Thank you for visiting Shoutlet, Inc.’s (“Shoutlet” or “we” or “us”) website, located at http://shoutlet.com/terms (this “Site”). This page sets out the terms and conditions of use (“Terms and Conditions”) that govern your use of this Site and the web applications, tools, and other services that we deploy elsewhere (the “Shoutlet Applications” http://www.shoutlet.com/privacy-policy/). If you do not agree to be bound by the Terms and Conditions, promptly exit this Site. If you have any questions regarding these Terms and Conditions, please email your questions to firstname.lastname@example.org.
SECTION A – USER INFORMATION
SECTION B – OWNERSHIP AND COPYRIGHT
All Shoutlet Applications and pages within this Site and any material made available for download are the property of Shoutlet, its subsidiaries, affiliates, vendors, and/or licensors. The Shoutlet Applications and this Site are protected by United States and international copyright and trademark laws. Any rights not expressly granted herein are reserved.
The contents within the Shoutlet Applications and this Site, including without limitation any materials accessed through or made available for use or download through this Site, are copyrighted and may not be copied, distributed, modified, or used, in whole or in part, without the prior written consent of Shoutlet, except as provided in Section C (License; Restrictions on Use). No part of any content, form, or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution).
You do not acquire ownership rights to any content, document, or other materials viewed through this Site. The posting of information or materials in a Shoutlet Application or on this Site does not constitute a waiver of any right in such information and materials. All software used in a Shoutlet Application or this Site is the property of Shoutlet or its software suppliers and protected by United States and international copyright laws.
SECTION C – LICENSE; RESTRICTIONS ON USE
Shoutlet hereby grants you a limited, nonexclusive, revocable, and non-transferable license to use and access this Site and the Shoutlet Applications deployed by Shoutlet solely for your personal, non-commercial use, provided you retain all copyright and other proprietary notices, and pursuant to the requirements and restrictions of these Terms of and Conditions. You shall not frame or utilize framing techniques to use, surround, or enclose any of Shoutlet’s names, trademarks, service marks, logo, or other proprietary information (including images, text, page layout, or form) of Shoutlet or our affiliates or subsidiaries without Shoutlet’s express written consent. You shall not use any meta tags or any other “hidden text” utilizing Shoutlet’s name or trademarks without the express written consent of Shoutlet.
As a condition of your use of this Site or a Shoutlet Application, you shall not use this Site or a Shoutlet Application for any purpose that is unlawful or prohibited by these Terms and Conditions. You shall not deep-link to this Site or a Shoutlet Application for any purpose without Shoutlet’s prior written consent. If you breach any of these Terms and Conditions, your authorization to use this Site and every Shoutlet Application automatically terminates and you must immediately destroy any downloaded or printed materials. Any rights not expressly granted by these Terms and Conditions are reserved by Shoutlet. If you use this Site or a Shoutlet Application other than as permitted in the license, you will be violating Shoutlet’s copyright and other proprietary rights.
You shall not use or attempt to use any spider, robot, bot, scraper, data miner, or any other program, device, algorithm, process, or methodology to access, acquire, copy, or monitor this Site or a Shoutlet Application, or data or content found therein.
No child under the age of 13 may use this Site or a Shoutlet Application and no parent or legal guardian may agree to these Terms and Conditions on their behalf. If we become aware that a child under 13 has provided or attempted to provide us with personal information, we will use our best efforts to remove the information permanently from our files. If you are under the age of 18 but at least 13 years of age, you may use this Site or a Shoutlet Application only under the supervision of a parent or legal guardian who agrees to be bound by these Terms and Conditions. If you are a parent or legal guardian agreeing to these Terms and Conditions for the benefit of a child between the ages of 13 and 17, be advised that you are fully responsible for his or her use of this Site, including all financial charges and legal liability that he or she may incur.
SECTION D – TRADEMARK NOTICE
Shoutlet is a registered trademark owned by Shoutlet. No Shoutlet trademarks may be used in connection with any product or service that is not Shoutlet’s, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Shoutlet. All other trademarks and logos used in this Site are the trademarks, service marks or logos of their respective owners. Shoutlet does not make any claims to the marks of others that might appear on this Site or a Shoutlet Application. You gain no right to use any marks of Shoutlet or any other entity by virtue of your use of this Site or a Shoutlet Application.
SECTION E – CONFIDENTIAL AND PROPRIETARY
You shall not access or try to access any information through this Site or Shoutlet Application that does not pertain to you or that is not accessible through the normal use of a browser. If you access information about another individual or entity, or otherwise receive information you are not authorized to receive through this Site or a Shoutlet Application, or if you become aware that someone else has accessed or attempted to access information that person was not authorized to receive through this Site or a Shoutlet Application, you shall immediately cease such unauthorized access, notify Shoutlet of the unauthorized access, and assist Shoutlet in identifying and correcting the circumstances that permitted such unauthorized access. You shall keep confidential all information concerning another individual or entity confidential that you received through such unauthorized access, shall not use such information, shall return such information to Shoutlet immediately, and shall not transmit it to any other person or entity.
SECTION F – DISCLAIMER OF WARRANTIES
SHOUTLET DOES NOT WARRANT THAT THIS SITE OR THE SHOUTLET APPLICATIONS WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THIS SITE WILL BE CORRECTED, OR THAT THIS SITE, THE SHOUTLET APPLICATIONS OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT, THE SHOUTLET APPLICATIONS, AND ANY RELATED SERVICES, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS. SHOUTLET MAKES NO REPRESENTATIONS OR WARRANTIES AND SPECIFICALLY DISCLAIMS ANY SUCH WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
SHOUTLET SPECIFICALLY DISCLAIMS ALL LIABILITY FOR ERRORS OR OMISSIONS IN, OR THE MISUSE OR MISINTERPRETATION OF, ANY INFORMATION OBTAINED THROUGH THIS SITE OR THE SHOUTLET APPLICATIONS. SHOUTLET DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THIS SITE OR THE SHOUTLET APPLICATIONS.
SHOUTLET DOES NOT WARRANT THAT ANY FILES IT MAKES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER MALWARE. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACKUP AND SECURITY. YOU AGREE THAT SHOUTLET WILL NOT BE LIABLE FOR ANY COSTS OR DAMAGES ARISING DIRECTLY OF INDIRECTLY FROM ANY SUCH CODE. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, THE SHOUTLET APPLICATIONS, AND THE INTERNET, INCLUDING ANY SITE-RELATED SERVICES, AND HYPERLINKED WEBSITES.
NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SHOUTLET OR SHOUTLET’S AUTHORIZED REPRESENTATIVES CREATES A WARRANTY OR INCREASES THE SCOPE OF ANY WARRANTY.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
SECTION G – VIOLATION OF THE TERMS AND CONDITIONS
In Shoutlet’s sole discretion, and without prior notice, Shoutlet may terminate your access to this Site or exercise any other remedy available and remove any unauthorized user information or content, if Shoutlet believes that you have (i) violated these Terms and Conditions, (ii) infringed the rights of Shoutlet or a third party, (iii) violated the law, or (iv) acted or conducted yourself in an offensive or inappropriate manner or submitted materials or information that is offensive, malicious, or inappropriate. You agree that monetary damages may not provide a sufficient remedy to Shoutlet for violations of these Terms and Conditions, and you consent to injunctive or other equitable relief for such violations.
SECTION H – LIMITATION OF LIABILITY REGARDING USE OF SITE
SHOUTLET AND ITS SUBSIDIARIES, AFFILIATES, VENDORS AND/OR LICENSORS AND OTHER THIRD PARTIES MENTIONED ON THIS SITE OR SHOUTLET APPLICATION ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY INJURIES, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING TO (I) THIS SITE OR SHOUTLET APPLICATION, (II) INABILITY TO USE THIS SITE, SHOUTLET APPLICATION, OR RELATED SERVICE, CONTENT OR INFORMATION, (III) ANY HYPERLINKED WEBSITE, (IV) ANY DEFECT IN THIS SITE OR SHOUTLET APPLICATION OR THEIR RESPECTIVE CONTENT, OR (V) ANY BREACH OF THESE TERMS AND CONDITIONS. THIS LIMITATION APPLIES REGARDLESS OF WHETHER (A) THE ALLEGED CLAIMS OR DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND (B) SHOUTLET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS SITE, THE SHOUTLET APPLICATIONS, RELATED SERVICES AND CONTENT, AND HYPERLINKED WEBSITES IS TO STOP USING THIS SITE, THE SHOUTLET APPLICATIONS, AND/OR THOSE RELATED SERVICES AND CONTENT. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. IF THE EXCLUSION OF WARRANTY OR LIMITATION OF LIABILITY IS HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN THE MAXIMUM LIABILITY OF SHOUTLET (AND ITS SUBSIDIARIES, AFFILIATES, VENDORS AND/OR LICENSORS AND OTHER THIRD PARTIES MENTIONED ON THIS SITE OR SHOUTLET APPLICATION) FOR ALL DAMAGES WILL NOT EXCEED THE AMOUNT OF FEES THAT YOU HAVE PAID SHOUTLET IN THE THEN-PREVIOUS 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE LIABILITY.
SECTION I – INDEMNITY
You shall indemnify and hold Shoutlet and its subsidiaries, affiliates, officers, agents, vendors, licensors, and other partners and employees, harmless from any loss, liability, injury (including injuries resulting in death), claim, or demand, including reasonable attorneys’ fees and costs, of any kind due to, arising out of, or relating to, your use of this Site, the Shoutlet Applications, or related services and content, including also your use of this Site to provide a link to another site or to upload content or other information to this Site, or your breach of these Terms and Conditions.
SECTION J – ACCURACY AND INTEGRITY OF INFORMATION
Although Shoutlet attempts to ensure the integrity and accurateness of this Site and the Shoutlet Applications, it makes no guarantees as to their correctness or accuracy. It is possible that this Site and the Shoutlet Applications could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions, and alterations could be made by third parties. In the event that an inaccuracy arises, please inform Shoutlet so that it can be corrected. Information contained on this Site or the Shoutlet Applications may be changed or updated without notice.
SECTION K – DIGITAL MILLENNIUM COPYRIGHT ACT POLICY
As provided in the Digital Millennium Copyright Act (DMCA), we have designated the following individual for notification of potential copyright infringement regarding this Site: Aaron Everson, Shoutlet, Inc., 1 Erdman Place, Suite 102, Madison, WI 53717; email@example.com, tel. +1 (608) 833-0088, fax +1 (608) 833-9029.
If you believe any service or user content available through this Site infringes a copyright, please provide the following information to the person identified above (17 U.S.C. 512):
A physical or electronic signature of the copyright owner or authorized agent;
Identification of the copyrighted work(s) claimed to have been infringed;
Identification of the material that is claimed to be infringing or to be the subject of the infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
Information regarding how we may contact you (e.g., mailing address, telephone number, e-mail address);
A statement that the copyright owner or its authorized agent has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate and made under penalty of perjury, and, if an agent is providing the notification, a statement that the agent is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
SECTION L – LINKS OR POINTERS TO OTHER SITES
SECTION M – ADVERTISING
This Site and the Shoutlet Applications may contain advertisements or sponsorships. The advertisers and sponsors are solely responsible for ensuring that the materials submitted for inclusion on this Site and the Shoutlet Applications are accurate and comply with all applicable laws. Shoutlet is not responsible for the acts or omissions of any advertiser or sponsor.
SECTION N – TERMINATION
Shoutlet reserves the right, in its sole discretion and without liability to you, to change, suspend, or terminate your access to all or part of this Site or discontinue any aspect of this Site, with or without cause, and with or without notice.
SECTION O – CHOICE OF LAW AND VENUE
This Site and the Shoutlet Applications are controlled by Shoutlet from its offices within the State of Wisconsin of the United States of America. By accessing this Site, you agree that the statutes and laws of the State of Wisconsin apply to all matters related to these Terms and Conditions and the use of this Site and the Shoutlet Applications, without regard to conflicts of laws or principles thereof. Each party also hereby submits to the personal jurisdiction and exclusive venue of the state and federal courts located in Dane County, Wisconsin, and waives any jurisdictional, venue, or inconvenient forum objections to such courts.
SECTION P – INTERNATIONAL USE
By choosing to access this Site or a Shoutlet Application from any location other than the United States, you accept full responsibility for compliance with all applicable local laws. Shoutlet makes no representation that materials on this Site or the Shoutlet Applications are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. You shall not use, export or re-export any materials from this Site or the Shoutlet Applications in violation of any applicable laws or regulations, including, but not limited to, any United States export laws and regulations.
SECTION Q – SEVERABILITY
In the event that any of these Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions will be limited or eliminated to the minimum extent necessary so that these Terms and Conditions otherwise remain in full force and effect.
SECTION R – ENTIRE AGREEMENT AND CHANGES
These Terms and Conditions constitute the entire agreement between Shoutlet and you pertaining to the subject matter hereof. In its sole discretion, Shoutlet may from time to time revise these Terms and Conditions by updating this posting. You should, therefore, periodically visit this page to review the current Terms and Conditions, so you are aware of any such revisions. Certain provisions of these Terms and Conditions may be superseded by expressly designated legal notices or terms located on particular pages within this Site.
Effective Date of this Policy: October 10, 2011.