Please read this Agreement carefully before accessing or using the Service. By accessing or using any part of the Service, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Service or use any services. If these terms and conditions are considered an offer by ShoutEm, acceptance is expressly limited to these terms. The Service is available only to individuals who are at least 13 years old.
- Your ShoutEm.nl Account and Site. If you create a social network or mobile application on the Service, you are responsible for maintaining the security of your account and blog, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the blog. You must not describe or assign keywords to your social network in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and ShoutEm may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause ShoutEm liability. You must immediately notify ShoutEm of any unauthorized uses of your social network, your mobile application, your account or any other breaches of security. ShoutEm will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
Responsibility of Contributors. If you operate a social network, operate a mobile application, post material to the Service, post links on the Service, or otherwise make
(or allow any third party to make) material available by means of the Service (any such material, “Content”) or other services, You are entirely responsible for
the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text,
graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not pornographic, libelous or defamatory (more info on what that means), does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
- your social network or mobile application is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, blogs and web sites, and similar unsolicited promotional methods;
- your social network or mobile application is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your social network’s URL or name is not the name of a person other than yourself or company other than your own; and
- you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by social network or otherwise.
- Fees. User agrees to either a one (1) month or twelve (12) month contract agreement with ShoutEm User can opt to upgrade or downgrade their service agreement to any other contract agreement that ShoutEm is currently offering for sale at any time during User's contract term. Any plan downgrades will take effect when your next billing cycle begins. In the case of an upgrade, you will be charged for the difference in the cost of the two contracts over the remainder of the original contract term. At the end of the contract term, the contract will automatically renew indefinitely until explicitly cancelled. Cancellation must be issued via ShoutEm's support addresses. Any cancellation must be done three (3) days prior to the end of the contract term to allow for adequate processing time.
- Chargeback / Refund / Cancellation Policy If you cancel your services, your cancellation takes effect on your next billing cycle. This means we won’t be able to refund you for early contract cancellation. All ShoutEm accounts begin an obligation-free trial which will allow you to evaluate the service. No credit card information is collected to initiate a trial account, and charges will only be applied after explicit account purchase. Please sign up for a monthly payment schedule if you are unsure of how long you will be using the service. If you have a question about charges made to your account, please contact us immediately. If the charges were made in error, we will immediately credit your account or credit card account for the appropriate amount. ShoutEm has a zero tolerance policy for chargebacks. Any customer who disputes a credit card payment that is found to be valid will be permanently blacklisted and barred from use of the Service. Any past due fees and costs will be sent to collections. If our collection efforts fail, unpaid debts will be reported to all available credit reporting agencies. All cancellations must be requested a minimum of 30 days on your monthly billing date.
- Responsibility of Service Visitors. ShoutEm has not reviewed, and cannot review, all of the material, including computer software, posted to the Service, and cannot therefore be responsible for that material’s content, use or effects. By operating the Service, ShoutEm does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Service may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Service may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. ShoutEm disclaims any responsibility for any harm resulting from the use by visitors of the Service, or from any downloading by those visitors of content there posted.
- Content Posted on Other Services. We have not reviewed, and cannot review, all of the material, including computer software, made available through the services and webpages to which ShoutEm.nl links, and that link to ShoutEm.nl. ShoutEm does not have any control over those non-ShoutEm services and webpages, and is not responsible for their contents or their use. By linking to a non-ShoutEm website or webpage, ShoutEm does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. ShoutEm disclaims any responsibility for any harm resulting from your use of non-ShoutEm websites and webpages.
- Copyright Infringement and DMCA Policy. As ShoutEm asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by ShoutEm.nl or any ShoutEm social network or mobile application violates your copyright, you are encouraged to notify ShoutEm in accordance with ShoutEm's Digital Millennium Copyright Act (”DMCA”) Policy. ShoutEm will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of ShoutEm or others, ShoutEm may, in its discretion, terminate or deny access to and use of the Service. In the case of such termination, ShoutEm will have no obligation to provide a refund of any amounts previously paid to ShoutEm.
- Intellectual Property. This Agreement does not transfer from ShoutEm to you any ShoutEm or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with ShoutEm. ShoutEm, ShoutEm, ShoutEm.nl, the ShoutEm.nl logo, and all other trademarks, service marks, graphics and logos used in connection with ShoutEm.nl, or the Service are trademarks or registered trademarks of ShoutEm's licensors. Other trademarks, service marks, graphics and logos used in connection with the Service may be the trademarks of other third parties. Your use of the Service grants you no right or license to reproduce or otherwise use any ShoutEm or third-party trademarks.
- Changes. ShoutEm reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Service following the posting of any changes to this Agreement constitutes acceptance of those changes. ShoutEm may also, in the future, offer new services and/or features through the Service (including, the release of new tools and resources and modification as well as termination of released features). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
- Termination. ShoutEm may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your ShoutEm.nl account (if you have one), you may simply discontinue using the Service. ShoutEm can terminate the Service immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Disclaimer of Warranties. The Service is provided “as is”. ShoutEm and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither ShoutEm nor its suppliers and licensors, makes any warranty that the Service will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Service at your own discretion and risk.
- Limitation of Liability. In no event will ShoutEm, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to ShoutEm under this agreement during the twelve (12) month period prior to the cause of action. ShoutEm shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
- Indemnification. You agree to indemnify and hold harmless ShoutEm, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Service, including but not limited to your violation of this Agreement.
- Miscellaneous. This Agreement constitutes the entire agreement between ShoutEm and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of ShoutEm, or by the posting by ShoutEm of a revised version of this Agreement. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Service will be governed by the laws of the state of New York, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in New York, U.S.A. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in New York, U.S.A, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; ShoutEm may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
Note: This Terms of Service document is available under a Creative Commons Sharealike license. The document is derived from the original work by Automattic Inc., San Francisco, California, authors of the world famous Wordpress.com.