This Web site (the "Site") is the online presence of ShoutStream Technologies, Inc. Use of this Site in any manner and to any extent constitutes your agreement to abide by the following terms and conditions of service (the "TOS"). ShoutStream.com may modify the TOS from time to time without notice to you. All modifications will be posted to this page. ShoutStream.com also reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. You agree that ShoutStream.com shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site. Your continued use of the Site after such changes are made constitutes your acceptance of such changes. ShoutStream.com reserves the right to deny access to this Site to anyone at any time.
Use of Site
You must retain all copyright, trademark, and other proprietary notices contained in the Site's original materials on any copy of the materials. The User may not in any way modify materials at this Site. You may not copy, reproduce, transfer, enter in a database, publish, distribute, publicly display, sell or offer for sale, or create derivative works from the materials or use them in any way for any public or commercial purpose. You may not copy this material, by any means (including electronic copies), for distribution to others unless you have purchased the appropriate number of copies. Any party receiving a copy of the material is bound by these restrictions of use and may not copy or further distribute the material. Any use of these materials on any other Web site or networked computer environment (including any personal network or e-mail distribution) is prohibited. Because the materials are copyrighted, any unauthorized use of them may violate copyright, trademark, and other laws. You may not use materials from the Site in a manner that violates the Copyright Act (17 U.S.C. 21) and/or the fair use exception of that Act. You may not sell, assign, or otherwise transfer your rights or obligations under the TOS. Additionally, you agree not to copy, reproduce, duplicate, sell, resell, or exploit for any commercial purposes, any portion of the Site, use of the Site, or access to the Site. By using this Site, you promise ShoutStream.com that you will not use this Site for any unlawful or prohibited purposes.
Use at Your Own Risk
This Site may contain links to third-party Web sites and material from third-party information and content providers. As ShoutStream.com has no control over such sites and resources, you acknowledge and agree that ShoutStream.com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that ShoutStream.com 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 use of or reliance on any such content, goods, or services available on or through any such site or resource.
Right to Make Changes
ShoutStream.com (and in certain instances, its third-party providers) has the exclusive right to change, discontinue, or supplement any aspect of the ShoutStream.com Site, and information contained on said Site, at any time without notice to you. For example, ShoutStream.com may change the format, the content, the offering, the pricing, the hours of availability, the equipment needed for access, and the usage rights without notice. ShoutStream.com may choose to notify you of some changes by means including, but not limited to, posting on the ShoutStream.com Web site, notification by e-mail, or other means. Your use after such notice shall be conclusively deemed to be acceptance of those changes. You agree to review the TOS periodically to be aware of changes. You also agree that changes to your e-mail address or failure to provide a current or correct e-mail address may result in your inability to receive such notice, and so you waive your right to be notified should ShoutStream.com not be provided with your current e-mail address.
Third-Party Content
As a distributor of content published and supplied by third parties, ShoutStream.com has no editorial control over said content. Such content expresses the opinions, the advice, the services, the offers, the statements, or other information of the author(s), and not of ShoutStream.com.
User Contact with Advertisers
Any correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and said advertiser. You acknowledge and agree that ShoutStream.com shall not be responsible or liable for any damages, losses, or claims related to any such dealings or as the result of the presence of such advertisers on the Site.
Additional Terms for Purchased Material
You are responsible for all charges incurred while your account is being used, including charges for services and accessing materials. Upon your immediate payment of the appropriate charge, ShoutStream.com grants you a nonexclusive, nontransferable, limited license to use the ShoutStream.com content or service only for the uses permitted by the TOS and only according to the TOS. Some ShoutStream.com features are available only if you agree to special terms, of which you will be informed at the time of access or purchase. Content or material you purchase is protected by copyright under applicable copyright laws. All rights, title, and interest in the copyrighted works are (and continue to be, even after your purchase) the exclusive property of ShoutStream.com and/or its third-party content provider. You must abide by all copyright notices or restrictions contained in the ShoutStream.com material. You do not acquire any ownership or other proprietary rights by using the copyrighted works according to the license granted to you here. If you want to use ShoutStream.com content in ways not allowed under the TOS, you may be able to obtain the content provider's permission to do so by contacting the content provider directly. ShoutStream.com will not assist you in obtaining these permissions.
Your Liability
You shall be liable to, indemnify, and hold harmless ShoutStream.com, its directors, officers, shareholders, parents, subsidiaries, affiliates, agents, and licensors from and against any and all losses, expenses, damages, and costs, including reasonable attorneys' fees, which result from your misuse of this Site in any fashion, any violation of the TOS, or the failure to fulfill your obligations hereunder. ShoutStream.com may take over the exclusive defense of any claim for which we are entitled to indemnification under this paragraph. In such event, you will cooperate fully with us. ShoutStream.com may also terminate your account with ShoutStream.com, any agreement you have with ShoutStream.com, and your future use of this Site, with or without notice. In the event of such usage termination, the restrictions imposed upon you with respect to material downloaded from the Site, the disclaimers, and limitations of liabilities set forth in this agreement survive.
User Registration
Upon registration for ShoutStream.com, you agree to: (a) provide true, accurate, current, and complete information about yourself and (b) maintain and promptly update said data to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or ShoutStream.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, ShoutStream.com has the right to suspend or terminate your account and refuse any and all current or future use of the Site. Disclaimer and Liability LimitationIN NO EVENT SHALL ShoutStream.com BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CONTENT (OR ANY MATERIAL PROVIDED HEREUNDER), WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF ShoutStream.com HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. NOTWITHSTANDING THE FOREGOING, TOTAL LIABILITY OF ShoutStream.com FOR ANY REASON WHATSOEVER SHALL NOT EXCEED TOTAL AMOUNTS PAID BY YOU TO ShoutStream.com IN CONNECTION WITH THE SUBJECT MATTER OF THE DISPUTE. THE INFORMATION, SOFTWARE, PRODUCTS, AND DESCRIPTIONS OF SERVICES PUBLISHED ON THE SITE OR A LINKED SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS, AND ShoutStream.com SPECIFICALLY DISCLAIMS ANY LIABILITY FOR SUCH INACCURACIES OR ERRORS. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION ON THE SITE AND LINKED SITES. ShoutStream.com MAY MAKE IMPROVEMENT OR CHANGES TO THE SITE AT ANY TIME.
Indemnity
You agree to hold ShoutStream.com, and its subsidiaries, affiliates, officers, agents, cobranders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Site, your connection to the Site, your violation of the TOS, or your violation of any rights of another.
Inclusion of All Terms
All other notices, policies, disclaimers, and terms contained throughout the Site are incorporated here by reference. In the event of a conflict between the Site's other terms and those in the TOS, the latter shall prevail. If any provision of the TOS is deemed to be unlawful or unenforceable, that shall not affect the validity and enforceability of the remaining provisions.
Linked Internet Sites
ShoutStream.com prohibits caching, unauthorized hypertext links to the Site, and the framing of any content available through the Site. ShoutStream.com reserves the right to disable any unauthorized links or frames and specifically disclaims any responsibility for the content available on any other Internet sites linked to the Site. Access to any other Internet sites linked to the Site is at your own risk. You should be aware that linked sites may contain rules and regulations, privacy provisions, confidentiality provisions, transmission of personal data provisions, and other provisions that differ from the provisions provided on the Site. ShoutStream.com is not responsible for such provisions and expressly disclaims any and all liability related to such provision.
Trademark Information
The ShoutStream.com logo and other products, logos, and service names are trademarks or service marks (the "ShoutStream.com Marks") of ShoutStream.com, Inc. These trademarked items may not be used in any manner without ShoutStream.com's prior permission. Other trademarks, logos, and service marks (together with the ShoutStream.com Marks, the "Marks") displayed on this Site are the property of other parties. You are prohibited from using any Marks for any purpose including, but not limited to, use as metatags on other pages or sites on the World Wide Web without the written permission of ShoutStream.com or such third party that may own the Marks. All information and content including any software programs available on or through the Site ("Content") is protected by copyright. You are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works, or using any Content available on or through the Site for commercial or public purposes.
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