Terms and Conditions

Overview
The terms and conditions on this page apply to both users of SHOUT's web-based user interface and anyone using an application programming interface (API) in connection with the SHOUT service.

PLEASE READ THESE TERMS OF USE COMPLETELY AND CAREFULLY. THEY MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS PAGE. BY USING THIS SERVICE (ALSO REFERRED TO AS "WEBSITE"), WHETHER THROUGH SHOUT'S WEBSITE OR THROUGH AN API, YOU INDICATE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO THESE TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS OF USE, PLEASE DISCONTINUE USE OF THIS SERVICE IMMEDIATELY. IF YOU ARE A RESELLER OR A USER OF SHOUT', YOU ALSO AGREE TO INCORPORATE THESE POLICIES INTO YOUR OWN POLICIES, PRODUCTS, AND SERVICES AND TO ENSURE THAT YOUR CUSTOMERS OR USERS ADHERE TO THESE TERMS.

SHOUT reserves the right, at its sole discretion, to modify and post these Terms of Use at any time without prior notice. You are advised to visit this page to review the current Terms of Use on a regular basis.

SHOUT provides businesses and organizations with a variety of tools to collect names, phone numbers, email addresses, and other information on an opt-in basis.

SHOUT divides those you communicate with into two categories: (1) management communications, and (2) marketing communications.

“Management Communications” means either: (1) messages you send via SHOUT for the purpose of providing support to a customer who proactively contacts you, or (2) messages you send via SHOUT to those who are part of your business organization.“Marketing Communications” means messages you send via SHOUT for the purpose of inducing someone to buy a good, service, or subscription. A messages still constitutes a Marketing Communication even if you have a prior relationship with the recipient and even if the recipient reached out to you for a purpose like customer service.

SHOUT also provides a tool to help you import contact information. If you import contact information for the purpose of making Marketing Communications, SHOUT will require you to provide documentary evidence that those whose contact information is being imported gave affirmative, written consent to receive Marketing Communications.

In addition, industry regulations prohibit text-to-win campaigns by shared short code or transmitting undesirable content such as violence, pornography, alcohol, illegal drugs, and other prohibited material described in this document.

SHOUT's service may NOT be used for sending any unsolicited messages (commonly known as spam) except for government-sanctioned cases such as financial and healthcare alerts. You agree to the privacy and anti-spam policies described in this document and agree to enforce the indicated permission-based marketing practices with anyone using your account as required by law. You agree to assume full responsibility and accept the legal consequences of any action by anyone using your account.

SHOUT reserves the right to suspend or terminate your account at any time, at its sole discretion, and without prior warning or refund if your account activity is reasonably believed to violate any term in this agreement or applicable law. Violation of applicable anti-spam regulation may also cause third-party legal action against you. SHOUT also reserves the right to refuse service if SHOUT believes that your conduct is harmful to the interests of SHOUT and its affiliates. SHOUT reserves the sole discretion and right to permanently delete archived data after 90 days.

SHOUT promises that it will not sell phone numbers that users upload into the system. SHOUT also will not lease lists of phone numbers, or otherwise disclose the phone numbers to third parties who are obtaining them for marketing purposes.

SHOUT will not use your database or any other private information stored in your account for any purpose other than those indicated in these Terms of Use or to comply with legal requirements.


Permission-Based Subscription Requirements
SHOUT has a no-tolerance policy toward spam. Although SHOUT does not assume the duty or obligation to monitor messages, SHOUT reserves the right, in its sole and absolute discretion, to monitor any and all messages created or sent by you or any third party at any time without prior notice to ensure that they conform to guidelines and policies pertaining to our Website and services.

Evading SHOUT's monitoring system or the transmission of spam messages through the system violates these Terms of Use. If you know of or suspect any violators, please notify us immediately by clicking here.

Every outgoing email via the SHOUT service must contain a link that allows the recipient to unsubscribe from your distribution list(s).

If the recipient of a Management Communication responds with “STOP,” “UNSUBSCRIBE” or comparable, you must immediately stop sending Management Communications to that person.

All mobile messages which are Marketing Communication must conform to the latest available best-practice guidelines published by the Mobile Marketing Association (currently available at http://www.mmaglobal.com/policies/consumer-best-practices), which you agree to review before using SHOUT's service. For example, and without limitation, every Marketing Communication SMS message must include "STOP" instructions.

IMPORTANT REQUIREMENTS FOR MARKETING COMMUNICATIONS: You may not send Marketing Communications prior to obtaining affirmative, written consent from the recipient. You must include the opt-in disclosure shown below in all of your Marketing Communications.

Summary Terms & Conditions: Thanks for subscribing. You may unsubscribe at any time by replying STOP.


Privacy and Anti-Spam Policies
The following terms and information (ending at "Warranty Disclaimer") constitute an introduction to the concept of spam and the general contours of a responsible, permission-based Marketing Communication campaign. This general information is not an exclusive source for applicable laws, guidelines, and compliance responsibilities pertaining to your use of SHOUT's service. In the event of any conflict between the information below and any law or industry regulation, you are to observe the applicable law or regulation.

What is spam?
Spam is any type of unsolicited message. You should not assume that an existing relationship with any message recipient constitutes permission to send messages. For example, if a customer disclosed a mobile number in the course of business but did not give you specific permission to send Marketing Communication, you must receive explicit consent to send Marketing Communication to that number. Before using SHOUT's service, you agree to review and abide by the following linked resources and to check for any revisions, as they may be amended over time.

TCPA

CAN-SPAM Act

MMA

CTIA

CRTC (for sending messages to Canada)


What constitutes consent?
As required by law, all recipients of Marketing Communication must be clearly and fully notified of (1) the collection of their contact information, (2) the purpose of its collection, and (3) the use of their contact information, and they must give explicit consent prior to receiving your Marketing Communication. The required record of consent differs depending on the nature of your message. Marketing Communication messages require prior WRITTEN consent. You must obtain consent even if you have had prior business relations with the recipients. Purchasing a product or service from you, participating in an event with you, or "liking" or "following" your business on Facebook or Twitter does not constitute consent to receiving messages from you. If you require confirmations of opt-ins to your service but do not receive a response from a given contact, you do not have sufficient consent and may not send messages to that contact.

What constitutes prior express written consent?
If you are sending text or voice solicitations, your campaign must meet the "prior express written consent" standard. The revised TCPA rule defines prior express written consent as a signed written agreement that clearly and conspicuously discloses the following to the consumer.

Signing the agreement authorizes the seller to deliver telemarketing messages to a designated phone number by use of an automatic telephone dialing system.

The consumer is not required to sign the agreement or agree to enter into it as a condition of purchasing any property, goods, or services.

As indicated in the ESIGN Act, the required signature may be obtained via email, online form, text message, telephone keypad, or voice recording.

You agree that you will not access or otherwise use any third-party list of email addresses or phone numbers or otherwise engage in unsolicited messaging in connection with our service.

You agree that you will import, add, edit, access and otherwise use in connection with SHOUT's Marketing Communication service only contact information with proof, which you shall retain, of each subscriber's' prior express written consent to receive Marketing Communication from you. SHOUT reserves the right, at its sole and absolute discretion, to deny access to import functions, to impose a stringent qualification process, to require proof of consent or opt-in method, or to require documentation of your or your organization's legal identity.

You agree to represent truthfully your identity, the identity of your organization, your product or service, availability, pricing, benefits, and any other offering aspects to your subscribers in all messages.

You agree to comply with all local, state, and federal regulations as well as general practices governing your content or promotion type.


Acceptable Use Policy
SHOUT reserves the right to determine any violation of this Acceptable Use Policy at its sole discretion. SHOUT's services may be used for only lawful purposes. Using the services in an illegal or abusive manner or any other manner that interferes with or diminishes others' use or enjoyment of the services is prohibited.

The following list gives examples of illegal, abusive, interfering, or otherwise illicit use of the services. This list is provided by way of example and shall not be considered exhaustive.

Adversely affecting the availability, reliability, or stability of SHOUT's services

Launching or facilitating, whether intentionally or unintentionally, a denial-of-service attack on any of SHOUT's services

Attempting to bypass, disable, or impair any security measure or otherwise using the services in any manner posing a security or service risk to SHOUT, any SHOUT client, or any of their subscribers

Testing or reverse-engineering the services in order to evade filtering capabilities or to find limitations or vulnerabilities

Using the services in any manner that may subject SHOUT or any third party to liability, damages, or danger

Using the services in any manner that violates any applicable third-party policy or requirement

Using the services in any manner that violates the Mobile Marketing Association's guidelines or best practices, carrier guidelines, or any other industry standard

Promoting or engaging in any illegal activity, including but not limited to fraud, in any connection with your account

Using any property or material trademarked or copyrighted by SHOUT in any manner other than those expressly permitted under these Terms of Use

In message transmission or any other manner violating, infringing, or misappropriating the rights of any third party, including but not limited to trademarks, copyrights, and rights of publicity

Harvesting or otherwise collecting without consent information including but not limited to email addresses and phone numbers

Engaging in spamming or any other activity that violates anti-spamming laws and regulations, including but not limited to the CAN-SPAM Act, the Telephone Consumer Protection Act, and the Do-Not-Call Act

Using the services in connection with any unsolicited or unwanted transmissions (commercial or otherwise), including but not limited to phone call, text message, and voicemail

Offering any emergency services ("emergency services" meaning any communications connection to emergency personnel or to public-safety answering points such as 911 and E911)

Using your account to mislead others as to the identity of the sender or the origin of a message or phone call by any means including but not limited to a false identity, a misleading email address or phone number, and a forged header

Violating or facilitating the violation of any U.S. or foreign law governing the transmission of technical data or software

Interfering with or disrupting any network connected to SHOUT services or violating the regulations, policies, or procedures of any such network

Using the SHOUT services or any component thereof in a manner not authorized by SHOUT


Prohibited Content
In addition to and without limitation to terms under the Acceptable Use Policy, SHOUT prohibits any use of the service in connection with any of the following types of content, products, and services.

Pornography, sexual products, otherwise sexually explicit material, and escort services


Illegal drugs and drug contraband
Alcoholic beverages, especially any promotion of alcohol to persons under 21 years of age

Pirated computer programs, viruses, worms, Trojan horses, or other harmful code

Instructions or materials for the assembly of bombs or other weapons

Disclosure of anyone's private or personally identifying information without such party's prior express written consent (or parents' prior express written consent in the case of a minor)

Material that displays any person under 18 years of age in an illicit or otherwise exploitative manner

On the basis of the practices and standards of your industry and community, any illegal or improper promotion to persons under 18 years of age

Products, services, or content commonly associated with unsolicited commercial messages (a.k.a. spam), including but not limited to online and direct pharmaceutical sales (e.g., health and sexual well-being products),, credit or finance management (e.g., credit repair, debt relief, stock and trading tips), mortgage finance, claims of lost bank accounts or inheritances, and odds-making and gambling services (e.g., poker, casino games, horse and dog racing, college and professional sporting events)

Any libelous, defamatory, scandalous, threatening, or harassing activity

Objectionable content including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and any discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age

Advocation, promotion, or other encouragement of violence against any government, organization, group, or individual or any instruction, information, or assistance in causing or carrying out such violence

Any product or service related to death (e.g., mortuaries and cemeteries)

Any product or service that is unlawful where such product or service or promotion thereof is received

Images of authors, artists, photographers, or others without prior express written consent form the content owner

Any mention of any wireless carrier or any representation that copies or parodies any product or service of any wireless carrier


Warranty Disclaimer
SHOUT PROVIDES ITS SERVICE AND ALL RELATED CONTENT ON AN "AS IS" BASIS. SHOUT AND ITS LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESSED, IMPLIED, OR STATUTORY. EXCEPT TO THE EXTENT PROHIBITED BY LAW, SHOUT DISCLAIMS ALL WARRANTIES, INCLUDING AND WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR ANY PARTICULAR PURPOSE, TITLE, AND QUIET ENJOYMENT AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE.

WITH THE EXCEPTION OF TERMS INDICATED IN ANY SEPARATE SERVICE LEVEL AGREEMENT, SHOUT DOES NOT WARRANT THAT ITS SERVICES OR WEBSITE WILL FUNCTION AS DESCRIBED OR WILL BE TIMELY, UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS OR THAT ANY STORED DATA WILL BE SECURE OR SAFE FROM LOSS OR DAMAGE. ALTHOUGH SHOUT SHALL NOT BE RESPONSIBLE FOR ANY SERVICE OR WEBSITE INTERRUPTION, SHOUT WILL ATTEMPT TO REROUTE TRAFFIC THROUGH ANOTHER SHARED SHORT CODE IF THE PRIMARY SHORT CODE IS IMPAIRED.

NO VERBAL ADVICE OR WRITTEN INFORMATION GIVEN BY SHOUT, ITS EMPLOYEES, LICENSORS, LICENSEES, AFFILIATES, OR AGENTS OR BY ANY OTHER THIRD PARTY SHALL CREATE ANY WARRANTY. NOR MAY YOU OR YOUR SUBSCRIBERS INTERPRET ANY SUCH INFORMATION OR ADVICE AS SUCH REPRESENTATION.


Indemnification
You hereby agree to defend, indemnify, and hold harmless SHOUT and its business and technology partners, underlying technology creators, third-party suppliers, operators and providers, licensors, board members, officers, directors, shareholders, employees, distributors, resellers, affiliates, and agents from and against any damages, losses, liabilities, judgments, fines, settlements, and expenses (including, without limitation, costs and reasonable attorneys' fees) in connection with any claim or action arising from any cause such as (i) any act or omission that, if true, would constitute a breach of this agreement, (ii) any privacy or spam policy violation alleged to have been committed through any use of your SHOUT account, (iii) any other use of SHOUT's service in any manner not authorized by these Terms of Use, in violation of the restrictions herein, or in violation of applicable law, and (iv) any other reason including but not limited to acts of God, destruction, theft, defects, viruses, communication failure, failure of performance, impairment or loss of data, suspension or termination of service, and unauthorized access to SHOUT's system, records, data, or settings.

You agree that SHOUT has the right to seek and recover all of its damages caused by you through any use of the service in an unlawful manner, in a manner that violates SHOUT's privacy, acceptable use, import, or anti-spam policies, or in a manner inconsistent with the terms of this agreement. You acknowledge that such damages may include, without limitation, direct, indirect, special, incidental, cover, reliance, and consequential damages. You acknowledge and agree that this provision will apply to all services from SHOUT and its affiliates whether or not SHOUT is notified of any possibility of such damages. The terms of this section shall survive the termination of this agreement regardless of the cause or nature of such termination.


Termination
You may terminate this agreement at any time by submitting a support ticket through SHOUT's user interface. Service may not be cancelled by any other method such as phone, email, or letter.

Lack of activity alone does not automatically terminate your account, and you are responsible for service fees until you expressly cancel your account or until your data has been purged (whichever occurs first). SHOUT may delete any of your archived data after 30 days following the date of termination. If your account has not been cancelled and is classified by SHOUT as inactive for at least 90 days, SHOUT reserves the sole discretion and right to permanently and irrevocably delete all of your account data. In the absence of an explicit cancellation request by support ticket, you agree to pay any and all applicable fees through the date of SHOUT's purging of your data. You understand and agree that SHOUT will make no refund of any fees whether or not the service has been used.

At any time, with or without notice, SHOUT may terminate this agreement or the service or disable your account in whole or in part at SHOUT's sole discretion. SHOUT shall bear no liability to you or any third party because of any such action.


Acknowledgements
You hereby acknowledge and agree to the following terms, subject in each case to the terms indicated elsewhere in this agreement.

The service will be subject to monthly or yearly software license fees

Some features may not be permissible under the laws of certain jurisdictions. You agree that you bear sole control and responsibility over compliance with any such laws and assume sole liability for any noncompliance.

SHOUT is not required to provide data outside the system that are already available through the user interface, including but not limited to exported files containing specific messages, subscriber phone numbers, and opt-out lists.

You are not allowed to import or incorporate (into any contact list, message, social campaign) or upload (to SHOUT servers) any of the following information: social security numbers, national insurance numbers, credit card numbers, passwords, security credentials, or sensitive personal or medical information of any kind.

Text-to-win sweepstakes may be approved only by use of a dedicated short code. Shared short codes may not be used for such promotions.

If any provision of this agreement is found to be unenforceable or invalid, such provision shall be limited or annulled to the minimum necessary extent to leave the remainder of this agreement fully enforceable and valid.

You and SHOUT agree that this agreement is a factual and necessary statement of the mutual understanding and working relationship of the parties and that all waivers and modifications must be in writing signed by both parties, except as otherwise provided herein. No verbal exception or agreement with any SHOUT representative will be honored. No delay or omission by SHOUT in exercising any right or remedy under this agreement or existing at law or equity shall be considered a waiver of such right or remedy.

No agency, partnership, joint venture, or employment is created as a result of this agreement, and you have no authority of any kind to bind SHOUT in any respect whatsoever.

In any action or proceeding with you to enforce SHOUT's rights under the Agreement, you agree that SHOUT will be entitled to recover its costs and attorneys' fees.

The agreement shall be governed by the laws of the State of California, without regard to its choice of law or conflict of law's provisions. All legal actions in connection with the agreement shall be brought in the state or federal court located nearest Los Angeles, California.

SHOUT reserves the right to refuse, suspend, disable, or terminate any party's service, in whole or in part, at any time, for any reason, and without notice. SHOUT shall bear no liability to you or any third party for any direct, indirect, incidental, special, or consequential damages due to any manner of use or inability to use service elements including but not limited to short codes, mobile keywords, online signup pages, API keys, login access, the control panel, and DSP email servers.

If you have any questions, concerns, or comments about the Terms of Use, you may click here to contact us.

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