In these Terms and Conditions:
"The Company", "we", "us" and/or "our" means Shout Digital Limited, a company registered in England and Wales under company number 06926402, and with its registered office at Keel House, Garth Heads, Newcastle Upon Tyne, NE1 2JE and VAT number GB 977257273.
"User", "Customer", "you" and/or "your" means any person who uses our Website.
Please read these Terms and Conditions carefully and make sure that you understand them before you start to use The Website.
These Terms and Conditions cover:
• your access to, and use of, the Website and the content on it; and
• your submission of any comments, postings, contributions or other material to the Website ("Contributions").
By using the Website you confirm that you accept these Terms and Conditions and that you agree to comply with them.
We may revise these Terms and Conditions at any time. You should check this page from time to time to take note of any changes we make, as they are binding on you from the date that we make them.
These Terms and Conditions, any Additional Terms and any contract concluded between us via the Website, are only available in the English language.
ACCESS TO OUR WEBSITE
We shall endeavour to provide constant, uninterrupted access to the Website and any content on it, but we cannot and do not guarantee to do so. Access to our Website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Website without notice. We will not be liable to you if for any reason our Website is unavailable or is withdrawn at any time or for any period.
You are responsible for making all arrangements necessary for you to have access to our Website.
CHANGES TO THE WEBSITE
We may update the Website from time to time, and may change the content of the Website at any time. However, please note that any of the content on the Website may be out of date at any given time, and we are under no obligation to update it.
ACCEPTABLE USE POLICY
You may only use our Website for lawful purposes. You may not use our Website:
a) in any way that breaches any applicable local, national or international law or regulation;
b) in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
c) to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or
d) to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time bombs, keystroke loggers, spyware, adware, malware or any other harmful programs or similar computer code intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information or adversely affect the operation of any computer software or hardware.
a) not to reproduce, duplicate, copy or re-sell any part of our Website save where expressly permitted to do so by these Terms and Conditions or any Additional Terms; and
b) not to access without authority, interfere with, damage or disrupt:
i. any part of our Website;
ii. any equipment or network on which our Website is stored;
iii. any software used in the provision of our Website; or
iv. any equipment or network or software owned or used by any third party.
The content standards set out in this document apply to any and all Contributions, and to any Interactive Service associated with them.
Suspension and Termination
If we determine, in our absolute discretion, that you have breached this Clause 4 we may immediately take all or any of the following actions:
a) temporarily or permanently withdraw your right to use the Website;
b) temporarily or permanently remove any Contribution uploaded by you to our Website;
c) issue a warning to you;
d) issue legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
e) take further legal action against you; and/or
f) disclose such information to law enforcement authorities as we reasonably feel is necessary to do so.
We exclude liability for actions taken in response to breaches of these terms. The responses described in these terms are not limited, and we may take any other action we reasonably deem appropriate in respect of your breach.
We will not be responsible, or liable to any third party, for the content or accuracy of any Contributions posted by you or any other user of our Website.
You acknowledge that your breach of these terms may cause damage or loss to us and Shout Digital and you agree to indemnify us and Shout Digital in full against any third party liabilities, claims, costs, loss or damage including consequential losses, incurred as a result of such a breach. If you are a consumer, this means you will be responsible for any loss or damage we suffer as a result of your breach of these terms.
We may provide your identity to a third party who is claiming that any content posted or uploaded by you to our Website constitutes a violation of their intellectual property rights, or of their right to privacy. You also acknowledge that we may be required to hand over such information by order of a court of law.
INTELLECTUAL PROPERTY RIGHTS
We are the owners or licensees of all intellectual property rights in the Website. All text, information, graphics, interfaces, photographs, video and other material available on the Website is protected by copyright, trade mark and other proprietary and intellectual property laws.
You may not use any of our intellectual property rights without our express written consent, however you are permitted to print or save to your individual PC, tablet or storage extracts from this Website for your own personal non-commercial use. This does not include downloading, storing, transmitting, displaying, copying or distributing any materials on the Website, or extracts from it, in a structured manner or creating a database in any form comprising all or part of any material on the Website.
If you are a business user, you may draw the attention of others within your organisation to content posted on our Website.
You must not modify any paper or digital copies of any materials you have printed off or downloaded from the Website and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of content on our Website must always be acknowledged.
You must not use any part of the content on our Website for commercial purposes without obtaining a licence to do so from us.
You may link to the home page of the Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. The Website must not be framed on any other site, nor may you create a link to any part of the Website other than the home page. We reserve the right to withdraw linking permission without notice.
The inclusion of any sponsorship material on the Website does not constitute an endorsement of the relevant sponsor or their goods or services. Any correspondence or dealings you have with sponsors are solely between you and the relevant sponsor. We shall not be responsible for any loss or damage of any kind suffered or incurred by you as a result of any correspondence or dealing you have with any sponsor.
DATA PROTECTION AND COOKIES
NO RELIANCE ON INFORMATION
The content on our Website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from taking, any action on the basis of the content on our Website.
Although we make reasonable efforts to update the information and content on our Website, we make no representations, warranties or guarantees, whether express or implied, that the information and content on our Website is accurate, complete or up-to-date at any time.
LIMITATION OF OUR LIABILITY
Save as expressly provided in any Additional Terms, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from these Terms and Conditions.
To the maximum extent permitted by law, we, Shout Digital and our respective agents and representatives shall have no liability whatsoever to you or any third party for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with your:
• use of, or inability to use, our Website; or
• use of or reliance on any content displayed on our Website, including your or a third party's Contribution(s).
If you are a business, please note that in particular, we will not be liable for:
• loss of profits, sales, business, or revenue;
• business interruption;
• loss of anticipated savings;
• loss of business opportunity, goodwill or reputation; or
• any indirect or consequential loss or damage.
If you are a consumer, please note that we only provide our Website for your domestic and private use only. You agree not to use our Website for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any content on it, or on any website linked to it.
Nothing in these Terms and Conditions excludes or limits our liability for:
• death or personal injury caused by our negligence;
• fraud or fraudulent misrepresentation; or
• any other liability that cannot be limited or excluded by law.
APPLICABLE LAW AND JURISDICTION
These Terms and Conditions, their subject matter and their formation, are governed by English law.
The courts of England and Wales shall have exclusive jurisdiction to settle any disputes arising in connection with these Terms and Conditions (including any non-contractual terms). However, if you are a consumer and are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.