PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SERVICES OFFERED BY SHOUT PLATFORM LIMITED (“SHOUT”). THESE TERMS OF USE SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE SERVICES, FEATURES, CONTENT AND APPLICATIONS PROVIDED BY SHOUT (COLLECTIVELY THE "SERVICE" AND/OR “SERVICES”). {THE TERMS SHOUT; SERVICE AND APP MAY BE USED INTERCHANGEABLY THROUGHOUT THESE TERMS OF USE.}
This is the latest version of the Terms of Use updated on 4th February 2019.
By using our Service in any manner, including but not limited to using and/or interacting with the Shout mobile application (“App”), using the Service and / or accessing Shout websites (“Website”) you agree to all of the terms and conditions contained herein (“Terms of Use”), which also incorporate Shout’s Privacy Policy and all other operating rules, policies and procedures that may be published from time to time on the Website by us, each of which is incorporated by reference and each of which may be updated by Shout from time to time without notice to you. Some services offered through the Service may be subject to additional terms and conditions specified by Shout from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into these Terms of Use by this reference. These Terms of Use apply to all users of the Service, including, without limitation, users who are contributors of content, information, and other materials or services to the App, individual users of the Service, businesses, locations and venues that access the Service, and all users that have a user account on the Service.
“You” and “your” refer to you, as a user of the Service, Shout mobile application and Website. A “user” is someone who accesses, uses, provides content to, browses, scrapes, or in any way interacts with the Shout mobile application and/ or the Website. “We”, “us”, and “our” refer to Shout.
“Content” includes, without limitation, any location information, posts and public announcements, videos, audio clips, comments, information, data, text, photographs, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible by Shout on or through the Service.
Content added, created, uploaded, submitted, distributed, posted or otherwise obtained through the Service by users, including Content that is added to the Service in connection with users linking their accounts to third party websites and services, is collectively referred to as “User Content”.
These Terms of Use will be only available in English language. The English version of these Terms of Use govern your relationship with Shout.
Shout may modify the Terms from time to time. The most current version of these Terms will be located on our Website – https://shout-app.com. You understand and agree that your access to or use of the Service is governed by the Terms of Use effective at the time of your access to or use of the Service. If we release a new version of these Terms, we will notify you by e-mail or by posting a notice on the Website prior to the effective date of the changes. We will also indicate at the top of this page the date that revisions were last made. You should revisit these Terms on a regular basis as revised versions will be binding on you. Any such modification will be effective upon our posting of the new Terms. You understand and agree that your continued access to, or use of, the Services after the effective date of modifications to the Terms indicates your acceptance of the modifications.
These Terms of Use govern your use of the Services provided by Shout, which are chosen by you, solely for your own use, and not for the use or benefit of any third party. Services shall include, but not be limited to, any services Shout performs for you, any mobile and web applications offered by Shout, or offering of any materials displayed or performed on or through the Services, including the Content, Your Content, and User Content subject to the terms under the “Content” section below.
You represent and warrant that if you are an individual, you are of legal age to form a binding contract, or that if you are registering on behalf of an entity, that you are authorised to enter into, and bind the entity to, these Terms of Use and register for the Service. The Service is not available to individuals who are younger than 13 years old. Shout may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Terms of Use are in compliance with all laws, rules and regulations applicable to you and the right to access the Service is revoked where these Terms of Use or use of the Service is prohibited and, in such circumstances, you agree not to use or access the Website or Services in any way.
We grant you permission to use the App subject to the restrictions in these Terms of Use. Your use of the App and Services is at your own risk, including the risk that you might be exposed to Content (or User Content) that is offensive, indecent, inaccurate, objectionable, or inappropriate in some other way.
We may modify, update, interrupt, suspend or discontinue the App or Services at any time, without notice or liability.
You may partly use the App without registering, but as a condition to using certain aspects of the App, you must create an account and provide certain information about yourself. You are responsible for maintaining the confidentiality of your account password. You are also responsible for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorised use of your account. We reserve the right to close your account at any time for any reason.
We ask that you provide complete and accurate information about yourself when creating your account. You may not impersonate someone else (e.g., create an account with a user name that is the name of another person with the intent to impersonate that person), create or use an account for anyone other than yourself, provide an e-mail address other than your own, or create an account with a user name that is vulgar, offensive or otherwise unlawful. If you use a pseudonym, take care to note that others may still be able to identify you if, for example, you include identifying information in your comments, use the same account information on other sites, or allow other sites to share information about you with Shout. Please read our Privacy Policy for more information.
Please be aware that your carrier’s normal rates and fees, such as text messaging and data charges, will still apply when using Shout, its Services and the App.
All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. Shout cannot guarantee the authenticity of any Content or data which users may provide about themselves. Shout will not be liable for any errors or omissions in any Content. You acknowledge that all Content accessed by you using the Service is at your own risk. You agree that you will be solely responsible and liable for any damage or loss to you or any other party resulting your use of the Service. We cannot guarantee the identity of any other users with whom you may interact in the course of using the Service.
The Service contains Content specifically provided by Shout or its partners and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws, as applicable. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Service. Subject to these Terms of Use, Shout grants each user of the Website and/or Service a worldwide, non-exclusive, non-sub licensable and non-transferable license to use, modify and reproduce the Content, solely for personal, non-commercial use. Use, reproduction, modification, distribution or storage of any Content for other than personal, non-commercial use is expressly prohibited without prior written permission from Shout, or from the copyright holder identified in such Content’s copyright notice, as applicable. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial (whether or not for profit) use or in any way that violates any third party right.
We may use your User Content in a number of ways, including, but not limited to publicly displaying it, reformatting it, incorporating it into marketing materials, advertisements and other works, re-using it to create other content from it, promoting it, distributing it, and allowing other users to do the same in connection with their own websites, media platforms, services and applications.
By submitting User Content on the App or in any other way through the Service, you grant Shout a worldwide, non-exclusive, royalty-free, fully paid, sub licensable and transferable license to use, copy, edit, modify, reproduce, distribute, re-use to create other content, display, perform, and otherwise fully exploit the User Content in connection with the Service and Shout’s (and its successors and assigns') business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds). You also grant each user of the Service, including third parties, a non-exclusive license to access your User Content through the Service, and to use, edit, modify, reproduce, distribute, re-use to create other content, display and perform such User Content in connection with their use of the Service and third party services. For the avoidance of doubt, this does not affect your other ownership or license rights which you may have in relation to your User Content.
You represent and warrant that you have all rights to grant such license to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.
When you delete your User Content, it will be removed from the Service. However, you understand that any removed User Content may persist in backup copies for a limited period of time of up to two weeks, or may remain with users who have previously accessed or downloaded your User Content.
User Content (including any submissions that may have been created by users employed or contracted by Shout) do not necessarily reflect the opinion of Shout. We reserve the right to remove, screen, edit, or reinstate User Content from time to time at our sole discretion for any reason or no reason, and without notice to you. For example, we may remove content if we believe it violates our Terms of Use. We have no obligation to retain or provide you with copies of your User Content, nor do we guarantee any confidentiality with respect to your User Content.
The Service may permit you to link to other websites, services or resources on the Internet (“Third Party Sites and Services”). In addition, certain third party sites may have a link to the App. When you access Third Party Sites and Services, you do so at your own risk. We are not in control over and are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of these Third Party Sites and Services. We do not endorse such linked Third Party Sites and Services. We 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 the use of or reliance on any such Content, goods or services available on or through any such Third Party Sites and Services.
You agree not to use the Service for any purpose that is prohibited by these Terms of Use. You should abide by all applicable local, regional, national and international laws and regulations and, if you represent a business, any advertising, marketing, privacy, or other self-regulatory code(s) applicable to your industry.
You should not distribute any Content through the Service, which (without limitation):
In addition, you shall not (directly or indirectly):
We do not guarantee that any Content or User Content (as defined above) will be made available on the App or through the Service. We have limited obligation to monitor the Apps, Website or Services. We have the right to remove, suspend or block any User Content from the Service and the right to remove, suspend, edit or modify any Content in our sole discretion, including without limitation any User Content at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated these Terms of Use), or for no reason at all. Shout also reserves the right to access, read, preserve, and disclose any information as Shout reasonably believes is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of Use, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Shout, its users and the public.
If you are a Business User and have a “Business Account” on the Service, you also agree to the following:
Shout may terminate your access to all or any part of the Service at any time, with reasonable cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your user account, including User Content. All provisions of these Terms of Use which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You acknowledge that Shout has no control over, and no duty to take any action regarding: which users gain access to the Service; what Content you access via the Service; what effects the Content may have on you; how you may interpret or use other Users Content; or what actions you may take as a result of having been exposed to the Content.
You release Shout from all liability for you having acquired or not acquired User Content through the Service. The Service may contain, or direct you to websites containing, information that some people may find inappropriate. Shout makes no representations concerning any Content contained in or accessed through the Service, and Shout will not be responsible or liable for the accuracy, legality or decency of material contained in or accessed through the Service.
You release us from all liability relating to your connections and relationships with other users. You understand that we do not, in any way, screen users, nor do we inquire into the backgrounds of users or attempt to verify their backgrounds or statements. We make no representations or warranties as to the conduct of users or the veracity of any information users provide. In no event shall we be liable for any damages, whether direct, indirect, general, special, compensatory, consequential, and/ or incidental, arising out of or relating to the conduct of you or anyone else in connection with the Services, including, without limitation, bodily injury, emotional distress, and any damages resulting in any way from communications or meetings with users you may otherwise meet through the Services. As such, you agree to take reasonable precautions and exercise the utmost personal care in all interactions with any individual you come into contact with through the Services, in particular if you choose to meet with someone in person who you have communicated with solely through the platform.
THE APPLICATION’S SERVICE AND ALL CONTENT ON THE PLATFORM IS PROVIDED “AS IS”, “AS AVAILABLE” AND WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF USAGE OR PERFORMANCE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED, EXCEPT TO THE EXTENT REQUIRED BY LAW.
SHOUT, AND ITS DIRECTORS, EMPLOYEES, REPRESENTATIVES, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE APP, SERVICE AND CONTENT IS SOLELY AT YOUR OWN RISK.
You shall defend, indemnify Shout, its affiliates and each of its employees, contractors, directors, suppliers and representatives for losses, costs, actions, claims, damages, expenses (including reasonable legal costs) or liabilities, that arise from or relate to your use or misuse of, or access to, the Website, Service, Content or otherwise from your User Content, violation of these Terms of Use, or infringement by you, or any third party using the your account, of any intellectual property or other right of any person or entity (except to the extent that a court of competent jurisdiction holds that such claim arose due to an act or omission of Shout). Shout reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Shout in asserting any available defence.
ALL LIABILITY OF SHOUT, ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS HOWSOEVER ARISING FOR ANY LOSS SUFFERED AS A RESULT OF YOUR USE THE SITE, SERVICE, CONTENT, USER SUBMISSIONS IS EXPRESSLY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW, UNLESS, A COURT OF COMPETENT JURISDICTION DETERMINES THAT LIABILITY OF SHOUT, ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS HAS ARISEN, THE TOTAL OF SUCH LIABILITY.
TO THE MAXIMUM EXTENT PERMITTED BY THE LAW, IN NO EVENT SHALL SHOUT, OR ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY OR OTHERWISE WITH RESPECT TO THE SITE, SERVICE, CONTENT, USER FOR:
NOTHING IN THESE TERMS OF USE SHALL BE DEEMED TO EXCLUDE OR LIMIT YOUR LIABILITY IN RESPECT OF ANY INDEMNITY GIVEN BY YOU UNDER THESE TERMS OF USE.
These Terms of Use and any disputes or claims arising out of or in connection with it shall be governed by, and construed in accordance with, the laws of England. All disputes or claims arising out of or relating to these Terms of Use shall be subject to the exclusive jurisdiction of the English Courts to which the Parties irrevocably submit.
These Terms of Use detail the agreement between you and Shout with respect to the Service and subsequent use of the Site, Service, Content, User Content and supersede all prior or concurrent communications and proposals (whether oral, written or electronic) between you and Shout. If any provision of these Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Use will otherwise remain in full effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms of Use to be binding, Shout must provide you with e-mail notice of such waiver through one of its authorised representatives.
In respect of users located in the EEA who wish to receive Services, and/or provide User Content, and/or provide or access Content via the Website, such users may have a right to cancel these Terms of Use under the European Distance Selling Directive (97/7/EC) (“Directive”) within 7 days of accepting these Terms of Use solely to the extent such right applies under the Directive to such users, save that if such right to cancel applies, it shall cease to exist from the time of actual use of the Services, and/ or provision of the User Content, and/ or provision or access of Content via the App and/ or Services by such users.
Shout will not be liable for any failure to perform its obligations hereunder, if such failures arise from causes beyond Shout’s reasonable control.
These Terms of Use are personal to you, and are not assignable or transferable to any other parties by you.
No joint venture, partnership, or employment relationship is created as a result of these Terms of Use and neither party has the ability to bind the other into such relationships.
All notices of changes to these Terms of Use will be in writing and will be duly distributed electronically, by transmit of e-mail or by posting a notice on the Service prior to the effective date of the changes.
With the respect of users located in the EEA and/ or Australia, nothing in these Terms of Use shall be deemed to grant rights or benefits to any person, other than us and you, or permit any third party to enforce provisions hereof, and we and you agree that we do not intend that any provision of these Terms of Use should be enforceable by a third party by virtue of the Contracts (Rights of Third Parties) Act 1999.
For further information, you may contact Shout Platform Ltd. Either via email: info@shout-app.com or at our business address: Tech Incubator, Oxford Road, Manchester M1 7ED.