Effective January 8, 2007

Introduction

Welcome to Shoutmouth.com, your source for music news. By using the Shoutmouth Service ('Shoutmouth') you accept and agree to be bound by the following terms and conditions (the 'Terms of Service'). Where applicable under law, these Terms constitute a 'writing signed by you.'

Changes to Shoutmouth.com and the Terms of Service

We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Service at any time without further notice. If we do this, we will post the changes to these Terms of Service on this page and will indicate at the top of this page the Terms of Serivce's effective date. Your continued use of the Web site after any such changes constitutes your acceptance of the new Terms of Service. You are responsible for regularly reviewing these Terms of Service so that you will be apprised of any changes.

Eligibility and Registration

You must be 13 years or older to use the Shoutmouth Service. By registering for the Shoutmouth Service, you represent and warrant that you are 13 or older and that you have the capacity to understand, agree to and comply with these Terms of Service. You should provide true, accurate and complete registration information to be a Shoutmouth.com member ('Member'). As part of the registration process, you will be asked to select a username and password and you will be responsible for all activities occurring under your username and for keeping your password secure. We may refuse to grant you a username that impersonates someone else, is or may be protected by trademark or proprietary rights law, or is vulgar, offensive or otherwise inappropriate, as determined by us in our sole discretion.

Member Conduct and Appropriate Content

The Shoutmouth Service is made available for your personal, non-commercial use only. You may not use the Shoutmouth Service for any illegal or unauthorized purpose. International users agree to comply with all local rules regarding online conduct and acceptable content, including laws regulating the export of data from the United States or your country of residence. You are solely responsible for your conduct and any data, text, information, graphics, photos, profiles, audio and video clips, links and other content ('Materials') that you submit, post, and display on the Shoutmouth.com Service.

We may, but shall have no obligation to, remove Materials that we determine in our sole discretion are unlawful, fraudulent, threatening, libelous, defamatory, obscene or otherwise objectionable, or infringes or violates any party's intellectual property or other proprietary rights or these Terms of Service. Further, under no circumstances does Shoutmouth have any obligation to check the accuracy or truthfulness of the any Materials, nor to monitor any Member's use of the Shoutmouth Service.

CONDITIONS FOR USE

You agree to abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your account made by you including the content of your transmissions through the Shoutmouth Service. By way of example, and not as a limitation, you agree NOT to:

- Defame, abuse, harass, stalk, threaten or otherwise violate the rights (such as rights of privacy and publicity) of others.
- Publish, distribute and/ or disseminate any harmful, obscene, indecent, unlawful, libelous, profane, defamatory, infringing, inappropriate, hateful, or racially, ethnically or otherwise objectionable material or information.
- Use other Members' personal data for purposes other than establishing contact that is reasonably expected to be welcomed by such other Members
- Submit Materials that are unlawful or promote or encourage illegal activity or that would violate the property rights of others.
- Submit Materials of any third party without such third party's prior written consent, or Materials that falsely express or imply that such Materials are sponsored or endorsed by Shoutmouth.com
- Create a false or misleading identity of, including, but not limited to, a Shoutmouth employee, or falsely state or otherwise misrepresent your affiliation with a person or entity, for the purpose of misleading others as to the identity of the sender or the origin of a message or to harvest or otherwise collect information about others.
- Transmit, email or post any material that contains in any form software viruses or such programs as including but not limited to, Trojan horses, worms, time bombs, cancel-bots, computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
- Use the Shoutmouth.com Service in any unlawful manner or in any other manner that could damage, disable, overburden or impair the website.
- Attempt to gain unauthorized access to the Shoutmouth Service, other accounts, computer systems or networks connected to the Shoutmouth Service, through password mining or any other means.
- Modify, adapt, translate, or reverse engineer any portion of the Shoutmouth Service, or use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion or the Shoutmouth.com Service.
- Reformat or frame any portion of the web pages that are part of the Shoutmouth.com Service.
- Disseminate content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary right of any party or infringes any intellectual property law or any other applicable law.
- Remove any copyright, trademark or other proprietary rights notices contained in or on the Shoutmouth Service.
- Disseminate any unsolicited or unauthorized advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes', or any other form of such solicitation.
- Interfere with another Member's use and enjoyment of the Shoutmouth Service.
- Harvest or collect email addresses or other contact information of Members, including usernames, from the Shoutmouth.com website by electronic or other means.

Privacy Policy

We take your privacy very seriously and collection and use of personal information is governed by our Privacy Policy, here.

Copyright Policy

If you believe that any material on the Site infringes upon any copyright which you own or control, please contact us and provide us with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Web site (including a URL and/or screen shot); your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Internet Access

Shoutmouth shall not be responsible for any connection or access to the Shoutmouth.com website by you or the quality of the transmission of any information passing between you and the website. You will be responsible for providing your own communications equipment to access the Shoutmouth.com website via the Internet, and the Internet access charges thereon.

Termination of the Shoutmouth Service

These Terms of Service will apply to your use of the Shoutmouth Service. At any time, you can terminate your account which will remove your profile and other personal information from view by notifying us via this form. We may terminate your membership immediately at any time, for any reason. Once your membership terminates, you will have no right to use the Shoutmouth Service. Our proprietary rights, disclaimer of warranties, indemnities, limitations of liability and miscellaneous provisions shall survive any termination of your membership.

Shoutmouth may also, in its sole discretion and at any time, discontinue temporarily or permanently providing the Shoutmouth Service, or any part thereof, with or without notice. You agree that any termination of access to the Shoutmouth Service under any provision of the Terms of Service may be effected without notice, and acknowledge and agree that Shoutmouth may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Shoutmouth Service. Where possible, Shoutmouth will use reasonable efforts to give Members fair notice of termination or suspension of their access to the Shoutmouth Service. Further you agree that Shoutmouth shall not be liable to you or any third party for any termination or suspension of access to the Shoutmouth Service or modification of the Shoutmouth Service.

Disclaimer of Warranties

Shoutmouth and its partners, members, suppliers, employees, consultants and agents ('Shoutmouth') disclaim any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or Materials displayed on the Shoutmouth Service.

Shoutmouth further expressly disclaims (1) that the Shoutmouth Service will meet your requirements and will be uninterrupted, error-free, timely, or secure, (2) that defects or errors will be corrected, (3) that the Shoutmouth Service or the server that makes it available are free of viruses or other harmful components, and (4) that the use of or the results of the use of the Shoutmouth Service or the content made available as part of the Shoutmouth Service will be correct, accurate, timely, or otherwise reliable.

Shoutmouth expressly disclaims any and all responsibility and liability for the conduct of any other Member, and expressly disclaims that the content and Materials of the Shoutmouth Service input by other Members is correct or accurate.

THE SHOUTMOUTH SERVICE, AND ALL MATERIALS, INFORMATION (INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, LINKS OR ANY INFORMATION OR MATERIALS OBTAINED OR ACCESSED THROUGH THE SHOUTMOUTH SERVICES), PRODUCTS AND SERVICES INCLUDED THEREIN ARE PROVIDED 'AS IS,' 'WITH ALL FAULTS', 'AS AVAILABLE', WITH NO WARRANTIES WHATSOEVER. SHOUTMOUTH EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, FREEDOM FROM COMPUTER VIRUS, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. Some states do not allow the exclusion or limitation of implied warranties, so the above disclaimers and exclusions may not apply to you.

YOU AGREE THAT YOUR USE OF THE SHOUTMOUTH SERVICE IS ENTIRELY AT YOUR OWN RISK.

Links

The Service may include links to other websites or resources. Shoutmouth has no control over such sites and resources, and is not responsible for the availability of such external sites or resources. Shoutmouth does not endorse and is not responsible for any content, advertising, products, or other materials on or available from such sites or resources or your use of such sites or resources.

Hold Harmless and Indemnity

You agree to hold harmless and indemnify, and at Shoutmouth's request defend, Shoutmouth, its parents, subsidiaries, and affiliates, and their respective owners, officers, managers, members, agents, and employees, from and against any third party claim arising from or in any way related to your use of or conduct on the Shoutmouth.com Service, including any liability or expense arising from all claims, liabilities, losses, damages (actual and consequential), suits, judgments, litigation costs, expenses, and attorneys' fees, of every kind and nature. In such a case, Shoutmouth will provide you with written notice of such claim, suit or action.

Limitation of Liability

YOUR USE OF THE SHOUTMOUTH SERVICE IS AT YOUR SOLE RISK. UNDER NO CIRCUMSTANCES WILL SHOUTMOUTH, ITS PARENTS, SUBSIDIARIES, AND AFFILIATES, AND THEIR RESPECTIVE OWNERS, OFFICERS, MANAGERS, MEMBERS, AGENTS, AND EMPLOYEES, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OR LOSSES (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH USE OF, OR INABILITY TO USE, THE SHOUTMOUTH SERVICE, WHETHER OR NOT SHOUTMOUTH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. SUCH LIMITATION OF LIABILITY SHALL APPLY (I) WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SHOUTMOUTH SERVICE, FROM INABILITY TO USE THE SHOUTMOUTH SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SHOUTMOUTH SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES), AND (II) NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. IF YOU ARE DISSATISFIED WITH THE SHOUTMOUTH SERVICE OR ANY PART OF THE SHOUTMOUTH SERVICE YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SHOUTMOUTH SERVICE AND ITS RELATED WEBSITE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.

Notices

Shoutmouth may provide you with notices regarding the Shoutmouth.com Service or these Terms of Shoutmouth Service by regular mail, email, or postings to this Web site.

Legal Compliance

You shall comply with all applicable domestic and international laws, statutes, ordinances, regulations, contracts and applicable licenses regarding your use of the Shoutmouth Services.

Miscellaneous

These Terms of Service will be governed by and construed in accordance with the laws of the State of Delaware, without giving effect to its conflict of laws provisions or your actual state or country of residence. The parties agree to submit to the personal and exclusive jurisdiction of the courts located in Delaware. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect. You shall not assign these Terms of Service or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without our prior written consent. Any such purported assignment or delegation will be null and void and of no force or effect.

Without limiting the foregoing, under no circumstances shall Shoutmouth be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

These Terms of Service constitute the entire agreement between you and Shoutmouth with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Service by a party will be effective only if in writing and signed by a party.