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Tribal Shout is a web-based service that allows visitors and members to receive podcasts and other digital content on their telephones. The services offered by Tribal Shout ("Tribal Shout" or "we") include the TribalShout.com website as well as any other related websites or other distribution channels we may, from time to time, operate (the "TribalShout.com Website") and any other features, content, or applications offered, from time to time, by Tribal Shout in connection with the TribalShout.com Website (collectively, the "Tribal Shout Services"). The Tribal Shout Services are currently hosted in the United States.

This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the Tribal Shout Services. By using the Tribal Shout Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the Tribal Shout Website) or you are a "Member" (which means that you have registered with TribalShout.com). The term "User" refers to a Visitor or a Member. You are only authorized to use the Tribal Shout Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to the terms of this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the TribalShout.com Website and discontinue use of the Tribal Shout Services immediately. If you wish to become a Member, communicate with other Members and make use of the Tribal Shout Services, you must read this Agreement and indicate your acceptance of its terms during the registration process.

This Agreement includes Tribal Shout's policy for acceptable use of the Tribal Shout Services and any content posted on the TribalShout.com Website as well as your rights, obligations and restrictions regarding your use of the Tribal Shout Services and Tribal Shout's Privacy Policy . In order to participate in certain Tribal Shout Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to the Tribal Shout Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement. You may receive a copy of this Agreement by emailing us with Subject: Terms of Use Agreement.

Tribal Shout may modify this Agreement from time to time and any such modification will be effective upon its posting by Tribal Shout on the Tribal Shout Website. You agree to be bound to any changes to this Agreement when you use the Tribal Shout Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.

Please choose carefully the content you post on the TribalShout.com Website and that you provide to other Users. You may not include telephone numbers, street addresses, last names, and any obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, content provided by other Users may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and Tribal Shout assumes no responsibility or liability for this material. If you become aware of misuse of the Tribal Shout Services by any person, please contact Tribal Shout or click on the "Report Abuse" link at the bottom of any TribalShout.com Website page.

Tribal Shout reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the Tribal Shout Services at any time, for any or no reason, with or without prior notice, and without liability.

  1. Eligibility. Use of and Membership in the Tribal Shout Services is void where prohibited. By using the Tribal Shout Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 14 years of age or older; and (d) your use of the Tribal Shout Services does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we suspect that you are under 14 years of age.

  2. Term. This Agreement will remain in full force and effect while you use the Tribal Shout Services or are a User. You may terminate your membership at any time, for any reason, by following the instructions on the Member's Account Settings page. Tribal Shout may terminate your membership at any time, without warning. Even after Membership is terminated, this Agreement will remain in effect, including sections 5-17.

  3. Fees. You acknowledge that Tribal Shout reserves the right to charge for the Tribal Shout Services and to change its fees from time to time in its discretion. If Tribal Shout terminates your membership because you have breached the Agreement, you will not be entitled to the refund of any unused portion of subscription fees.

  4. Password. When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify Tribal Shout immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.

  5. Non-commercial Use by Members. The Tribal Shout Services are for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Tribal Shout in writing. Illegal and/or unauthorized use of the Tribal Shout Services, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Tribal Shout Website is strictly prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from posted content without notice and may result in termination of Membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the Tribal Shout Services.

  6. Proprietary Rights in Content on TribalShout.com.

    1. Tribal Shout does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials works of authorship (collectively, "Content") that you post to the Tribal Shout Services. After posting your Content to the Tribal Shout Services, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By displaying or publishing ("posting") any Content on or through the Tribal Shout Services, you hereby grant to Tribal Shout a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through the Tribal Shout Services.

Without this license, Tribal Shout would be unable to provide the Tribal Shout Services. The license you grant to Tribal Shout is non-exclusive (meaning you are free to license your Content to anyone else in addition to Tribal Shout), fully-paid and royalty-free (meaning that Tribal Shout is not required to pay you for the use on the Tribal Shout Services of the Content that you post), sublicensable (so that Tribal Shout is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the Tribal Shout Services), and worldwide (because the Internet and the Tribal Shout Services are global in reach). This license will terminate at the time you remove your Content from the Tribal Shout Services. The license does not grant Tribal Shout the right to sell your Content, nor does the license grant Tribal Shout the right to distribute your Content outside of the Tribal Shout Services.

    1. You represent and warrant that: (i) you own the Content posted by you on or through the Tribal Shout Services or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the Tribal Shout Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the Tribal Shout Services.

      1. The Tribal Shout Services contains Tribal Shout's proprietary content that is protected by copyright, trademark, patent, trade secret and other laws in the United States and around the world (the "Tribal Shout Content"). Tribal Shout owns and retains all rights in the Tribal Shout Content and the Tribal Shout Services. Tribal Shout hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the Tribal Shout Content (excluding any software code) solely for your personal use in connection with viewing the Tribal Shout Website and using the Tribal Shout Services.

    2. The Tribal Shout Services contain Content of Users and other Tribal Shout licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Tribal Shout Services.

  2. Content Posted.

    1. Tribal Shout may delete any Content that in the sole judgment of Tribal Shout violates this Agreement or that may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. Tribal Shout assumes no responsibility for monitoring the Tribal Shout Services for inappropriate Content or conduct. If, at any time, Tribal Shout chooses, in its sole discretion, to monitor the Tribal Shout Services, Tribal Shout nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.

    2. You are solely responsible for the Content that you post on or through any of the Tribal Shout Services, and any material or information that you transmit to other Members and for your interactions with other Users. Tribal Shout does not endorse and has no control over the Content. Content is not necessarily reviewed by Tribal Shout prior to posting and does not necessarily reflect the opinions or policies of Tribal Shout. Tribal Shout makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to, or receive from, other Members.

  3. Content/Activity Prohibited. The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the Tribal Shout Services. Tribal Shout reserves the right to investigate and take appropriate legal action against anyone who, in Tribal Shout's sole discretion, violates this provision, including without limitation, removing the offending content from the Tribal Shout Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of Tribal Shout:

    1. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

    2. harasses or advocates harassment of another person;

    3. exploits people in a sexual or violent manner;

    4. contains nudity, violence, or offensive subject matter or contains a link to an adult website;

    5. solicits personal information from anyone under 18;

    6. provides any telephone numbers, street addresses, last names, URLs or email addresses;

    7. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

    8. promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;

    9. involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";

    10. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);

    11. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;

    12. solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;

    13. involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;

    14. includes a photograph of another person that you have posted without that person's consent; or

    15. use sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile.

The following is a partial list of the kind of activity that is illegal or prohibited on the Tribal Shout Website and through your use of the Tribal Shout Services. Tribal Shout reserves the right to investigate and take appropriate legal action against anyone who, in Tribal Shout's sole discretion, violates this provision, including without limitation, reporting it to, and cooperating fully with, law enforcement authorities. Prohibited activity includes, but is not limited to:

    1. criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;

    2. advertising to, or solicitation of, any Member to buy or sell any products or services through the Tribal Shout Services. You may not transmit any chain letters or junk email to other Members. It is also a violation of these rules to use any information obtained from the Tribal Shout Services in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. If you breach this Agreement and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the Tribal Shout Services, you acknowledge that you will have caused substantial harm to Tribal Shout, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay Tribal Shout $50US for each such unsolicited email or other unsolicited communication you send through the Tribal Shout Services;

    3. covering or obscuring the banner advertisements on your personal profile page, or any Tribal Shout page via HTML/CSS or any other means;

    4. any automated use of the system, such as using scripts to add friends or send comments or messages;

    5. interfering with, disrupting, or creating an undue burden on the Tribal Shout Services or the networks or services connected to the Tribal Shout Services;

    6. attempting to impersonate another Member or person;

    7. copying the code for your Tribal Shout player and embedding it into other profiles or asking other Members to embed it into their profiles;

    8. using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;

    9. selling or otherwise transferring your profile;

    10. using any information obtained from the Tribal Shout Services in order to harass, abuse, or harm another person; or

    11. using the Tribal Shout Services in a manner inconsistent with any and all applicable laws and regulations.

  2. Copyright Policy. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is Tribal Shout's policy to terminate Membership privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of prompt notification to Tribal Shout by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Tribal Shout Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Tribal Shout Services; (iv) your address, telephone number, and email address; (v) 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; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Tribal Shout's Copyright Agent for notice of claims of copyright infringement can be reached as follows: Copyright Agent, Tribal Shout, Inc., ADDRESS; Facsimile: 1-201-622-9658; Attn: Copyright Agent; and email: to Copyright Agent .

  3. Member Disputes. You are solely responsible for your interactions with other Members. TribalShout.com reserves the right, but has no obligation, to monitor disputes between you and other Members.

  4. Privacy. Use of the Tribal Shout Services is also governed by our Privacy Policy , which is incorporated into this Agreement by this reference.

  5. Disclaimers. We are not responsible for any incorrect or inaccurate Content posted on the Tribal Shout Website or in connection with the Tribal Shout Services, whether caused by Users of the Tribal Shout Services or by any of the equipment or programming associated with or utilized in the Tribal Shout Services. Content created and posted by Members on the Tribal Shout Website may contain links to other websites. We are not responsible for the content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by Tribal Shout. Inclusion of any linked website on the Tribal Shout Services does not imply approval or endorsement of the linked website by Tribal Shout. When you access these third-party sites, you do so at your own risk. We take no responsibility for third party advertisements that are posted on this Tribal Shout Website or through the Tribal Shout Services, nor do we take any responsibility for the goods or services provided by our advertisers. We are not responsible for the conduct, whether online or offline, of any User of the Tribal Shout Services. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Tribal Shout Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Tribal Shout Services. Under no circumstances will we be responsible for any loss or damage, including personal injury or death, resulting from use of the Tribal Shout Services, attendance at a Tribal Shout event, from any Content posted on or through the Tribal Shout Services, or from the conduct of any Users of the Tribal Shout Services, whether online or offline. The Tribal Shout Services are provided "AS-IS" and as available and we expressly disclaims any warranty of fitness for a particular purpose or non-infringement. We cannot guarantee and do not promise any specific results from use of the Tribal Shout Services.

  6. Limitation on Liability. IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TRIBAL SHOUT'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO TRIBAL SHOUT FOR THE TRIBAL SHOUT SERVICES DURING THE PREVIOUS YEAR OF MEMBERSHIP.

  7. U.S. Export Controls. Software available in connection with the Tribal Shout Services (the "Software") is further subject to United States export controls. No Software may be downloaded from the Tribal Shout Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.

  8. Disputes. If there is any dispute about or involving the Tribal Shout Services, you agree that the dispute will be governed by the laws of the State of California, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of California, City of San Francisco. Either Tribal Shout or you may demand that any dispute between Tribal Shout and you about or involving the Tribal Shout Services must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association ("AAA") in San Francisco, California, USA, provided that the foregoing will not prevent Tribal Shout from seeking injunctive relief in a court of competent jurisdiction.

  9. Indemnity. You agree to indemnify and hold Tribal Shout, its subsidiaries, and affiliates, and their respective officers, directors, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Tribal Shout Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the Tribal Shout Website or through the Tribal Shout Services causes Tribal Shout to be liable to another.

  10. Other. This Agreement is accepted upon your use of the Tribal Shout Website or any of the Tribal Shout Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and Tribal Shout regarding the use of the Tribal Shout Services. The failure of Tribal Shout to exercise or enforce any right or provision of this Agreement will not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. TRIBAL SHOUT is a trademark of Tribal Shout, Inc. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

Please contact us at: Contact Tribal Shout with any questions regarding this Agreement.