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ACCEPTANCE OF TERMS
MyShoutbox.com™ provides the MyShoutbox.com™ Services (defined below) to you subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at: http://www.MyShoutbox.com/. By accessing and using the MyShoutbox.com™ Services, you accept and agree to be bound by the terms and provision of the TOS. In addition, when using particular MyShoutbox.com™ owned or operated services, you and MyShoutbox.com™ shall be subject to any posted guidelines or rules applicable to such services, which may be posted and modified from time to time. All such guidelines or rules (including but not limited to the Spam Policy) are hereby incorporated by reference into the TOS. MyShoutbox.com™ may also offer other services that are governed by different Terms of Service.
DESCRIPTION OF THE SERVICES
MyShoutbox.com™ provides users with access to a rich collection of resources. You also understand and agree that the MyShoutbox.com™ Services may include advertisements and that these advertisements are necessary for MyShoutbox.com™ to provide the MyShoutbox.com™ Services. You also understand and agree that the MyShoutbox.com™ Services may include certain communications from MyShoutbox.com™, such as service announcements, administrative messages and the MyShoutbox.com™ Newsletter, and that these communications are considered part of MyShoutbox.com™ membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current MyShoutbox.com™ Services, including the release of new MyShoutbox.com™ properties, shall be subject to the TOS. You understand and agree that the MyShoutbox.com™ Services is provided "AS-IS" and that MyShoutbox.com™ assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. The usage is not associated with any right of an ownership or a right of use.
You understand that the technical processing and transmission of the MyShoutbox.com™ Services, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the MyShoutbox.com™ Services, you represent that you are of legal age to form a binding contract and are not a person barred from receiving the MyShoutbox.com™ Services under the laws of applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the MyShoutbox.com™ Service's registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or MyShoutbox.com™ has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, MyShoutbox.com™ has the right to suspend or terminate your account and refuse any and all current or future use of the MyShoutbox.com™ Services (or any portion thereof). MyShoutbox.com™ is concerned about the safety and privacy of all its users, particularly children. For this reason, parents of children under the age of 13 who wish to allow their children access to the MyShoutbox.com™ Services must create a MyShoutbox.com™ Account. Please remember that the MyShoutbox.com™ Services is designed to appeal to a broad audience. Accordingly, as the legal guardian, it is your responsibility to determine whether any of the MyShoutbox.com™ Services areas and/or Content (as defined in Section 6 below) are appropriate for your child.
MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the MyShoutbox.com™ Service's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify MyShoutbox.com™ of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. MyShoutbox.com™ cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not MyShoutbox.com™, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the MyShoutbox.com™ Services. MyShoutbox.com™ does not control the Content posted via the MyShoutbox.com™ Services and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the MyShoutbox.com™ Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will MyShoutbox.com™ be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or 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 MyShoutbox.com™ Services.
You agree to not use the MyShoutbox.com™ Services to:
You acknowledge that MyShoutbox.com™ may or may not pre-screen Content, but that MyShoutbox.com™ and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the MyShoutbox.com™ Services. Without limiting the foregoing, MyShoutbox.com™ and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by MyShoutbox.com™ or submitted to MyShoutbox.com™, including without limitation information in MyShoutbox.com™ Message Boards and in all other parts of the MyShoutbox.com™ Services.
You acknowledge, consent and agree that MyShoutbox.com™ may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the TOS; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of MyShoutbox.com™, its users and the public. You represent and warrant that your account, domain name and/or any other name does not infringe the copyright, trademark, or any other intellectual property rights of any person or company.
You understand that the MyShoutbox.com™ Services and software embodied within the MyShoutbox.com™ Services may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by MyShoutbox.com™ and/or content providers who provide content to the MyShoutbox.com™ Services. You may not attempt to override or circumvent any of the usage rules embedded into the MyShoutbox.com™ Services. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the MyShoutbox.com™ Services, in whole or in part, is strictly prohibited.
NOTE ABOUT THE INTERNATIONALITY OF THE INTERNET
Please note that the Internet made publicly available content, , ie the content that you publish or distribute in connection with the services, is accessible worldwide. . It is your responsibility to ensure that you are not contrary made accessible content may be applicable to foreign law.
CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICES
MyShoutbox.com™ does not claim ownership of Content you submit or make available for inclusion on the MyShoutbox.com™ Services. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the MyShoutbox.com™ Services, you grant MyShoutbox.com™ the following worldwide, royalty-free and non-exclusive license(s), as applicable:
"Publicly accessible" areas of the MyShoutbox.com™ Services are those areas of the MyShoutbox.com™ network of properties that are intended by MyShoutbox.com™ to be available to the general public. However, publicly accessible areas of the MyShoutbox.com™ Services would not include portions of areas that are limited to members.
You agree to indemnify and hold MyShoutbox.com™ and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit, modify or otherwise make available through the MyShoutbox.com™ Services, your use of the MyShoutbox.com™ Services, your connection to the MyShoutbox.com™ Services, your violation of the TOS, or your violation of any rights of another.
GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that MyShoutbox.com™ may establish general practices and limits concerning use of the MyShoutbox.com™ Services, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the MyShoutbox.com™ Services, the maximum number of email messages that may be sent from or received by an account on the MyShoutbox.com™ Services, the maximum size of any email message that may be sent from or received by an account on the MyShoutbox.com™ Services, the maximum disk space that will be allotted on MyShoutbox.com™'s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the MyShoutbox.com™ Services in a given period of time. You agree that MyShoutbox.com™ has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the MyShoutbox.com™ Services. You acknowledge that MyShoutbox.com™ reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that MyShoutbox.com™ reserves the right to modify these general practices and limits from time to time.
MODIFICATIONS TO SERVICES
MyShoutbox.com™ reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the MyShoutbox.com™ Services (or any part thereof) with or without notice. You agree that MyShoutbox.com™ shall not be liable to you or to any third party for any modification, suspension or discontinuance of the MyShoutbox.com™ Services (or any part thereof).
You may terminate your MyShoutbox.com™ account, any associated email address and access to the MyShoutbox.com™ Services by submitting such termination request to MyShoutbox.com™.
You agree that MyShoutbox.com™ may, without prior notice, immediately terminate, limit your access to or suspend your MyShoutbox.com™ account, any associated email address, and access to the MyShoutbox.com™ Services. Cause for such termination, limitation of access or suspension shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b)requests by law enforcement or other government agencies, (c) discontinuance or material modification to the MyShoutbox.com™ Services (or any part thereof), (d) unexpected technical or security issues or problems, (e) extended periods of inactivity, (f) engagement by you in fraudulent or illegal activities, and/or (g) nonpayment of any fees owed by you in connection with the MyShoutbox.com™ Services. Further, you agree that all terminations, limitations of access and suspensions for cause shall be made in MyShoutbox.com™'s sole discretion and that MyShoutbox.com™ shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the MyShoutbox.com™ Services.
Termination of your MyShoutbox.com™ account includes any or all of the following: (a) removal of access to all or part of the offerings within the MyShoutbox.com™ Services, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of all or part of the MyShoutbox.com™ Services.
The MyShoutbox.com™ Services may provide, or third parties may provide, links to other World Wide Web sites or resources. You acknowledge and agree that MyShoutbox.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 MyShoutbox.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.
MyShoutbox.com™'S PROPRIETARY RIGHTS
You acknowledge and agree that the MyShoutbox.com™ Services and any necessary software used in connection with the MyShoutbox.com™ Services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in advertisements or information presented to you through the MyShoutbox.com™ Services or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by MyShoutbox.com™ or the applicable licensor (such as an advertiser), you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the MyShoutbox.com™ Services, such Content or the Software, in whole or in part.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT MyShoutbox.com™ AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MyShoutbox.com™ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE MyShoutbox.com™ SERVICE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE MyShoutbox.com™ SERVICE; OR (e) ANY OTHER MATTER RELATING TO THE MyShoutbox.com™ SERVICE.
NO THIRD-PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.
MyShoutbox.com™ may provide you with notices, including those regarding changes to the TOS and Services, or other reasonable means now known or hereafter developed. Such notices may not be received if you violate this TOS by accessing the MyShoutbox.com™ Services in an unauthorized manner. Your agreement to this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed the MyShoutbox.com™ Services in an authorized manner.
You agree that all of MyShoutbox.com™’s trademarks, trade names, service marks and other MyShoutbox.com™ logos and brand features, and product and service names are trademarks and the property of MyShoutbox.com™ (the "MyShoutbox.com™ Marks"). Without MyShoutbox.com™'s prior permission, you agree not to display or use in any manner the MyShoutbox.com™ Marks.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
MyShoutbox.com™ respects the intellectual property of others, and we ask our users to do the same. MyShoutbox.com™ may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. 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 provide MyShoutbox.com™ with the following information:
Entire Agreement. The TOS constitutes the entire agreement between you and MyShoutbox.com™ and governs your use of the MyShoutbox.com™ Services, superseding any prior version of this TOS between you and MyShoutbox.com™ with respect to the MyShoutbox.com™ Services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other MyShoutbox.com™ services, affiliate services, third-party content or third-party software.
Waiver and Severability of Terms. The failure of MyShoutbox.com™ to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the MyShoutbox.com™ Services or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.