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By using the OUTSHOUTS.com web site (the "Service"), a service of OUTSHOUTS LLC ("OUTSHOUTS"), you accept the following terms and conditions (the “Terms of Use”). You are also aware of our Privacy Statement located on the OUTSHOUTS.com web site. Use of the Service is governed also by the Privacy Statement, which is incorporated into these Terms of Use by this reference. In the event of inconsistency between these Terms of Use and the Privacy Statement, these Terms of Use shall prevail.

Main Features of the Service and the Software

The main features of the Service let you:

1. Create, send and receive personal audio and video messages through email, IM, the web, and/or through your mobile phone. A message of this type will hereinafter be referred to as an “OUTSHOUT”.
2. Add friends and/or other OUTSHOUTS members as your contacts.
3. Browse the OUTSHOUTS website and rate, comment, forward, watch and listen to messages posted by other OUTSHOUTS members who have designated their content as public.
4. Listen to public OUTSHOUTS on OUTSHOUTS Radio.
5. Display and access a personal archive of messages in your personal pages.
6. Access/share information from your personal page with a mobile phone.

General Conditions

1. You must be at least 13 years of age to use the Service.
2. You agree to keep your password secure and confidential.
3. You are solely responsible for any activity that occurs under your screen name, password or account.
4. You must not harass, intimidate or impersonate other OUTSHOUTS users or use any information obtained from the Service in order to do so.
5. The Service and the Software are only for your personal use. You are not allowed to use the Service and/or the Software for any commercial purposes.
6. You agree not to engage in any illegal or unauthorized conduct (including but not limited to transmitting viruses or other harmful files) on or through the Service or by using OUTSHOUTS software. You agree to comply with all local laws (including but not limited to those relating to copyright and other intellectual property rights) that may be applicable to you regarding acceptable online conduct and content.
7. You are solely responsible for any data, screen names, graphics, photos, profiles, audio clips, links and any other content (the “Content”) that you submit and display on the Service. You may not submit and display on the Service any copyrighted material, trademarks or other proprietary Content belonging to others without indicating a copyright and/or obtaining the prior written consent of the owner of such proprietary rights.
8. We may, but have no obligation to, remove Content and accounts containing Content that we consider in our sole discretion being unlawful, offensive, threatening, obscene or otherwise objectionable or violate any party's intellectual property rights or these Terms of Use. While OUTSHOUTS prohibits such Content on the Service, you understand and agree that the Content posted on the Service by its users is not necessarily reviewed by OUTSHOUTS and OUTSHOUTS cannot be responsible for the Content.
9. You agree to indemnify, defend and hold OUTSHOUTS harmless from and against any and all claims, damages, losses and expenses (including but not limited to reasonable legal fees) relating to any acts by you, including but not limited to any Content submitted by you, in connection with using the Service and the Software, resulting in claims against us by other users or third parties.
10. You agree not to hack the Service or the Software.
11. You agree not to engage in any conduct or statement which falsely implies any association between OUTSHOUTS, the Service or the Software and yourself or other entity.
12. You must not create, upload, email or otherwise make available any unsolicited commercial messages to any OUTSHOUTS users.
13. You agree to pay for any and all network data charges that may be incurred when you initiate a paid account or any upgrades thereto, or use the Service. Periodically, we may display and send to you targeted advertisements on or through the Service, the Software or SMS. Should you not wish to receive targeted advertisements through SMS, you can prohibit it by notifying us of the same ("opt-out"). In the future, we may also offer you with premium service features and you will then have the option to decide whether to subscribe to and pay for such premium services. In addition to these Terms of Use, also additional purchase terms and conditions may apply to the subscription and payment of such premium services in which case those additional terms and conditions will be added to the OUTSHOUTS web site.
14. We reserve the right to modify or terminate the Service and the Software, and to refuse the Service to anyone, for any reason, with or without notice, at any time.
15. The Service makes it possible to post messages hosted on the Service to outside web sites. This use is accepted (and even encouraged!). However, pages on other web sites which display data hosted on the Service must provide a link back to the OUTSHOUTS.com web site.
16. If any of the provisions of these Terms of Use are declared void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the initial intent of these Terms and Conditions, so that these Terms and Conditions shall remain in full force and effect.

Community Conduct

We respect and support the right to free speech but reserve the right to terminate an account when the user's expression infringes on other users' rights, including intellectual property and privacy rights. The community may also limit the conduct of users that the community as a whole finds objectionable. Without limitation, OUTSHOUTS reserves the right to terminate your access to and use of the Site, Software or Network if, in our view, your conduct fails to meet any of the following guidelines or other guidelines that may be provided on the OUTSHOUTS site from time to time. Please be responsible when dealing with other members of the OUTSHOUTS community. Here are a few common sense rules to keep in mind:

• We do not allow audio clips that discuss dangerous or illegal acts, or sexually explicit content. OUTSHOUTS is not a shock site. If your audio clip sounds like someone getting hurt, attacked, or humiliated, or if it's deliberately obscene, don't post it.
• Don't use any other user's personal data for purposes other than establishing contact that is reasonably expected to be welcomed by that user. There is zero tolerance for predatory behavior, stalking, threats, harassment, invading privacy, or the revealing of other members' personal information. Anyone caught doing these things may be permanently banned from OUTSHOUTS.
• We don't permit hate speech which contains slurs or vulgar content intended to attack or demean a particular gender, sexual orientation, race, religion, or nationality.
• Do not use the site for uploading, posting, emailing, transmitting, disseminating, or otherwise making available junk mail, spam, chain letters, pyramid schemes, unsolicited or unauthorized commercial advertisements or promotional materials, or any other form of commercial solicitation.
• Do not use the site for uploading, posting, emailing, transmitting or otherwise making available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
• Please respect copyright. Only upload clips that you made or that you have obtained the rights to use. Otherwise, keep that copyright box checked if the track you're uploading contains a copyright owned by someone else.
• If your clip gets flagged as inappropriate, we review the clip to determine whether it violates our Terms of Use. Flagged clips are not automatically taken down by the system. If we remove your clip after reviewing it, you can assume that we removed it on purpose.

All judgments concerning the applicability of these guidelines will be at the sole and exclusive discretion of OUTSHOUTS..

Copyright Infringement Notification

OUTSHOUTS makes every effort to protect copyright. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify OUTSHOUT's agent for notice of claims of copyright or other intellectual property infringement (“Agent”) in writing at:
Please provide our Agent with the following Notice:

1. Identify the copyrighted work or other intellectual property that you claim has been infringed;
2. Identify the material on the OUTSHOUTS website that you claim is infringing, with enough detail so that we may locate it;
3. 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;
4. A statement by you declaring under penalty of perjury that (a) the above information in your Notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
5. Your address, telephone number, and email address; and
6. Your physical or electronic signature.

Upon review, OUTSHOUTS will remove the infringing content subject to the procedures outlined in the Digital Millennium Copyright Act (DMCA).

Limitation of Liability

1. The Service and the Software are made available to you for your convenience on an "as is" and "as available" basis. OUTSHOUTS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS OR WARRANTIES (INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, RELIABILITY OR NON-INFRINGEMENT) REGARDING THE USE OR THE RESULTS OF THE USE OR THE CONTENTS OF THE SERVICE OR THE SOFTWARE. OUTSHOUTS does not warrant or represent that the Software will be free of all viruses. You understand that the Service and the Software are still beta versions and may not perform with complete functionality, may be undergoing testing, may be inconsistently available, may have software "bugs" and may have other issues affecting availability and functionality. In addition to all other disclaimers and limitations of liability contained in these Terms of Use, you specifically agree that OUTSHOUTS is not liable for any of the above issues. Moreover, you understand that OUTSHOUTS does not warrant or represent that the Service and/or the Software will work on all mobile phones, will be compatible with all mobile phone networks and/or will be available in all geographical areas.
2. OUTSHOUTS SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, WHETHER DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL, ARISING OUT OF THE USE OF OR THE INABILITY TO USE THE SERVICE OR THE SOFTWARE, OR THE RESULTS OR THE CONTENTS THEREOF, TO THE GREATEST EXTENT PERMITTED BY LAW.
3. If you are dissatisfied with the Service or the Software, or have any other disputes or claims with or against OUTSHOUTS with respect to the Service or the Software or these Terms of Use, then your sole and exclusive remedy is to discontinue using the Service and/or the Software.

Modification of these Terms of Use

You understand that we are continuously developing the features and the functionality of the Service and the Software. Consequently, we also reserve the right to modify these Terms of Use at any time in our sole discretion. You agree that such alteration shall be effective upon posting on the OUTSHOUTS.com web site and you will be bound to any alterations when you use the Service after such alteration is posted. It is therefore important that you review these Terms of Use regularly on the OUTSHOUTS.com web site to ensure you are updated regarding any alterations. Your sole remedy should you not agree with the altered Terms of Use shall be to close your account and to cease using the Service and the Software.

OUTSHOUTS PRIVACY POLICY

OUTSHOUTS strives to protect the privacy of Members through consistent implementation of this Privacy Policy. This Privacy Policy is incorporated into, and part of, the Terms of Service which govern your use of the Site in general.

• When an OUTSHOUT is sent, the sender can designate it as “private”. This designation means that OUTSHOUTs will normally send that OUTSHOUT to only its designated recipients, and the OUTSHOUT will not normally be visible on OUTSHOUTS Radio, or on public profile pages. This is the limit of this privacy mechanism. For example, designated recipients can forward a private OUTSHOUT to other recipients, and that forwarded OUTSHOUT need not be private. Other mechanisms are possible for unintended parties to gain access to private OUTSHOUTS. Thus, do not use OUTSHOUTS for personal, sensitive, confidential or other information that you do want disclosed. OUTSHOUTS SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, WHETHER DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL, ARISING OUT OF THE DISCLOSURE OF PRIVATE OUTSHOUTS, OR THE RESULTS OR THE CONTENTS THEREOF, TO THE GREATEST EXTENT PERMITTED BY LAW.
• We don't sell, rent or loan your name, email address, mobile phone number or other personal information to anyone. However, if in the future, OUTSHOUTS LLC or substantially all of its assets are acquired, customer information may be transferred to the acquiring party. Other than that, OUTSHOUTS LLC will not disclose the contents of a Member's information to anyone unless required to do so by law or in the good faith belief that such action is necessary as outlined by our Terms of Service.
• During registration to our Service, you must provide your valid email address and choose a User ID and password. It is your responsibility to keep your password strictly confidential.
• We store certain private information collected during the registration process, such as your email address, and mobile phone number in order to administer our Service, but provide you with the option to display only a OUTSHOUTS LLC ID (user name) on the Service. You can see or edit the information stored by accessing your profile. Residual information pertaining to you may remain reside within our system if you elect to terminate your account.
• To support the social networking aspects of the Service we encourage Members to provide profile information, such as geographic location, birthday, etc. However, this information is provided at the sole discretion of the Member and in addition, a Member has the ability to selectively display their profile information on the Service and to edit or delete it as it appears in the profile.
• We automatically receive and record information on our server logs from your browser, including IP address, cookie and requested page. We use this information for service improvements, research, anonymous reporting, and to make the site more convenient, such as automatically recognizing you when you return.
• Registered users and subscribers may access features such as message boards that allow other registered users and subscribers to communicate with each other. Any information that you send or post via our Site's community features will be considered public information and we cannot be held responsible for any information you choose to make public. We may, but are not obligated to, monitor our Site's community features through computer software or human personnel to check for obscenity, defamation or other types of abusive language, or for content that may infringe our rights or the rights of others, all of which we may remove at any time.
• OUTSHOUTS LLC uses software that is designed to protect the copyrights associated with the tracks you listen to. In order to make sure that artists and copyright owners receive applicable royalties, this software identifies and counts the songs you have accessed. At the aggregate level (i.e., not tied to the personal information of any user), we use this data to report and pay royalties, for internal analysis and we share this data with certain Partners for their own analysis. We do not share your personal usage data with any third parties. We may use your personal usage data for a variety of Service-related purposes including, without limitation, for displaying advertising to users of the free ad-supported version of the Service.
• Other than as set forth in this Privacy Policy, we do not share your personal information with other companies. While we may use personal information (such as age, gender or personal usage data) to display advertising to registered users of the ad-supported version of the Service, we do not share personal information with our advertisers.
• Children under 13 are not permitted to use the OUTSHOUTS LLC Service, and thus this policy makes no provision for children's use of the Service.
• No security system is impenetrable and risks of breach exist in any system. However, we promise to make consistent efforts to keep your information secure. Although we will take (and require our third-party providers to take) commercially reasonable security precautions regarding your personal information collected from and stored on the Site, due to the open nature of the Internet, we cannot guarantee that any of your personal information stored on our servers, or transmitted to or from a user, will be free from unauthorized access, and we disclaim any liability for any theft or loss of, unauthorized access or damage to, or interception of any data or communications. By using the Site, you acknowledge that you understand and agree to assume these risks.
• If we change our privacy policy, we will post those changes on our web site so our users are always aware of what information we collect, how we use it and under what circumstances, if any, we disclose it.

By using this Site, you signify your acceptance of our Privacy Policy. If you do not agree to this Privacy Policy, please do not use our Site. We reserve the right, at our discretion, to change, modify, add, or remove portions from this Privacy Policy at any time so visitors are encouraged to review this Privacy Policy from time to time. Your continued use of our Site following the posting of changes to these terms means you accept these changes.

If you have any questions regarding our Privacy Policy you can contact us at :
Privacy@OUTSHOUTS.com.