TERMS OF SERVICE

1. Your Acceptance

This website, social-inbox.co.uk (the “Website”), is brought to you by Shout Locally Ltd. (“Shout Locally”, also referred to as “we”, “us” or “our”). By registering with or using this Website you signify your agreement to (1) these terms and conditions (the Terms of Service. ) and (2) Shout Locally’s Privacy Policy, incorporated here by reference (collectively, the “Agreement”). This Agreement is binding on each person who uses the Website and each company or other entity for whom the person is using the Website (collectively, “you” or “your”). If you do not agree to the Terms of Service or the Shout Locally Privacy Policy, please do not use this Website.

Although we may attempt to notify you when material changes are made to the Agreement, you should periodically review the most up-to-date version. Shout Locally may, in its sole discretion, modify or revise the Agreement at any time. Your use of this Website shall be deemed to confirm your assent to the then-current version of this Agreement. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

2. Shout Locally Website

The Website includes all aspects of the Shout Locally Social Inbox services, including but not limited to the Social Inbox Posting Service, the Social Inbox Comment Aggregation Service, and the Social Inbox Reporting and Analytics Services (“Services”).

The Services may facilitate the posting and publishing of User Content (defined below) to and the Website may contain other links to, third-party websites that are not owned or controlled by Shout Locally. Shout Locally assumes no responsibility for the content, privacy policies, or practices of any third-party websites. In addition, Shout Locally does not censor or edit the content of any third-party website. By using the Website, you expressly release Shout Locally from any and all liability arising from your use of and your posts to any third-party website. Accordingly, we encourage you to be aware when you leave the Website and to review the terms and conditions, privacy policy and other governing documents of each other website that you may visit.

3. Social Inbox Accounts

In order to use the Services, you will have to create an account (an “Account”). Accounts allow you to post, publish, store, manage and share content. You represent and warrant to Shout Locally that you have all necessary rights to distribute content via the Website, either because you are the author of the content and have the right to distribute, or because you have distribution rights, in writing, from the copyright or other owner of the content (“User Content”).

You may not use another user’s Account without express permission from the other user. When creating an Account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your Account, and you must keep your Account password secure. You must notify Shout Locally immediately of any breach of security or unauthorized use of your Account. Shout Locally will not be liable for any loss you may incur due to any unauthorized use of your Account. You, however, may be liable for the losses of Shout Locally or others caused by your Account, whether caused by you, by another user or by an unauthorized person.

4. General Use of the Website — Permissions and Restrictions

Shout Locally hereby grants you permission to access and use the Website as set forth in this Agreement, provided that:

  • You agree not to copy or distribute in any medium any part of the Website.
  • You agree not to alter or modify any part of the Website or any of its related technologies.
  • You agree not to access User Content or Shout Locally Content (as defined below) through any technology or means other than through the Website itself, or other means Shout Locally may designate.
  • You agree to back-up all of your User Content so that you can access and use it when needed. Shout Locally does not warrant that it backs-up any Account or content, and you agree to accept as a risk the loss of any and all of your User Content.
  • You agree not to use the Website, including any of Shout Locally’s related technologies for any commercial use, without the prior written authorization of Shout Locally. Prohibited commercial uses include any of the following actions taken without Shout Locally’s prior written approval:
  • Sale of access to the Website or its related services on another website;
  • Use of the Website or its related services for the primary purpose of gaining advertising or subscription revenue;
  • The sale of advertising on the Shout Locally Website or any third-party website; and
  • Any use of the Website or its related services that Shout Locally finds, in its sole discretion, to use Shout Locally’s resources or User Content with the effect of competing with or displacing the market for Shout Locally, Shout Locally Content, or the User Content of any of its other users.
  • Prohibited commercial uses do not include uploading original posts and messages to an Account to promote your personal or business enterprise (and where you have the right to do so) or any other use that Shout Locally expressly authorizes in writing.
  • You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses or interacts with the Website in any manner. Notwithstanding the foregoing, Shout Locally grants the operators of public search engines permission to use spiders to visit the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of any materials or other content. Shout Locally reserves the right to revoke or revise these exceptions either generally or in specific cases.
  • You agree that you will not and you will not permit anyone to collect or harvest any User Content or any personally identifiable information, including account names, from the Website.

In your use of the Website, you will otherwise comply with the Agreement and all applicable local, national, and international laws and regulations. Shout Locally reserves the right to discontinue, change or modify any aspect of the Website or Services at any time.

5. Your Use of Content on the Website

In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Shout Locally Content and User Content on the Shout Locally Website.

Shout Locally Content. The content on the Website, except for User Content, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos and interactive features and the trademarks, service marks and logos contained therein (the “Shout Locally Content”), are owned by or licensed to Shout Locally and are subject to copyright and trademark law, and other intellectual property rights under the law. Shout Locally Content is provided to you “as is”, “as available” and “with all faults” for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purposes whatsoever without the prior written consent of Shout Locally. Shout Locally reserves all rights not expressly granted in and to the Website and the Shout Locally Content.

User Content. You may upload and post to your Account on the Website any User Content that you are expressly permitted to upload and that does not otherwise violate the Agreement. By uploading User Content to the Website you represent and warrant to Shout Locally that you have the right to do so, and that you do not violate the rights of any third party.

Security. You agree not to circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Shout Locally Content or User Content or enforce limitations on use of the Website, the Shout Locally Content or the User Content therein.

6. User Content and Conduct

Each Account holder may submit content, text and other User Content for posting with third party websites.

You shall be solely responsible for all User Content that you post or otherwise make available, and the consequences of and requirements for (including complying with the rules and regulations of all third party sites) posting and distributing it. In connection with USER CONTENT THAT YOU SUBMIT OR THAT IS SUBMITTED THROUGH YOUR ACCOUNT, you affirm, represent, and warrant that you own or have the necessary AND APPROPRIATE licenses, rights, consents, and permissions to use, and authorize Shout Locally to use, THE patent, trademark, trade secret, copyright AND other proprietary rights in and to any and all USER CONTENT to enable inclusion and use of the USER CONTENT in the manner contemplated by the Website and THIS AGREEMENT.

You shall retain all of your ownership or license rights in your User Content. However, by submitting User Content to Shout Locally, you hereby grant Shout Locally a worldwide, non-exclusive, royalty-free, sub-licensable, transferable, irrevocable, perpetual license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with the Website and Shout Locally’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels, now known or hereafter developed.

Shout Locally does not endorse any User Content or any opinion, recommendation, or advice expressed therein, and Shout Locally expressly disclaims any and all liability in connection with your User Content or the User Content of any other user. Shout Locally does not permit any infringement of intellectual property rights on its Website, and Shout Locally will remove any item of User Content if properly notified that such User Content infringes on another’s intellectual property rights. Shout Locally reserves the right to remove User Content without prior notice, for any reason or for no reason in Shout Locally’s sole discretion.

7. Account Termination Policy

Shout Locally reserves the right to decide whether any item of User Content is appropriate or complies with the Agreement. Shout Locally may remove any User Content and/or terminate a user’s access for uploading or posting any material in violation of this Agreement, or for any other reason, or for no reason, at any time, without prior notice and at Shout Locally’s sole discretion. Shout Locally may also terminate a user’s access to the Website if Shout Locally has reason to believe the user is repeat infringer.

8. Copyright Takedown and Counter Notice

Notification. If you are a copyright owner or an agent thereof (“Owner”) and believe that any Shout Locally Content, User Content or other content, information or data (the “Accused Content”) infringes upon your copyrights, you may submit a notification (a “Takedown Notice”) by providing our Copyright Agent with the following information in writing for further detail:

  • A physical or electronic signature of a person authorised to act on behalf of the Owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  • Identification of the Accused Content that is claimed to be infringing or to be the subject of infringing activity, and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Shout Locally to locate the Accused Content;
  • Information reasonably sufficient to permit Shout Locally to contact the Owner, such as an address, telephone number, and, if available, an electronic mail;
  • A statement that the Owner has a good faith belief that use of the Accused Content in the manner complained of is not authorised by the Owner, its agent, or the law; and
  • A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.

Shout Locally may share the Takedown Notice with the Provider of the Accused Content or any other person, and Shout Locally may publish the Takedown Notice. Shout Locally will only take down Accused Content of which it is made aware on the Website; Shout Locally is not responsible for taking down any Accused Content on any third party website. Shout Locally has the option, but not the obligation, to notify any third party website that the Accused Content is subject to a Takedown Notice.

To file a Counter Notice with us, the Provider must provide a written communication that sets forth the items specified below. Please note that you may be liable for if you materially misrepresent that a product or activity is not infringing the copyrights of others. To expedite our ability to process your Counter Notice, please use the following:

  • Identify the specific URLs of the Accused Content or other material that Shout Locally has removed or to which Shout Locally has disabled access.
  • Provide your name, address, telephone number, email address, and a statement that you will accept service of process from the Owner or other person who provided the Takedown Notice or an agent of such person.
  • Include a statement, under penalty of perjury, that you have a good faith belief that the Accused Content was removed or disabled as a result of a mistake or misidentification of the Accused Content.
  • Sign the paper or other communication.
  • Send the written communication to the following address: legal@social-inbox.co.uk or Shout Locally, 145/157 St John Street, London, EC1V 4PW, UK.

We suggest that you consult your legal advisor before filing a Takedown Notice or a Counter Notice. Also, please be aware that there are penalties for false claims. Shout Locally reserves the right to share or publish any Takedown Notice or Counter Notice at any time.

If a Counter Notice is received by the Copyright Agent, Shout Locally may send a copy of the Counter Notice to the Owner or original complaining party that filed the Takedown Notice informing the Owner that Shout Locally may reinstate the Accused Content or cease disabling it in 10 business days. Unless the Owner files an action seeking a court order against the Provider of the Accused Content, the Accused Content may be reinstated, or access to it restored, in 10 to 14 business days or more after receipt of the Counter Notice, at Shout Locally’s sole discretion.

Address for Notices. Each Takedown Notice and Counter Notice must be sent to Shout Locally at one or more of the following addresses:

E-mail: legal@social-inbox.co.uk

Address: Shout Locally, 145/157 St John Street, London, EC1V 4PW, UK

Account Termination for Infringing Actions. If you believe that a user of Shout Locally is a repeat infringer, please contact Shout Locally and provide information sufficient for us to verify that the user is a repeat infringer. Our policy is to terminate accounts of any users who are verified repeat infringers.

9. Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE WEBSITE AND SERVICES SHALL BE AT YOUR OWN RISK AND THAT ALL SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND “WITH ALL FAULTS.” TO THE FULLEST EXTENT PERMITTED BY LAW, SHOUT LOCALLY, ITS OFFICERS, DIRECTORS, LICENSORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SHOUT LOCALLY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL CONTENT, PERSONAL INFORMATION, FINANCIAL INFORMATION OR OTHER INFORMATION AND DATA STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE OR ANY THIRD PARTY WEBSITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE , AND /OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE AND SERVICES. SHOUT LOCALLY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SHOUT LOCALLY WEBSITE OR RELATED SERVICES OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND SHOUT LOCALLY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTIONS BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES OR THIRD PARTY WEBSITES. IN CONNECTION WITH THE SERVICES, SHOUT LOCALLY MAKES NO GUARANTEES OR WARRANTIES THAT ALL USER CONTENT WILL BE POSTED TO IDENTIFIED THIRD PARTY SITES AND SHOUT LOCALLY UNDERTAKES NO OBLIGATIONS TO REGISTER USERS WITH OR PAY USERS’ DUES TO ANY THIRD PARTY WEBSITES.

10. Limitation of Liability

IN NO EVENT SHALL SHOUT LOCALLY, ITS OFFICERS, DIRECTORS, LICENSORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY THAT MAY RESULT FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF ANY CONTENT ON THE WEBSITE, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL CONTENT, PERSONAL INFORMATION, FINANCIAL INFORMATION OR OTHER INFORMATION AND DATA STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE AND RELATED SERVICES, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE AND RELATED SERVICES, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE AND RELATED SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT SHOUT LOCALLY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN EACH APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT SHOUT LOCALLY SHALL NOT BE LIABLE FOR ANY USER CONTENT OR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

11. Indemnity

You agree to defend, indemnify and hold harmless Shout Locally and its vendors and licensors, and their respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) allegedly arising from: (i) your use of and access to the Website and Services; (ii) your violation of any term of this Agreement, including these Terms of Service or the Privacy Policy; (iii) your violation of any third party right, including without limitation any copyright, intellectual property or privacy right; or (iv) any claim that any item of User Content originating from your Account caused damage to a third party. These defence and indemnification obligations will survive any termination or expiration of this Agreement and your use of the Shout Locally Website and its Services.

12. Ability to Accept Terms of Service

You affirm that you are either 18 years of age or older, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement. In any case, you affirm that you are over the age of 13, as the Shout Locally Website and related services are not intended for children under 13.

13. Assignment

This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Shout Locally without restriction.

14. Notices

Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our contact address at Shout Locally, 145/157 St John Street, London, EC1V 4PW, UK and all notices from us to you will be displayed on our website from time to time.

15. Changes to legal notices

We reserve the right to change these terms and conditions from time to time and you should look through them as often as possible.

16. Law, jurisdiction and language

This website, any content contained therein and any contract brought into being as a result of usage of this website are governed by and construed in accordance with English law. Parties to any such contract agree to submit to the exclusive jurisdiction of the courts of England and Wales. All contracts are concluded in English.

17. Invalidity

If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.

18. Privacy

You acknowledge and agree to be bound by the terms of our privacy policy.

19. Third party rights

Nothing in this Agreement is intended to, nor shall it confer any rights on a third party.

YOU AND SHOUT LOCALLY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SHOUT LOCALLY WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

20. Cancellation policy

Social Inbox  is on a month-to-month, pay-as-you-go service. Each month, you’ll be billed on the day you signed up for a paid account. If you cancel, you won’t be billed again.

21. Company Address

Shout Locally Ltd. | 147-147 St John Street | London | EC1V 4PY

© Copyright 2013 Shout Locally Ltd. All Rights Reserved.