1. Your Acceptance
2. Shout Service
These Terms of Service apply to all users of the Shout Service. Information provided by our users through the Shout Service may contain links to third party websites that are not owned or controlled by Shout. Shout has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Shout will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly acknowledge and agree that Shout shall not be responsible for any damages, claims or other liability arising from or related to your use of any third-party website.
3. Shout Access
B. In order to access and use the features of the Service, you acknowledge and agree that you will have to provide Shout with your email id. You expressly acknowledge and agree that in order to provide the Service, Shout may periodically access your contact list and/or address book on your mobile device to find and keep track of mobile phone numbers of other users of the Service. When providing your email id, you must provide accurate and complete information. You hereby give your express consent to Shout to access your phone email id. You are solely responsible for the shout messages that you post or the comments that you made and that are displayed to other people, Shout cannot be held responsible at point of time for your post. YOU will be held responsible for any problems/controversy arising due to your Shout Post or comment. You must notify Shout immediately of any breach of security or unauthorized use of your mobile phone. Although Shout will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Shout or others due to such unauthorized use.
C. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc. or “load testers” such as wget, apache bench, mswebstress, httpload, blitz, Xcode Automator, Android Monkey, etc., that accesses the Service in a manner that sends more request messages to the Shout servers in a given period of time than a human can reasonably produce in the same period by using a Shout application, and you are forbidden from ripping the content unless specifically allowed. Notwithstanding the foregoing, Shout grants the operators of public search engines permission to use spiders to copy materials from the website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Shout reserves the right to revoke these exceptions either generally or in specific cases. While we don’t disallow the use of sniffers such as Ethereal, tcpdump or HTTPWatch in general, we do disallow any efforts to reverse-engineer our system, our protocols, or explore outside the boundaries of the normal requests made by Shout clients. We have to disallow using request modification tools such as fiddler or whisker, or the like or any other such tools activities that are meant to explore or harm, penetrate or test the site. You must secure our permission before you measure, test, health check or otherwise monitor any network equipment, servers or assets hosted on our domain. You agree not to collect or harvest any personally identifiable information, including phone number, from the Service, nor to use the communication systems provided by the Service for any commercial solicitation or spam purposes. You agree not to spam, or solicit for commercial purposes, any users of the Service.
4. Intellectual Property Rights
The design of the Shout Service along with Shout created text, scripts, graphics, interactive features and the like, except your Shout posts (as defined below), and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to Shout, subject to copyright and other intellectual property rights under Indian and foreign laws and international conventions. The Service is provided to you AS IS for your information and personal use only. Shout reserves all rights not expressly granted in and to the Service. You agree to not engage in the use, copying, or distribution of any of the Service other than expressly permitted herein, including any use, copying, or distribution of Status Submissions of third parties obtained through the Service for any commercial purposes.
5. Shout Post Submissions
A. The Shout Service allows Shout users to submit posts text,photo, profile photos and other communications (comments on others post) submitted by you or others. These Shout Posts Submissions may be hosted, shared, and/or published as part of the Shout Service, and may be visible to other users of the Service who have not expressly blocked. For clarity, direct messages, location data and photos or files that you send directly to other Shout users will only be viewable by those Shout user(s) or group(s) you directly send such information. As clarified in the following section, you retain your ownership rights in your Shout Status Submissions. You understand that whether or not such Status Submissions are published, Shout does not guarantee any confidentiality with respect to any submissions.
B. You shall be solely responsible for your own Shout Status Submissions and the consequences of posting or publishing them. Because Shout is only acting as a repository of data, user submitted post do not necessarily represent the views or opinions of Shout, and Shout makes no guarantees as to the validity, accuracy or legal status of any status. In connection with Post Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Shout to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Posts Submissions to enable inclusion and use of the Posts Submissions in the manner contemplated by the Service and these Terms of Service; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the Status Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Status Submissions in the manner contemplated by the Service and these Terms of Service. However, by submitting the Posts Submissions to Shout, you hereby grant Shout a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Status Submissions in connection with the Shout Service and Shout’s (and its successor’s) business, including without limitation for promoting and redistributing part or all of the Shout Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each subscriber to your status on the Shout Service a non-exclusive license to access your Status Submissions through the Service. The foregoing license granted by you terminates once the Post is removed/deleted from the Shout Service.