IMPORTANT ANNOUNCEMENT
ShoutMix Web Services will cease all its operations permanently on May 31, 2017.
ShoutMix has stayed in service for as long as possible but the service has finally come to an end.
The platform and most of the software involved have reached their end of life.

Terms of Service

The following terms and conditions govern all use of the ShoutMix.com website and all content, services and products available at or through the website (taken together, the “Platform”). The Platform is owned and operated by ShoutMix Web Services (“ShoutMix”). The Platform is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, ShoutMix’s Privacy Policy) and procedures that may be published from time to time on this Platform by ShoutMix (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the Platform. By accessing or using any part of the Platform, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Platform or use any services. If these terms and conditions are considered an offer by ShoutMix, acceptance is expressly limited to these terms. The Platform is available only to individuals who are at least 13 years old.

  1. Your ShoutMix Account and Shoutbox. If you create a shoutbox on the Platform, you are responsible for maintaining the security of your account and shoutbox, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the shoutbox. You must not describe or assign keywords to your shoutbox in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and ShoutMix may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause ShoutMix liability. You must immediately notify ShoutMix of any unauthorized uses of your shoutbox, your account or any other breaches of security. ShoutMix will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.

  2. Responsibility of Contributors. If you operate a shoutbox, post material to the Platform, post links on the Platform, or otherwise make (or allow any third party to make) material available by means of the Platform (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:

    • the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;

    • if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;

    • you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;

    • the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;

    • the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);

    • the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;

    • your shoutbox is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;

    • your shoutbox is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your shoutbox’s URL or name is not the name of a person other than yourself or company other than your own; and

    • you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by ShoutMix or otherwise.

    By submitting Content to ShoutMix for inclusion on your shoutbox, you grant ShoutMix a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your shoutbox. If you delete Content, ShoutMix will use reasonable efforts to remove it from the Platform, but you acknowledge that caching or references to the Content may not be made immediately unavailable.

    Without limiting any of those representations or warranties, ShoutMix has the right (though not the obligation) to, in ShoutMix’s sole discretion (i) refuse or remove any content that, in ShoutMix’s reasonable opinion, violates any ShoutMix policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Platform to any individual or entity for any reason, in ShoutMix’s sole discretion. ShoutMix will have no obligation to provide a refund of any amounts previously paid.

  3. Payment and Renewal.

    • General Terms. Paid services are available on the Platform (any such services, a “Plan”). By selecting a Plan you agree to pay ShoutMix the monthly or annual subscription fees indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up for a Plan and will cover the use of that service for a monthly or annual subscription period as indicated. Plan fees are not refundable.

    • Automatic Renewal. Unless you notify ShoutMix before the end of the applicable subscription period that you want to cancel a Plan, your Plan subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such Plan (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Your Plan can be canceled at any time by contacting sales@shoutmix.com.

  4. Service Plan

    • Fees; Payment. By signing up for a Plan, you agree to pay ShoutMix the setup fees and monthly hosting fees indicated at http://www.shoutmix.com/v3/plans.php in exchange for the services listed at http://www.shoutmix.com/v3/plans.php. Applicable fees will be invoiced starting from the day your Plan is established and in advance of using such services. ShoutMix reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. Plan can be canceled by you at anytime on 30 days written notice to ShoutMix.

    • Support. Plan includes access to email support. “Email support” means the ability to make requests for technical support assistance by email at any time (with reasonable efforts by ShoutMix to respond within three business day) concerning the use of the Platform. All email support will be provided in accordance with ShoutMix standard practices, procedures and policies.

  5. Responsibility of Platform Visitors. ShoutMix has not reviewed, and cannot review, all of the material, including computer software, posted to the Platform, and cannot therefore be responsible for that material’s content, use or effects. By operating the Platform, ShoutMix does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Platform may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Platform may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. ShoutMix disclaims any responsibility for any harm resulting from the use by visitors of the Platform, or from any downloading by those visitors of content there posted.

  6. Content Posted on Other Websites. ShoutMix has not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which ShoutMix.com links, and that link to ShoutMix.com. ShoutMix does not have any control over those non-ShoutMix websites and webpages, and is not responsible for their contents or their use. By linking to a non-ShoutMix website or webpage, ShoutMix does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. ShoutMix disclaims any responsibility for any harm resulting from your use of non-ShoutMix websites and webpages.

  7. Copyright Policy. As ShoutMix asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by ShoutMix.com violates your copyright, please contact and provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) 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, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) 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 copyright owner.

    ShoutMix will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. ShoutMix will terminate a visitor’s access to and use of the Platform if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of ShoutMix or others. In the case of such termination, ShoutMix will have no obligation to provide a refund of any amounts previously paid to ShoutMix.

  8. Intellectual Property. This Agreement does not transfer from ShoutMix to you any ShoutMix or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with ShoutMix. ShoutMix, ShoutMix.com, sht.mx, the ShoutMix logo, and all other trademarks, service marks, graphics and logos used in connection with ShoutMix, or the Platform are trademarks or registered trademarks of ShoutMix. Other trademarks, service marks, graphics and logos used in connection with the Platform may be the trademarks of other third parties. Your use of the Platform grants you no right or license to reproduce or otherwise use any ShoutMix or third-party trademarks.

  9. Advertisements. ShoutMix reserves the right to display advertisements on your shoutbox unless you have a paid service Plan.

  10. Changes. ShoutMix reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Platform following the posting of any changes to this Agreement constitutes acceptance of those changes. ShoutMix may also, in the future, offer new services and/or features through the Platform (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

  11. Termination. ShoutMix may terminate your access to all or any part of the Platform at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your ShoutMix account (if you have one), you may simply discontinue using the Platform. Notwithstanding the foregoing, if you have a paid Plan account, such account can only be terminated by ShoutMix if you materially breach this Agreement and fail to cure such breach within thirty (30) days from ShoutMix’s notice to you thereof; provided that, ShoutMix can terminate the Platform immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

  12. Disclaimer of Warranties. The Platform is provided “as is”. ShoutMix and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither ShoutMix nor its suppliers and licensors, makes any warranty that the Platform will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Platform at your own discretion and risk.

  13. Limitation of Liability. In no event will ShoutMix, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to ShoutMix under this agreement during the twelve (12) month period prior to the cause of action. ShoutMix shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

  14. General Representation and Warranty. You represent and warrant that (i) your use of the Platform will be in strict accordance with the ShoutMix Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Platform will not infringe or misappropriate the intellectual property rights of any third party.

  15. Indemnification. You agree to indemnify and hold harmless ShoutMix, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Platform, including but not limited to your violation of this Agreement.

  16. Miscellaneous. This Agreement constitutes the entire agreement between ShoutMix and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of ShoutMix, or by the posting by ShoutMix of a revised version. This Agreement will be governed by the laws of Malaysia and parties agree that any dispute or claim between you and ShoutMix or their affiliates and subsidiaries will be adjudicated in the courts in Malaysia. Any claim against ShoutMix arising from the Agreement shall be adjudicated on an individual basis, and shall not be consolidated in any proceeding with any claim or controversy of any other party. You agree to file any claim or cause of action against ShoutMix within one (1) year of the date that the claim or cause of action arises. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. The parties are independent contractors. This Agreement does not form any joint venture, partnership, agency or employment relationship. Except for your indemnity obligations, there are no third party beneficiaries to this Agreement. You may not assign, resell, or delegate this Agreement or any of your rights or duties under this Agreement. Any attempted assignment, resale or delegation will be void. ShoutMix may assign this Agreement or delegate its responsibilities without your consent. Upon assignment, ShoutMix will have no further obligation or liability under this Agreement.

Effective: November 11, 2011
Last revision: December 11, 2011