solely between you and the Company, not Apple Inc. (“Apple“), and that Apple has no responsibility for the Licensed Application or content thereof, (iii) your use of the Licensed Application must comply with Usage Rules established by Apple, as set forth in the App Store Terms of Service effective as of the date you enter into these Terms, except that such Licensed Application may be accessed and used by other accounts associated with you via Apple's Family Sharing or volume purchasing; and (iv) Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application. In the event of any failure of the Licensed Application to conform to any applicable warranty, you may notify Apple, and Apple will refund you the purchase price you paid, if any, for the Licensed Application. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Licensed Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms of Use and any law applicable to the Company as provider of the App. The Company and you acknowledge that the Company, and not Apple, is responsible for addressing any claims relating to the Licensed Application or your possession and/or use thereof, including, but not limited to: (i) product liability claims; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation. You acknowledge that, in the event of any third party claim that the Licensed Application or your possession and use thereof infringes that third party's intellectual property rights, the Company, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. You acknowledge and agree that Apple, and Apple's subsidiaries, are third party beneficiaries of these Terms of Use, and that, upon your acceptance of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third party beneficiary thereof.

11. Export Control Laws

The App may be subject to export control laws of the United States and/or may be subject to additional export control laws applicable to the User or in the User's jurisdiction, including, without limitation, the United States. The User agrees that he/she will not ship, transfer, or export the App into any country, or make available or use the App in any manner, prohibited by applicable laws. In addition, the User represents and warrant that (i) he/she is not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) that the User is not listed on any U.S. Government list of prohibited or restricted parties.

12. Special provisions relating to Third Party Components

The App may use or include third party software, files and components that are subject to open source and third party license terms (“Third Party Components“). Your right to use such Third Party Components as part of, or in connection with the App is subject to any applicable acknowledgements and license terms accompanying such Third Party Components, contained therein or related thereto. If there is a conflict between the licensing terms of such Third Party Components and these Terms, the licensing terms of the Third Party Components shall prevail in connection with the related Third Party Components. These Terms do not apply to any Third Party Components accompanying or contained in the App and Showfields disclaims all liability related thereto. You acknowledge that Showfields is not the author, owner or licensor of any Third Party Components, and that Showfields makes no warranties or representations, express or implied, as to the quality, capabilities, operations, performance or suitability of Third Party Components. Under no circumstances shall the App or any portion thereof (except for the Third Party Components contained therein) be deemed to be “open source“ or “publicly available“ software.

13. Linking to Showfields’ Site and links to Third Party Sites

We welcome links to any page on our Site. You are free to establish a hypertext link to the Site so long as the link does not state or imply any connection or approval of your website, products and/or services by Showfields, and does not portray Showfields in a false or otherwise offensive manner. You may not link to our Site from a site that you do not own or have permission to use. In the event that you link to Showfields’ Site you represent that your site does not contain content that is unlawful, offensive or infringing third party rights. However, we do not permit framing or inline linking. Certain links provided in the Site, the App and/or the In-Store Services permit our Users to leave the Site, the App and/or the In-Store Services and enter non-Showfields sites or services. Those linked sites and services are provided solely as a convenience to you. These linked sites and services are not under the control of Showfields and it is not responsible for the availability of such external sites or services and does not endorse and is not responsible or liable for any content including but not limited to content advertising, products or other information on or available from such linked sites and services or any link contained in linked sites or service. In addition, Showfields is not responsible or liable for such linked sites and services' privacy practices and/or any other practices. Your access to, use of and reliance upon any such sites, services and content and your dealings with such third parties are at your sole risk and expense. Showfields reserves the right to terminate any link at any time. You further acknowledge and agree that Showfields shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused, by or in connection with use of or reliance on any services, content, products or other materials available on or through such linked sites or resource. Most of such linked sites and services provide legal documents, including terms of use and privacy policy, governing the use thereof. It is always advisable and we encourage you to read such documents carefully before using those sites and services, inter alia, in order to know what kind of information about you is being collected.

14. Availability

The Services’ availability and functionality depends on various factors, such as communication networks. Showfields does not warrant or guarantee that the Services will operate and/or be available at all times without disruption or interruption, or that it will be immune from unauthorized access or error-free.

15. Changes to the Services

Showfields reserves the right to modify, correct, amend, enhance, improve, make any other changes to, or discontinue, temporarily or permanently the Site, the App and/or the In-Store Services (or any part thereof, including but not limited to the Content) without notice, at any time. In addition, you hereby acknowledge that the Content provided under the Services may be changed, extended in terms of content and form or removed at any time without any notice to you. You agree that Showfields shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services or the Content included therein. You hereby agree that Showfields is not responsible for any errors or malfunctions that may occur in connection with the performance of such changes.

16. Advertisements

The Services may incorporate third-party advertisements. All the information contained in such advertisements and commercials, belongs solely to the applicable third party advertiser and Showfields makes no warranties or representations in respect of such, whether or not it has control over such advertisements or commercials, and these are provided on an “AS IS” basis. We are not responsible for, and we expressly disclaim all warranties regarding, the accuracy, appropriateness, usefulness, safety, or Intellectual Property Rights (defined below) of, or relating to, any third party advertisements or products included in the Services. In any event, we will not be liable for any damage or loss incurred to you as a result of or in connection with such advertisements or commercials, including without limitation your dealings with advertisers and third party vendors found on or through the Services. Showfields may be entitled to certain shares of the earnings from advertisers and/or related third-parties, for incorporating into the Services links to such parties' websites, advertisements and/or commercials. You agree, acknowledge and consent that no right, title or interest is or shall be granted to you in any way with respect to any revenue share whatsoever in relation thereto.

17. Disclaimers and No Warranties

TO THE FULLEST EXTENT LEGALLY PERMISSIBLE, THE SITE, THE APP AND/OR THE IN-STORE SERVICES AND CONTENT ARE PROVIDED ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS, AND SHOWFIELDS, INCLUDING ITS VENDORS, OFFICERS, SHAREHOLDERS, SUB-CONTRACTORS, DIRECTORS, EMPLOYEES, AFFILIATES, SUBSIDIARIES, LICENSORS, AGENTS AND SUPPLIERS (COLLECTIVELY, "SHOWFIELDS' REPRESENTATIVES"), DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS THAT THIS AGREEMENT CANNOT CHANGE. WE NOTE THAT THESE TERMS GOVERN SOLELY THE USE OF THE SERVICES AS DETAILED HEREIN. ALL DISCLAIMERS AND WARRANTIES REGARDING ANY PRODUCTS OR OTHER SERVICES OF SHOWFIELDS AND/OR THE PARTNERS SHALL BE GOVERNED BY THE TERMS AND CONDITIONS REFLECTED IN A SEPARATE SERVICES AGREEMENT BETWEEN SHOWFIELDS AND EACH USER. CONTENT SUPPLIED TO SHOWFIELDS BY THIRD PARTIES, INCLUDING THE PARTNERS, IS NOT VERIFIED BY SHOWFIELDS, AND SUCH THIRD-PARTY CONTENT, DOES NOT BIND SHOWFIELDS IN ANY FORM, WE CANNOT GUARANTEE THE ACCURACY OR COMPLETENESS OF SUCH CONTENT AND WE WILL NOT BE LIABLE IN ANY WAY FOR ANY SUCH THIRD-PARTY CONTENT. IN ANY CASE WHERE SUCH THIRD-PARTY CONTENT CONTRADICTS OR IS INCONSISTENT WITH INFORMATION PROVIDED BY THE PROVIDER OR SELLER OF SUCH GOODS AND/OR SERVICES DIRECTLY, ONLY INFORMATION SUPPLIED BY SUCH PROVIDER DIRECTLY SHALL PREVAIL. WE DO NOT WARRANT (I) THAT THE USE AND OPERATION OF THE SERVICES AND/OR THE CONTENT IS OR WILL BE SECURE, TIMELY, ACCURATE, COMPLETE, UNINTERRUPTED, WITHOUT ERRORS, OR FREE OF VIRUSES, DEFECTS, WORMS, OTHER HARMFUL COMPONENTS OR OTHER PROGRAM LIMITATIONS, (II) THAT WE WILL CORRECT ANY ERRORS OR DEFECTS IN THE SERVICES, (III) AND/OR MAKE ANY REPRESENTATION REGARDING THE USE, INABILITY TO USE OR OPERATE, OR THE RESULTS OF THE USE OF THE SERVICES AND/OR CONTENT AVAILABLE THEREON OR THROUGH THE SERVICES (INCLUDING THAT THE RESULTS OF USING THE SITE WILL MEET YOUR REQUIREMENTS). SHOWFIELDS AND SHOWFIELDS' REPRESENTATIVES DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE USE OF THE SERVICES, INCLUDING BUT NOT LIMITED TO THE AVAILABILITY, RELIABILITY OR THE QUALITY OF THE SERVICES, AND ARE NOT AND SHALL NOT BE RESPONSIBLE FOR ANY ERROR, FAULT OR MISTAKE RELATED TO ANY CONTENT AND/OR INFORMATION DISPLAYED WITHIN THE SERVICES. WE ARE NOT RESPONSIBLE AND HAVE NO LIABILITY FOR ANY ITEM OR SERVICE PROVIDED BY ANY PERSON OR ENTITY OTHER THAN SHOWFIELDS. WE ARE NOT RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR OTHERS THAT MAY RESULT FROM TECHNICAL PROBLEMS (INCLUDING WITHOUT LIMITATION IN CONNECTION WITH THE INTERNET SUCH AS SLOW CONNECTIONS, TRAFFIC CONGESTION, OVERLOAD OF SERVERS, DELAYS OR INTERRUPTIONS) OR ANY TELECOMMUNICATIONS OR INTERNET PROVIDERS. YOU AGREE THAT USE OF THE SERVICES AND/OR THE CONTENT THEREIN IS ENTIRELY AT YOUR OWN RISK. INASMUCH AS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS AS SET FORTH HEREIN, THE FULL EXTENT OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY.

18. Limitation of Liability

TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, IN NO EVENT SHALL SHOWFIELDS, INCLUDING SHOWFIELDS' REPRESENTATIVES BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, CONTRACT, NEGLIGENCE, TORT OR STRICT LIABILITY), INCLUDING, WITHOUT LIMITATION, LOSS OF GOODWILL, PROFITS OR DATA AND BUSINESS INTERRUPTION, ARISING HEREUNDER, RESULTING FROM OR ARISING OUT OF THE SERVICES, AND/OR THE CONTENT, YOUR USE OR INABILITY TO USE THE SERVICES AND/OR THE CONTENT AND/OR THE FAILURE OF THE SERVICES TO PERFORM AS REPRESENTED OR EXPECTED, OR FROM ANY CONTENT, OR FROM THE PERFORMANCE OR FAILURE OF SHOWFIELDS TO PERFORM UNDER THESE TERMS, ANY OTHER ACT OR OMISSION OF SHOWFIELDS OR SHOWFIELDS' REPRESENTATIVES BY ANY OTHER CAUSE WHATSOEVER; OR BASED UPON BREACH OF WARRANTY, GUARANTEE OR CONDITION, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT, OR ANY OTHER LEGAL THEORY, REGARDLESS OF WHETHER SHOWFIELDS OR SHOWFIELDS' REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING AND TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, SHOWFIELDS' AND SHOWFIELDS' REPRESENTATIVES' TOTAL AGGREGATE LIABILITY FOR ALL DAMAGES OR LOSSES WHATSOEVER ARISING HEREUNDER OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE SERVICES AND/OR THE CONTENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU, IF ANY, TO SHOWFIELDS FOR USE OF THE SERVICES OR $US1.00, WHICHEVER IS GREATER. YOU WILL NOT, AND WAIVE ANY RIGHT TO, SEEK TO RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES FROM US AND FROM SHOWFIELDS' REPRESENTATIVES. INASMUCH AS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS AS SET FORTH HEREIN, THE FULL EXTENT OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY.

19. Indemnification

You agree to defend, indemnify and hold harmless Showfields, including Showfields Representatives from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney's fees) arising from: (i) your use, misuse of, inability to use and/or activities in connection with the Services and/or Content; (ii) your violation of any of these Terms; (iii) your violation of any third party rights, including without limitation any intellectual property rights or privacy right of such third party, in connection with your use of the Services; and (iv) any damage of any sort, whether direct, indirect, special or consequential, you may cause to any third party with relation to the Services. It is hereby clarified that this defense and indemnification obligation will survive these Terms. Without derogating from the foregoing, we reserve the right to assume the exclusive defense and control of any matter which is subject to indemnification by you, which will not excuse your indemnity obligations hereunder and in which event you will fully cooperate with us in asserting any available defense. You agree not to settle any matter subject to an indemnification by you without first obtaining our prior express written approval.

20. Amendments to the Terms

Showfields may, at its sole discretion, change the Terms from time to time, including any other policies incorporated thereto, so please re-visit this page frequently. In case of any material change, we will make reasonable efforts to post a clear notice on the Site and/or will send you an e-mail (to the extent that you provided us with such e-mail address) regarding such change. Such material changes will take effect seven (7) days after such notice was provided on our Site or sent via e-mail, whichever is the earlier. Otherwise, all other changes to these Terms are effective as of the stated “Last Revised” date and your continued use of the Site on or after the Last Revised date will constitute acceptance of, and agreement to be bound by, those changes. In the event that the Terms should be amended to comply with any legal requirements, the amendments may take effect immediately, or as required by the law and without any prior notice.

21. Termination of these Terms and the Termination of the Site's operation

At any time, Showfields may without notice discontinue your use of the Services (or any part thereof), at its sole discretion, in addition to any other remedies that may be available to Showfields under any applicable law. Additionally, Showfields may at any time, at its sole discretion, cease the operation of the Services or any part thereof, temporarily or permanently, delete any information or Content from the Services or correct, modify, amend, enhance, improve and make any other changes thereto or discontinue displaying or providing any information, Content or features therein without giving any prior notice. You agree and acknowledge that Showfields does not assume any responsibility with respect to, or in connection with the termination of the Site's operation and loss of any data. The provisions of these Terms that, by their nature and content, must survive the termination of these Terms in order to achieve the fundamental purposes of these Terms shall so survive.

22. Genereal

(a) These Terms constitute the entire terms and conditions between you and Showfields relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and Showfields, (b) any claim relating to the Services or the use thereof will be governed by and interpreted in accordance with the laws of the state of NY, USA without reference to its conflict-of-laws principles and the United Nations Convention Relating to a Uniform Law on the International Sale of Goods may not be applied, (c) any dispute arising out of or related to the Services will be brought in, and you hereby consent to exclusive jurisdiction and venue in, the competent courts of the New-York City, NY, USA. You agree to waive all defenses of lack of personal jurisdiction and forum non-convenience and agree that process may be served in a manner authorized by applicable law or court rule. Notwithstanding the foregoing, Showfields may seek injunctive relief in any court of competent jurisdiction, (d) these Terms do not, and shall not be construed to create any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the parties hereto, (e) no waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof, (f) YOU ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED, (g) if any provision hereof is adjudged by any court of competent jurisdiction to be unenforceable, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect while most nearly adhering to the intent expressed herein, (h) you may not assign or transfer these Terms (including all rights and obligations hereunder) without our prior written consent and any attempt to do so in violation of the foregoing shall be void. We may assign or transfer these Terms without restriction or notification, (i) no amendment hereof will be binding unless in writing and signed by Showfields, and (j) the parties agree that all correspondence relating to these Terms shall be written in the English language.

23. For information, questions or notification of errors, please contact:

If you have any questions (or comments) concerning the Terms, you are most welcome to send us an e-mail to hello@showfields.com.