TERMS AND CONDITIONS
These Terms and Conditions (the “Terms”) are a legal contract between you and LoudShout. These Terms explain how you are permitted to use the LoudShout mobile application and services, as well as the LoudShout website located www.loudshout.in and any content therein (collectively, the “Services).The Site , the Licensed Application and the various LoudShout services offered to you may be collectively referred to in these terms as the “Service”. Our Licensed Application is licensed, not sold, to you for use only under the terms of this license, unless a product or service is accompanied by a separate license agreement, in which case the terms of that separate license agreement will govern, subject to your prior acceptance of that separate license agreement By using the Services, you are agreeing to all of the Terms; if you do not agree with any of these Terms, do not access or otherwise use the Services. You may download and/or print a copy of these Terms for you records at: [http://www.loudshout.in/terms].
1. Changes LoudShout may make changes to the content and Services at any time. LoudShout can change, update, or add or remove provisions of these Terms, at any time by posting the updated Terms on the Services or by notifying you via the App. By using the Services after LoudShout has updated the Terms, you are agreeing to all the updated Terms; if you do not agree with any of the updated Terms, you must stop using Services.
2. General Use The Services may not be available in all locations, and we may block access to the Services from certain locations based on your device’s geolocation information; we may add to or remove the areas in which the Services are not available at any time, without notice to you. By using, you represent, acknowledge and agree that you are at least 18 years of age. If you are not at least 18 years old, you may not use the Services at any time or in any manner or submit any information to the LoudShout or the Services. LoudShout provides content through the Services that is copyrighted and/or trademarked work of LoudShout or LoudShout’s third-party licensors and suppliers or other users of the Services (collectively, the “Materials”). Materials may include logos, graphics, video, images, software and other content. Subject to the terms and conditions of these Terms, and your compliance with these Terms, LoudShout hereby grants you a limited, personal, non-exclusive and non-transferable license to use and to display the Materials and to use the Services solely for your personal use. Except for the foregoing license, you have no other rights in the Services or any Materials and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Services or Materials in any manner. If you breach any of these Terms, the above license will terminate automatically and you must immediately destroy any downloaded or printed Materials.
3. Mobile Applications The Services are made available via Mobile Applications. To use the Mobile Application you must have a mobile device that is compatible with the mobile service. LoudShout does not warrant that the Mobile Application will be compatible with your mobile device. LoudShout hereby grants to you a non-exclusive, non-transferable, revocable license to use an object code copy of the Mobile Application for one registered account on one mobile device owned or leased solely by you, for your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Application, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Application to any third-party or use the Mobile Application to provide time sharing or similar services for any third-party; (iii) make any copies of the Mobile Application; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Application, features that prevent or restrict use or copying of any content accessible through the Mobile Application, or features that enforce limitations on use of the Mobile Application; or (v) delete the copyright and other proprietary rights notices on the Mobile Application. You acknowledge that LoudShout may from time to time issue upgraded versions of the Mobile Application, and may automatically electronically upgrade the version of the Mobile Application that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that these Terms will apply to all such upgrades. The foregoing license grant is not a sale of the Mobile Application or any copy thereof, and LoudShout and its third-party licensors or suppliers retain all right, title, and interest in and to the Mobile Application (and any copy of the Mobile Application). Standard carrier data charges may apply to your use of the Mobile Application. The following additional terms and conditions apply with respect to any Mobile Application that LoudShout provides to you designed for use on an Apple iOS-powered mobile device (an “iOS App”): You acknowledge that these Terms are between you and LoudShout only, and not with Apple, Inc. (“Apple”). Your use of LoudShout’s iOS App must comply with Apple’s then-current App Store Terms of Service. LoudShout, and not Apple, are solely responsible for our iOS App and the Services and Content available thereon. You acknowledge that Apple has no obligation to provide maintenance and support services with respect to our iOS App. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to our iOS App. You agree that LoudShout, and not Apple, are responsible for addressing any claims by you or any third-party relating to our iOS App or your possession and/or use of our iOS App. You agree that LoudShout, and not Apple, shall be responsible, to the extent required by these Terms, for the investigation, defense, settlement and discharge of any third-party intellectual property infringement claim related to our iOS App or your possession and use of our iOS App. You agree to comply with all applicable third-party terms of agreement when using our iOS App (e.g., you must not be in violation of your wireless data service terms of agreement when using the iOS App). The parties agree that Apple and Apple’s subsidiaries are third-party beneficiaries to these Terms as they relate to your license of LoudShout’s iOS App. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as they relate to your license of the iOS App as a third-party beneficiary thereof.
The following additional terms and conditions apply with respect to any Mobile Application that LoudShout provides to you designed for use on an Android-powered mobile device (an “Android App”): You acknowledge that these Terms are between you and LoudShout only, and not with Google, Inc. (“Google”). Your use of LoudShout’s Android App must comply with Google’s then-current Android Market Terms of Service. Google is only a provider of the Android Market where you obtained the Android App. LoudShout, and not Google, are solely responsible for LoudShout’s Android App and the Services and Content available thereon. Google has no obligation or liability to you with respect to LoudShout’s Android App or these Terms. You acknowledge and agree that Google is a third-party beneficiary to the Terms as they relate to LoudShout’s Android App.
4. Registration If you wish to register for an account with LoudShout to use the Services, you must download the App on your mobile device. When you open the app, you must agree to let LoudShout gather your location information; if you do not agree, the Services will not function. You are not required to submit your name or contact information. We also collect your IP address and generate or collect a unique identifier for your mobile device, which will serve as your user ID.
5. Electronic Communications By using the Services, you consent to receive electronic communications from LoudShout. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the Services. These electronic communications are part of your relationship with LoudShout. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.
8. Unauthorized Activities When using the Services and/or the services, you agree not to: Defame abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others. Use racially or ethnically offensive language. Discuss or incite illegal activity. Post anything that exploits children or minors . Post any copyrighted or trademarked materials without the express permission from the owner. Disseminate any unsolicited or unauthorized advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’, or any other form of such solicitation. Use any robot, spider, scraper or other automated means to access the Services. Take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Alter the opinions or comments posted by others on the Services. Post anything contrary to our public image, goodwill or reputation. This list of prohibitions provides examples and is not complete or exclusive. LoudShout reserves the right to (a) terminate access to your account, your ability to post to the Services (or use the Services) and (b) refuse, delete or remove any Submissions; with or without cause and with or without notice, for any reason or no reason, or for any action that LoudShout determines is inappropriate or disruptive to the Services or to any other user of the Services. LoudShout may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at LoudShout’s discretion, LoudShout will cooperate with law enforcement agencies in any investigation of alleged illegal activity on the Services or on the Internet. Unauthorized use of any Materials or Third-Party Content contained in the Services may violate certain laws and regulations. You agree to indemnify and hold LoudShout and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defense) LoudShout or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third-party that your use of the Services or the use of the Services by any person using your user name and/or password (including without limitation, your participation in the posting areas or, your Submissions) violates any applicable law or regulation, or the copyrights, trademark rights or other rights of any third-party.
As per the provisions of the Section 79 and The Information technology ( Intermediary Guidelines ) Rules, 2011 ( Published In THE GAZETTE OF INDIA : EXTRAORDINARY [ PART II-SEC. 3(i)] NOTIFICATION New Delhi, the 11th April, 2011 G.S.R. 314(E) ) ; as per Rule 3 (2), LoudShout / We herewith inform the users of our App. / computer resource not to host, display, upload, modify, publish, transmit, update or share any information that —
(a) belongs to another person and to which the user does not have any right to;
(b) is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
(c) harm minors in any way;
(d) infringes any patent, trademark, copyright or other proprietary rights;
(e) violates any law for the time being in force;
(f) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(g) impersonate another person; 1330 GI/11-3A THE GAZETTE OF INDIA : EXTRAORDINARY [ : EXTRAORDINARY [ PART II-SEC. 3(i)] 3(i)]
(h) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
(i) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation
9. Intellectual Property Infringement LoudShout respects the intellectual property rights of others, and we ask you to do the same. LoudShout may, in appropriate circumstances and at our discretion, terminate service and/or access to the Services for users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our Site, please provide LoudShout the following information : A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site is covered by a single notification, a representative list of such works at that site. Identification of the material 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 at the Services, and information reasonably sufficient to permit LoudShout to locate the material. Information reasonably sufficient to permit LoudShout to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. 10. Disclaimer of Warranties Your use of the Services and/or the Services is at your own risk. The Materials have not been verified or authenticated in whole or in part by LoudShout, and they may include inaccuracies or typographical or other errors. LoudShout does not warrant the accuracy of timeliness of the Materials contained on the Services. LoudShout has no liability for any loss of, or errors or omissions in Submissions, or for any errors or omissions in the Materials, whether provided by LoudShout, our licensors or suppliers or other users. LOUDSHOUT, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THE SERVICES, THE SERVICES, OR ANY MATERIALS RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THE SERVICES, INCLUDING WITHOUT LIMITATION THE MATERIALS. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES, THE SERVICES, AND MATERIALS AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THE SERVICES IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE”AND “WHERE-IS” BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. LOUDSHOUT DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER.
11. Limitation of Liability LOUDSHOUT SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS TO OR FROM THE SERVICES. IN NO EVENT SHALL LOUDSHOUT BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF LOUDSHOUT KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE.
12. Local Laws; Export Control LoudShout controls and operates the Services from its headquarters in the India and the Materials may not be appropriate or available for use in other locations. If you use the Services outside the India, you are responsible for following applicable local laws.
13. Feedback If you send or transmit any communications, comments, questions, suggestions, or related materials to LoudShout, whether by letter, email, telephone, or otherwise (collectively, “Feedback”), suggesting or recommending changes to the Services, any Services offered through the Services or Materials, including, without limitation, new features or functionality relating thereto, all such Feedback is, and will be treated as, non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and LoudShout is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. You understand and agree that LoudShout is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.
14. Assignment These Terms of Service, and any rights granted hereunder, may not be transferred or assigned by you, but may be assigned by LoudShout without restrictions.
15. General LoudShout reserves the right to modify the terms of service at any time. So we recommend the users to revisit the terms of service agreement to stay aware of the changes. It can be accessed at our website [http://www.loudshout.in/terms]. Your continued use of the LoudShout Services constitutes your agreement to this Terms of Service and any amendments. LoudShout prefers to advise you if we feel you are not complying with these Terms and to recommend any necessary corrective action. However, certain violations of these Terms, as determined by LoudShout, may result in immediate termination of your access to the Services without prior notice to you. If any of the Terms is found to be inconsistent with applicable law, then such terms shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. LoudShout’s failure to enforce any of these Terms is not a waiver of such term. These Terms are the entire agreement between you and LoudShout and supersede all prior or contemporaneous negotiations, discussions or agreements between you and LoudShout about the Services. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.