Thank you for using the Showdown App platform, services and features (collectively, the “Service”).
The Service allows you to discover, watch and share videos and provides a platform for people to connect, inform, and inspire others across the globe through competitions, feuds, challenges, debates, and camaraderie.
The Service is brought to you by Feud with Friends LLC, a Texas limited liability company (“FWF”).
Your use of the Service is subject to the terms listed below, which may be updated from time to time (together, this "Agreement"). Any other links or references provided in these terms are for informational use only and are not part of the Agreement.
Please read this Agreement carefully and make sure you understand it. If you do not understand the Agreement, or do not accept any part of it, then you may not use the Service.
If you are under 18, you represent that you have your parent or guardian’s permission to use the Service. Please have them read this Agreement with you.
If you are a parent or legal guardian of a user under the age of 18, by allowing your child to use the Service, you are subject to the terms of this Agreement and responsible for your child’s activity on the Service.
If you are using the Service on behalf of a company or organization, you represent that you have authority to act on behalf of that entity, and that such entity accepts this Agreement.
The content on the Service includes videos, challenges, brackets, audio (for example music, instruments, and other sounds), graphics, photos, text (such as comments and scripts), branding (including trade names, trademarks, service marks, or logos), interactive features, software, metrics, and other materials whether provided by you, FWF or a third-party (collectively, "Content”).
Content is the responsibility of the person or entity that provides it to the Service. FWF is under no obligation to host or serve Content. If you see any Content you believe does not comply with this Agreement, including by violating the terms of this Agreement, please notify FWF immediately.
Creating a Showdown App account will give you access to additional features and functions, such as uploading Content, create various Content types and structures, connecting with other Users, comment and vote on Content, and other activities as made available through the Service.
To protect your Showdown App account, keep your password confidential. You should not reuse your Showdown App account password on third-party applications.
In the course of engaging with the Service, you may provide personal information about you and/or your contacts. Personal information is often, but not exclusively provided to us when you sign up for the Service, consult with our Customer Service team, send us an email or other social media message, integrate the Service with another website or service, or communicate with us in any other way. By providing this information, you agree to this information being collected, used and disclosed as described below.
We collect information about your activity in the Service, which we use to understand how our Users use the Service, and to monitor and protect the security of the Service. The activity information we collect may include:
The information provided will be used to better deliver the Service, like processing terms searched for in order to return results or better share content by suggesting Users and ensuring our Service is functioning properly per reported troubleshooting issues.
We use information for analytics and measurement to understand how the Service is used. For example, we analyze information about your visits to the Service to do things like optimize product design and user interaction. Additionally, information about the advertisements you interact with is used to help advertisers understand the performance of their ad campaigns.
We do not share your personal information with companies, organizations, or individuals outside of FWF except in the following cases:
If the Showdown App is involved in a merger, acquisition, or sale of assets, we’ll continue to ensure the confidentiality of your personal information and give affected Users notice before personal information is transferred or becomes subject to a different privacy policy.
You may access and use the Service as made available to you, as long as you comply with this Agreement and applicable law. You may view or listen to Content for your personal, non-commercial use. You may also show FWF videos through the embeddable Showdown App player.
The following restrictions apply to your use of the Service. You are not allowed to:
Using the Service does not give you ownership of or rights to any aspect of the Service, including usernames or any other Content posted by others or FWF.
FWF is constantly changing and improving the Service. We may also need to alter or discontinue the Service, or any part of it, in order to make performance or security improvements, change functionality and features, make changes to comply with law, or prevent illegal activities on or abuse of our systems. These changes may affect all Users, some Users or even an individual user. Whenever reasonably possible, we will provide notice when we discontinue or make material changes to our Service that will have an adverse impact on the use of our Service. However, you understand and agree that there will be times when we make such changes without notice, such as where we feel we need to take action to improve the security and operability of our Service, prevent abuse, or comply with legal requirements.
If you have an Showdown App account, you may be able to upload Content to the Service. You may use your Content to promote your business or artistic enterprise.
If you choose to upload Content, you must not submit to the Service any Content that does not comply with this Agreement (as set forth below) or the law. You are legally responsible for the Content you submit to the Service. We may use automated systems that analyze your Content to help detect infringement and abuse, such as spam, malware, and illegal content. The Content you submit must not include any of the following:
You acknowledge that if FWF determines that your content has met one or more of the above restrictions, your content may be removed by FWF.
You retain ownership rights in your Content. However, we do require you to grant certain rights to FWF and other Users of the Service, as described below.
By providing Content to the Service, you grant FWF a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use that Content (including to reproduce, distribute, prepare derivative works, display and perform it) in connection with the Service and FWF’s (and its successors' and Affiliates') business, including for the purpose of promoting and redistributing part or all of the Service.
You also grant each other user of the Service a worldwide, non-exclusive, royalty-free license to access your Content through the Service, and to use that Content, including to reproduce, distribute, prepare derivative works, display, and perform it, only as enabled by a feature of the Service (such as video playback or embeds). For clarity, this license does not grant any rights or permissions for a user to make use of your Content independent of the Service.
The licenses granted by you continue for a commercially reasonable period of time after you remove or delete your Content from the Service. You understand and agree, however, that FWF may retain, but not display, distribute, or perform, server copies of your videos that have been removed or deleted.
If we reasonably believe that any Content is in breach of this Agreement or may cause harm to FWF, our Users, or third parties, we may remove or take down that Content in our discretion. We will notify you with the reason for our action unless we reasonably believe that to do so: (a) would breach the law or the direction of a legal enforcement authority or would otherwise risk legal liability for FWF or our Affiliates; (b) would compromise an investigation or the integrity or operation of the Service; or (c) would cause harm to any user, other third party, FWF or our Affiliates.
You may stop using the Service at any time through the Service.
FWF may suspend or terminate your access, your Showdown App account, or your Showdown App account’s access to all or part of the Service if (a) you materially or repeatedly breach this Agreement; (b) we are required to do so to comply with a legal requirement or a court order; or (c) we believe there has been conduct that creates (or could create) liability or harm to any user, other third party, FWF or our Affiliates.
FWF may terminate your access, or your Showdown App account’s access to all or part of the Service if FWF believes, in its sole discretion, that provision of the Service to you is no longer commercially viable.
We will notify you with the reason for termination or suspension by FWF unless we reasonably believe that to do so: (a) would violate the law or the direction of a legal enforcement authority, or would otherwise risk legal liability for FWF or our Affiliates; (b) would compromise an investigation or the integrity or operation of the Service; or (c) would cause harm to any user, other third party, FWF or our Affiliates. Where FWF is terminating your access for Service changes, where reasonably possible, you will be provided with sufficient time to export your Content from the Service.
OTHER THAN AS EXPRESSLY STATED IN THIS AGREEMENT OR AS REQUIRED BY LAW, THE SERVICE IS PROVIDED “AS IS” AND FWF DOES NOT MAKE ANY SPECIFIC COMMITMENTS OR WARRANTIES ABOUT THE SERVICE. FOR EXAMPLE, WE DON’T MAKE ANY WARRANTIES ABOUT: (A) THE CONTENT PROVIDED THROUGH THE SERVICE; (B) THE SPECIFIC FEATURES OF THE SERVICE, OR ITS ACCURACY, RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS; OR (C) THAT ANY CONTENT YOU SUBMIT WILL BE ACCESSIBLE ON THE SERVICE.
EXCEPT AS REQUIRED BY APPLICABLE LAW, FWF, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS WILL NOT BE RESPONSIBLE FOR ANY LOSS OF PROFITS, REVENUES, BUSINESS OPPORTUNITIES, GOODWILL, OR ANTICIPATED SAVINGS; LOSS OR CORRUPTION OF INFORMATION; INDIRECT OR CONSEQUENTIAL LOSS; PUNITIVE DAMAGES CAUSED BY:
THIS PROVISION APPLIES TO ANY AND ALL CLAIMS, REGARDLESS OF WHETHER A CLAIM ASSERTED IS BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY.
FWF AND ITS AFFILIATES’ TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATING TO THE SERVICE IS LIMITED TO $250.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS FWF, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, OBLIGATIONS, LOSSES, LIABILITIES, COSTS OR DEBT, AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEY'S FEES) ARISING FROM: (I) YOUR USE OF AND ACCESS TO THE SERVICE; (II) YOUR VIOLATION OF ANY TERM OF THIS AGREEMENT; (III) YOUR VIOLATION OF ANY THIRD PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY COPYRIGHT, PROPERTY, OR PRIVACY RIGHT; OR (IV) ANY CLAIM THAT YOUR CONTENT CAUSED DAMAGE TO A THIRD PARTY. THIS DEFENSE AND INDEMNIFICATION OBLIGATION WILL SURVIVE THIS AGREEMENT AND YOUR USE OF THE SERVICE.
The Service may contain links to third-party websites and online services that are not owned or controlled by FWF. FWF has no control over, and assumes no responsibility for, such websites and online services.
ACCORDINGLY, YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS FWF, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, OBLIGATIONS, LOSSES, LIABILITIES, COSTS OR DEBT, AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEY'S FEES) ARISING FROM THE USE OF ANY THIRD PARTY WEBSITES AND ONLINE SERVICES THAT ARE NOT OWNED OR CONTROLLED BY FWF.
Be aware when you leave the Service; we suggest you read the terms and privacy policy of each third-party website and online service that you visit.
We may modify this Agreement from time to time to reflect changes to our Service or for legal, regulatory, or security reasons. FWF will provide reasonable advance notice of any material modifications to this Agreement and the opportunity to review them, except that modifications addressing newly available features of the Service or modifications made for legal reasons may be effective immediately without notice. Modifications to this Agreement will only apply going forward. If you do not agree to the modified terms, you should remove any Content you have uploaded and discontinue your use of the Service.
If your use of the Service ends, the following terms of this Agreement will continue to apply to you: “Other Legal Provisions”, “About This Agreement”, and the licenses granted by you will continue as described under “Duration of License”.
If it turns out that a particular term of this Agreement is not enforceable for any reason, this will not affect any other terms.
If you fail to comply with this Agreement and we do not take immediate action, this does not mean that we are giving up any rights that we may have (such as the right to take action in the future).
In these terms, “include” or “including” means “including but not limited to,” and any examples we give are for illustrative purposes.
All claims arising out of or relating to these terms or the Service will be governed by Texas law, except Texas’ conflict of laws rules, and will be litigated exclusively in the federal or state courts of Galveston County, Texas, USA. You and FWF consent to personal jurisdiction in those courts.
YOU AND FWF AGREE THAT ANY CAUSE OF ACTION 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.
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Future Feature - Social Media
You'll be also able to share your favorite TikTok showdowns via Whatsapp, Mail, Text Message, Twitter and Facebook. Coming in the next couple of weeks.