We (the folks at ShoutAbout) run a blog and social marketing platform called ShoutAbout and would love for you to use it. ShoutAbout's basic service is free, and we offer paid plans for advanced features such as custom messaging, greater retention of analytics and personalised sub-domains.
Our service is designed to give you as much control and ownership over the content you submit to your account. However, be responsible in what you publish. In particular, make sure that none of the prohibited items (like spam, viruses, or serious threats of violence) appear on your website.
These Terms of Service have been adapted from Automattic's Terms of Service which has been made available under a Creative Commons ShareAlike license, which means you are allowed to repurpose it for your own use.
Please read this Agreement carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to become bound by the Terms of this Agreement. If you do not agree to all the Terms of this Agreement, then you may not access or use any of our Services. If these Terms are considered an offer by ShoutAbout, acceptance is expressly limited to these Terms.
Our Services are not directed to children. Access to and use of our Services is only for those over the age of 13 (or 16 in the European Union). If you are younger than this, you may not register for or use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 13 years of age or older (16 years or older in the European Union).
Use of our Services requires a ShoutAbout account. You agree to provide us with complete and accurate information when you register for an account. You will be solely responsible and liable for any activity that occurs under your username. You are responsible for keeping your password secure.
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and web pages to which ShoutAbout links, and that link to ShoutAbout. ShoutAbout does not have any control over those non-ShoutAbout websites and is not responsible for their contents or their use. By linking to a non-ShoutAbout website, ShoutAbout does not represent or imply that it endorses such website. 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. ShoutAbout disclaims any responsibility for any harm resulting from your use of non-ShoutAbout websites and web pages.
As ShoutAbout 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 ShoutAbout violates your copyright, you are encouraged to notify ShoutAbout. ShoutAbout will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. ShoutAbout will terminate a visitor's access to and use of the website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of ShoutAbout or others. In the case of such termination, ShoutAbout will have no obligation to provide a refund of any amounts previously paid to ShoutAbout.
This Agreement does not transfer from ShoutAbout to you any ShoutAbout or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with ShoutAbout, the ShoutAbout logo, and all other trademarks, service marks, graphics and logos used in connection with ShoutAbout or our Services, are trademarks or registered trademarks of ShoutAbout or ShoutAbout licensors. Other trademarks, service marks, graphics and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any ShoutAbout or third-party trademarks.
We are constantly updating our Services, and that means sometimes we have to change the legal terms under which our Services are offered. If we make changes that are material, we will let you know by posting on our blog, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.
ShoutAbout may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your ShoutAbout account (if you have one), you may simply discontinue using our Services. 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.
Our Services are provided "as is." ShoutAbout 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 ShoutAbout nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. If you're actually reading this, here's a treat. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.
In no event will ShoutAbout, 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 for 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 ShoutAbout under this Agreement during the twelve (12) month period prior to the cause of action. ShoutAbout 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.
You represent and warrant that your use of our Services:
You agree to indemnify and hold harmless ShoutAbout, 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 our Services, including but not limited to your violation of this Agreement.
These Terms of Service were originally written in English (US). We may translate these terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.
This Agreement constitutes the entire agreement between ShoutAbout and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of ShoutAbout, or by the posting by ShoutAbout of a revised version.
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; ShoutAbout 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.