In some instances, both these Terms and separate terms of service or guidelines document setting forth additional conditions may apply to a Service or product offered via the Site (“Additional Terms”). To the extent there is a conflict between these Terms and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise.
You hereby represent and warrant to the Company that You are at least 18 years of age or above and are capable of entering, performing and adhering to these Terms and that You agree to be bound by the following terms and conditions.
For individuals under the age of 18, your parent or legal guardian has approved your participation on this Site and has read and agreed to these Terms on your behalf and You hold and will continue to hold all rights necessary to enter into and perform your obligations under these Terms.
You agree to register prior to uploading any content and/or comment and any other use or services of this Site and provide your details including but not limited to complete name, age, email address, residential address, contact number.
You agree and undertake that You shall be solely responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed to access and use the Site. You also agree to comply with all the rules, laws and regulations that are applicable to use the Site, including but without limiting to those governing your transmission or use of any software or data. In case where individuals are below 18 years of age and are operating under their parent/legal guidance, such parent/legal guidance agrees to the abovementioned undertaking.
Ownership of Site Materials:
Unless otherwise stated, copyright and all intellectual property rights in all materials presented on the Site (including but not limited to text, audio, video, graphical images, designs, illustrations, wallpapers, games, contests, voting technology, applications, widgets, artwork, information, data, compilations, advertising copy, logos, domain names, SHOUT! logos, trademarks, and service marks, and any other SHOUT! product and service names that are trade identities of SHOUT! (the “SHOUT! Marks”); any and all copyrightable material (including source and object code); the “look and feel” of the Site; the compilation, assembly and arrangement of the Site and all other materials related to the Site (collectively, the “Materials”) are property of SHOUT!, its parent, affiliates and associates (subject to the rights of our licensors and licensees, etc under applicable agreements, understandings and arrangements) and are protected under applicable Indian laws. You agree not to use any framing techniques to enclose any trade mark or logo or other proprietary notice or any credit-line or data-line on other mark or source identifier included on the Site/Service, including without limitation, the size, colour, location or style of all proprietary marks without the prior written authorization of SHOUT!. Any infringement shall be vigorously defended and pursued to the fullest extent permitted by law.
You acknowledge and agree that You will not directly or indirectly, contest, challenge, aid or abet in contesting or challenging the validity or ownership of the Materials or take any action derogating the rights of the SHOUT! therein. You acknowledge and agree that You will not acquire or claim any rights in the Materials or aid or abet anyone else in doing so.
Limited Use of the Content:
You are hereby granted a limited, personal, non-exclusive, non-commercial, revocable and non-transferable license/ permit to use the Site. This license/permit is subject to your full compliance with these Terms. When you use the Materials, You agree to keep intact all copyright and other proprietary notices; make no modifications/alterations to the Materials; not allow/assist any third party to copy or adapt any object code associated with the Site or reverse engineer, modify or attempt to discover any code associated with the Site. You must not retain any copies of these pages saved to disk or any other storage medium except for viewing them. You hereby agree not to resell or put the Site or any part of the Site to commercial use. You agree not to collect and use any of the product listings, descriptions or prices available on the Site; put the Site or any of its content for derivate use. You are prohibited from and You agree not to download or copy any account information for the benefit of any other merchant. You also agree not to rent, lease or otherwise transfer any of the rights of the Site/Service displaying the name, logo, trademark or other identifier of another person in a manner to make the viewer believe that such other person is a publisher or distributor or associated in any other manner with the Site/Service or any data gathering or extraction tools or any use of meta tags.
You are not allowed to and You agree not to whether directly or indirectly create a database in electronic or structured manual form by downloading and storing all or any part of the pages from the Site in any manner whatsoever. No part of the Site or any of its pages or parts of it be reproduced or transmitted to or stored in any other website or be disseminated in any electronic or non-electronic form. Nothing in these Terms will be interpreted to grant You any right or license to enter into sublicenses or redistribution agreement with respect to any of the content or Materials of the Site or otherwise to rent, sell, lease, loan, transfer, assign, broadcast upload to any of the computers or wireless devices, sublicense, distribute or allow to access to the Materials unless a prior written consent from the relevant authority of the Company is obtained.
Content Submitted by You:
This Site may provide you with a platform and opportunity to participate in message boards, chat rooms, to submit posts, articles, display, transmit, perform, publish, distribute or broadcast content and materials on the Site, including, without limitation, comments, ideas, reviews, suggestions and other content (collectively “User Content”).
You agree that SHOUT! reserves its rights to delete, edit, re-format, move, alter, modify, distort or refuse to exploit the User Content at any time without serving any notice or being liable to You or any other party. You also agree that the User Content may not be maintained on the Site by us for any period and that We may delete it any time.
You agree that your User Content is your responsibility wholly and solely and that SHOUT! is not responsible for all the User Content that You have uploaded, posted, e-mailed, transmitted or otherwise made available on the Site. SHOUT! shall under no circumstances be liable, responsible for any User Content including but not limited to any errors, omissions in the User Content or for any loss or damage of any kind that may incur due to such User Content. You agree that if You post personal information on the such areas of the Site that are publicly available, in such cases You may receive unsolicited messages from third parties and that SHOUT! shall have no responsibility or liability in such events.
In addition to the above, You also agree to comply with the following rules when You contribute, upload or provide User Content to the Site:
⦁ Your User Content must be original and shall not be a copy of somebody else’s work and that You must have all the rights in the User Content. In case, where other people have contributed to your User Content in any way or have any rights to your User Content or have appeared in your User Content such other people have given You permission to upload and distribute the User Content on the Site and elsewhere;
⦁ Your User Content shall not contain any logos, phrases, trade marks or any other work that belongs to third party or infringes any patent, trade mark, copyright or other proprietary rights;
⦁ Your User Content shall not promote violence or describe how to perform violent act;
⦁ Your User Content shall not be grossly harmful, harassing, blasphemous, paedophilic, libellous, invasive of another’s privacy, hateful or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling or otherwise unlawful in any manner;
⦁ Your User Content shall not contain any viruses or any other computer code, technologies, files, programs designed to interrupt, destroy or limit the functionality or that could impact the operation of the Site or any computer system;
⦁ Your User Content shall not reveal other person’s personal information such as their email address, phone number, credit number and any such information that may be used to track, contact or impersonate that individual or any such information which is extremely personal in nature;
⦁ You shall not impersonate any other person or user or upload or post any User Content which You believe to be false, deceptive, inaccurate, misleading, fraud or which can be misinterpreted with respect to your identity or affiliation with a person or company;
⦁ You shall notify SHOUT! immediately in the event You receive a complaint regarding your work/User Content or if there are any legal concerns around it, You shall work with SHOUT! in resolving it.
Membership, Registration & Charges:
Your SHOUT! membership shall be on a monthly basis and/or annual basis. Your membership with SHOUT! will continue on a monthly and/or annual basis until terminated. In order to pay all the fees and charges incurred by You, You must provide us with one or more Payment Methods. “Payment Method” means a current, valid, accepted method of payment, as may be updated from time to time, and which may include payment through your account with a third party. SHOUT! may offer different types of membership plans, including special promotional plans or memberships offered by third parties in connection with their products and services. Please note that SHOUT! is not responsible for the products and services of such third parties. Some membership plans may have a differing conditions and limitations which would be disclosed at your sign up or in other communications made available to You.
For certain services, registration may be required or You may be asked to provide information to participate in certain features or access certain Materials or User Content. The decision to provide such information is purely optional. However, if You decide not provide such information, in which case, You may not be able to access certain Materials or User Content or participate in certain features of the Site. In case, You agree to provide such information to the Site, You agree to provide only true, updated, correct, accurate and complete information and if WE believe that such information provided by You is inaccurate, false, not current or is incomplete, We have the right to suspend or terminate your account and refuse any and all current or future use of the Site by You.
Some of the services on the Site may require You to pay a fee, such as subscription services, if any, are offered. The Site may offer one-time fee-based services and/or subscription based services or both. You agree to pay all fees and charges that You incur. The required fees or charges may be changed at any time by giving reasonable prior notice in respect of any product, services or any aspect of this Site. We do not provide any price protection or refund in the event price falls or there is promotional offering. At times, an offer for promotional trial subscriptions to a paid service on a Site may be provided for free or at a special discounted price
If You decide to register with us, You accept full responsibility for all the activities that would take place under your account or password and You agree not to sell, transfer or assign your membership to anyone else. You are responsible for maintaining the security and confidentiality of your account and password and limiting access to your computer or other internet access device for your account and password security.
If SHOUT! reasonably believes that an account or password is being misused in any manner, it shall reserve the right to cancel the access rights immediately without notice and block access to all the users from that IP address.
Please note that You may cancel your membership with SHOUT! at any time by logging in to your account settings. However, the membership fees or the fees paid for any other services is non-refundable and shall not be refunded. No requests for such refund shall be entertained by SHOUT!.
Site Currency Conversion Tool:
Without limiting any other rights in this Agreement, for any amount due hereunder in any currency other than Indian Rupees (INR), then conversion shall be made at the rate of exchange prevailing at the date of the original source currency invoice. The currency conversion will be handled by our payment gateway and will be subject to the RBI guidelines which are in effect at that time. The correct billing amount in INR will always be displayed before you enter your payment details.
Responsibility of the Opinions/ User Interactions/ Disputes:
SHOUT! does not hold any responsibility with respect to the opinions and other statements expressed by its users and/or various other contributors such as bloggers, etc. We do not take the responsibility for the accuracy of such opinions and statements neither do We endorse it, guarantee the same nor accept any obligation or liability for the same. Though SHOUT! will take all precautions so that inappropriate, unsuitable or unlawful content is not uploaded and/or published on the Site, however, SHOUT! and its affiliates, successors, assigns, directors, agents, officers and shareholders do not undertake or assume any responsibility or liability in case any inappropriate, unsuitable or unlawful content is uploaded or published. Notwithstanding the foregoing, SHOUT! reserves the right to block or remove communications, postings or materials at any time in its sole discretion.
We reserve the right, but are under no obligation, to monitor or become involved in disputes between You and other users. We request all our Users to exercise their common sense and best judgement while interacting with other users, using online activities and while submitting or posting any information.
Third Party Links:
The Site may contain the content of other services provided by third parties for which SHOUT! shall not be responsible. As We do not have control over such services, You agree that WE shall not be responsible for the availability of such external services and that We do not endorse such services and are not responsible/liable for any content, advertisements, products or such other materials that are made available from such external services. You further acknowledge and agree that We shall not be responsible and liable directly or indirectly for any damage or loss caused to You or alleged to be caused to You in connection with the use of the content, goods or services made available on or through such external services.
The Site may provide various features and services available to You via your mobile device. These features and services may include but not limiting to uploading the content on the Site, receive messages from the Site, download applications to your mobile device or access Site features (collectively referred to as the “Mobile Features”). These Mobile Features may be chargeable and such charges shall be disclosed to You prior to your completing the registration for the Mobile Features. Fees and charges will appear on your mobile bill or be deducted from your pre-paid balance. In cases, where certain Mobile Features are not compatible with your carrier or mobile device, we suggest You to contact your carrier provider for the same. Instructions regarding of how to opt out of Mobile Features will be disclosed in connection with Mobile Features. We may collect information related to your use of Mobile Features. In the event there any changes to your mobile number, You agree to notify SHOUT! about such changes and update your account on the Site reflecting such a change.
Any item that is made accessible on the Site is copyrighted work of SHOUT! or its licensors or suppliers. Such accessible item shall not be and is prohibited from being copied, reproduced to any other server or location for further reproduction or distribution, unless such distribution or reproduction is expressly permitted by SHOUT!. Such permission has to be a written permission from SHOUT!. You shall not directly or indirectly download or modify / alter / change / amend / vary / transform / revise / translate / copy / publish / distribute or otherwise disseminate any content on this Site/Service or any portion of it.
Sharing User Details:
In the event We receive a subpoena/summon issued by a court or from a law enforcement or government agency, We shall comply with subpoenas/summons without your consent or prior notice. We may also disclose your IP address, user name, name, IP location and other information to the concerned authority if need be.
You agree to indemnify and hold harmless SHOUT! and its affiliates, and its respective members, directors, officers, managers, employees, shareholders, agents, and licensors and content providers, from and against all losses, expenses, damages and costs, including attorneys’ fees and from all claims including but not limited to claims for defamation, trade disparagement, privacy and intellectual property infringement and damages or resulting from any violation by you of these Terms and Conditions or any breach by You of your representations and warranties hereunder including in respect of content posted or information provided by you for SHOUT!’s use or information or material posted or transmitted through your password account even if not posted or transmitted by you We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification hereunder. In such event, You shall provide us with such cooperation as is reasonably requested by us.
The information made available on this Site is not intended for distribution or use by any person or entity in any jurisdiction or county where such distribution or use would be contrary to law or regulation or which would subject SHOUT! to any registration requirement within such jurisdiction or country. SHOUT! controls and operates the Site from office located in India and makes no representations or warranties that the information, products or services contained on the Site are appropriate for use or access in other locations. Anybody using or accessing this Site from any other location may do so at their own responsibility and that such a person shall also be responsible for complying with the Indian laws regarding online conduct and acceptable content. We reserve the right to limit the accessibility and availability of the Site or any portion of the Site including but not limiting to its content, programs, products, services and features thereof to any person, geographic area or jurisdiction at any time and in our sole discretion without giving any prior notice.
Recognizing the global nature of the Internet, You agree to comply with all local rules regarding online conduct and acceptable content.
USE OF THE SITE IS AT YOUR OWN RISK. THE MATERIALS, INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE SITE AND ANY THIRD-PARTY SITES ARE PROVIDED ON “AS IS. BASIS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED.” WE DO NOT WARRANT THAT OUR SITE WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS AND INACCURACIES IN THE NEWS, INFORMATION OR OTHER MATERIALS AVAILABLE THROUGH OUR SITE. WE DO NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO OUR SITE OR ANY INFORMATION OR GOODS THAT ARE AVAILABLE OR ADVERTISED OR SOLD THROUGH OUR SITE. WE DO NOT MAKE ANY REPRESENTATIONS, NOR DO WE ENDORSE THE ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER MATERIAL OR DATABASE DISPLAYED, UPLOADED OR DISTRIBUTED ON THIS SITE OR AVAILABLE THROUGH LINKS ON OUR SITE. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS ON OUR SITE. ALTHOUGH WE INTEND TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES, WORMS, OR OTHER DESTRUCTIVE MATERIALS TO OUR SITE, WE DO NOT GUARANTEE OR WARRANT THAT OUR SITE OR MATERIALS THAT MAY BE DOWNLOADED FROM OUR SITE DO NOT CONTAIN SUCH DESTRUCTIVE FEATURES. WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURES. IF YOU RELY ON OUR SITE AND ANY MATERIALS AVAILABLE THROUGH OUR SITE, YOU DO SO SOLELY AT YOUR OWN RISK.
OUR SITE MAY CONTAIN VARIOUS COMBINATIONS OF TEXT, IMAGES, AUDIOVISUAL PRODUCTIONS, OPINIONS, STATEMENTS, FACTS, ARTICLES, MARKET DATA, STOCK QUOTES OR OTHER INFORMATION CREATED BY US OR BY THIRD-PARTIES. DUE TO THE NUMBER OF SOURCES FROM WHICH CONTENT ON OUR SITE IS OBTAINED, AND THE INHERENT HAZARDS OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS OR INACCURACIES IN SUCH CONTENT. ACCORDINGLY, SUCH CONTENT, INCLUDING MARKET DATA, IS FOR YOUR REFERENCE ONLY AND SHOULD NOT BE RELIED UPON BY YOU FOR ANY PURPOSE. SUCH CONTENT IS NOT INTENDED FOR THE PURPOSE OF TAX OR INVESTMENT ADVICE AND IT DOES NOT ADVOCATE THE PURCHASE OR SALE OF ANY SECURITY OR INVESTMENT. INFORMATION CREATED BY THIRD PARTIES THAT YOU MAY ACCESS ON OUR SITE OR THROUGH LINKS IS NOT ADOPTED OR ENDORSED BY US.
Discontinuation of the Site/ Termination of Use:
SHOUT! reserves the right to modify, discontinue, temporarily or permanently our Site (or any part thereof) with or without notice and without any liability whatsoever. SHOUT! also reserves the right to suspend, discontinue, modify, alter, cancel any or all of its categories, products or service at any given point of time with or without notice and without being liable to anyone for it whatsoever.
We also reserve the right to terminate your access to our Site, without notice and liability, including, without limitation, if WE believe your conduct fails to conform with these Terms and for any other reason and to take other actions We believe would be in the interest of our Company and of our users as a whole. We also reserve the right to investigate suspected violations of these Terms. Any violation of these Terms may be referred to law enforcement authorities.
Our Site and the contents on our Site including but not limited to pictures, photographs, audio, video, graphics, blogs are protected by copyright as a collective work under the copyright laws of India and other countries and We including our licensors and licensees under applicable agreements have all the rights therein.
All provisions of these Agreements which by their nature should survive termination shall survive termination, including, without limitation to ownership provisions, warranty disclaimers, indemnity and limitations liability.
SHOUT! may also moderate the comment threads.
These Terms and any applicable additional terms as amended from time to time shall constitute the entire agreement that would govern the use of the Site and shall supersede any prior agreement/s between You and SHOUT! with respect to these Terms. We reserve the right to add, alter, amend, modify these Terms at any time and shall notify You about such changes by posting them on the Site so that they are accessible via link on the home page and that your use of a Site after we have posted the updated terms constitutes your agreement to the updated terms. Therefore, You should review these Terms before using this Site. The Effective date of the updated terms shall also be specified in updated terms and will apply to your use of the Site from that point forward.
SHOUT! and its affiliates, and their respective members, directors, officers, managers, employees, contributors shareholders, agents and licensors are not liable for incidental, indirect, consequential, special, punitive, or exemplary damages of any kind, including, without limitation, lost revenues or profits, loss of business or loss of data, in any way related to this site or for any claim, loss or injury based on errors, omissions, interruptions or other inaccuracies.
Any complaints or concerns with regards to the contents/comments/breach of these Terms shall be addressed to firstname.lastname@example.org
Your agreement to provide your User Content to SHOUT! shall not be construed to create an association, agency, joint venture, partnership or employer-employee relationship between You and SHOUT! or to impose any liability attributable to such a relationship upon either party. Any notice given under this shall be in writing and may be emailed to the party specified in this Agreement or such other address as may be notified under this Agreement by that party from time to time.
By having your User Content uploaded/published on www.theshoutnetwork.com, You have indicated your acceptance of the above terms and conditions.
Request to republish, reproduce any of SHOUT!’s material for distribution or for any other purpose whatsoever should be addressed to email@example.com .