Terms of Use

Effective date: September 1st, 2015

By accessing or using the JustShouts website, the JustShouts service, or any applications (including mobile applications) made available by JustShouts (together, the "Service"), however accessed, you agree to be bound by these terms of use ("Terms of Use"). The Service is owned or controlled by JustShouts Applications ("JustShouts"). These Terms of Use affect your legal rights and obligations. If you do not agree to be bound by all of these Terms of Use, do not access or use the Service. Your use of the Site is at your own risk, including the risk that you might be exposed to content that is objectionable, or otherwise inappropriate.

In order to use the Services, you must first agree to the Terms. You can accept the Terms by

  • Clicking to accept or agree to the Terms, where it is made available to you by JustShouts in the user interface for any particular Service; or
  • Actually using the Services. In this case, you understand and agree that JustShouts will treat your use of the Services as acceptance of the Terms from that point onwards.

Definitions

User

"User" or "You" or "Your" refers to you, as a user of the Services. A user is someone who accesses or uses the Services for the purpose of sharing, displaying, hosting, publishing, transacting, or uploading information or views and includes other persons jointly participating in using the Services.

Content

"Content" will include (but is not limited to) audio, location data, nearby places, and all other forms of information or data. "Your content" or "User Content" means content that you upload, share or transmit to, through or in connection with the Services, such as likes, reviews, messages, profile information, and any other materials that you publicly display or displayed in your account profile. "JustShouts content" means content that JustShouts creates and make available in connection with the Services including, but not limited to, visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, aggregate ratings, reports and other usage-related data in connection with activities associated with your account and all other elements and components of the Services excluding Your Content and third party content. "Third Party Content" means content that comes from parties other than JustShouts or its users and is available on the Services.

Eligibility to use our service

  • You hereby represent and warrant that you are at least eighteen (18) years of age or above and are fully able and competent to understand and agree the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms.
  • Compliance with Laws. You are responsible for complying with all laws and regulations in the country in which you live when you access and use the Services. You agree to use the Services only in compliance with these Terms and applicable law, and in a manner that does not violate our legal rights or those of any third party(ies).

Change to the terms

JustShouts may vary or amend or change or update these Terms, from time to time entirely at its own discretion. You shall be responsible for checking these Terms from time to time and ensure continued compliance with these Terms. Your use of Site after any such amendment or change in the Terms shall be deemed as your express acceptance to such amended/changed terms and you also agree to be bound by such changed/amended Terms.

Translation of the terms

These Terms of Use were written in English (US). To the extent any translated version of these Terms of Use conflicts with the English version, the English version controls.

Services being offered by JustShouts

  • JustShouts is constantly evolving in order to provide the best possible experience and information to its users. You acknowledge and agree that the form and nature of the Services which JustShouts provides may require effecting certain changes in it, therefore JustShouts reserves the right to suspend/cancel, or discontinue any or all products or services at any time without notice, make modifications and alterations in any or all of its contents, products and services contained on the site without any prior notice.
  • We, the software, or the software application store that makes the software available for download may include functionality to automatically check for updates or upgrades to the software. Unless your device, its settings, or computer software does not permit transmission or use of upgrades or updates, you agree that we, or the applicable software or software application store, may provide notice to you of the availability of such upgrades or updates and automatically push such upgrade or update to your device or computer from time-to-time. You may be required to install certain upgrades or updates to the software in order to continue to access or use the Services, or portions thereof (including upgrades or updates designed to correct issues with the Services). Any updates or upgrades provided to you by us under the Terms shall be considered part of the Services.
  • You acknowledge and agree that if JustShouts disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content, which is contained in your account.
  • You acknowledge and agree that while JustShouts may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Services, JustShouts may set such fixed upper limits at any time, at JustShouts's discretion.
  • By using JustShouts's Services you agree to the following disclaimer: The Content on these Services is for informational purposes only. JustShouts disclaims any liability for any information that may have become outdated since the last time the particular piece of information was updated. JustShouts reserves the right to make changes and corrections to any part of the Content on these Services at any time without prior notice. No other party is authorized to reproduce or republish these digital versions in any format whatsoever without the written permission of JustShouts.
  • JustShouts reserves the right to charge subscription and/or membership fees from a user, by giving reasonable prior notice, in respect of any product, service or any other aspect of this site anytime in future.

Use of service by you or users

You must create an account in order to use the features offered by the Services. Use of any personal information you provide to us during the account creation process is governed by our Privacy Policy. You must keep your password confidential and you are solely responsible for maintaining the confidentiality and security of your account, all changes and updates submitted through your account, and all activities that occur in connection with your account.

You may also be able to register to use the Services by logging into your account with your credentials from certain third party social networking sites (e.g., Facebook, Twitter). You confirm that you are the owner of any such social media account and that you are entitled to disclose your social media login information to us. You authorize us to collect your authentication information, and other information that may be available on or through your social media account consistent with your applicable settings and instructions.

In creating an account you represent to us that all information provided to us in such process is true, accurate and correct, and that you will update your information as and when necessary in order to keep it accurate. If you are creating an account then you represent to us that you are the owner or authorized user. You may not impersonate someone else, create or use an account for anyone other than yourself, provide an email address other than your own, create multiple accounts or provide or use false information to obtain access to our Services. You acknowledge that any false information that may cause JustShouts or third parties to incur substantial economic damages and losses for which you may be held liable and accountable.

You are also responsible for all activities that occur in your account. You agree to notify us immediately of any unauthorized use of your account in order to enable us to take necessary corrective action. You also agree that you will not allow any third party to use your account for the purpose of transacting activities in your name on the Services.

By creating an account, you agree to receive certain communications in connection with the Site or Services. You can opt-out or manage your preferences regarding non-essential communications through account settings.

Trial Offers, Credits, Discounts & Promotional Offers

We reserves the right to discontinue or modify coupons, credits and special promotional offers at our discretion. The Free Trial offer associated with our Service entitles new, registered subscribers to a one-time free 30 days trial usage of the service. Free Trial terms may vary by promotional offer. If You wish to terminate the trial and do not wish to subscribe to a plan, you must email us at admin@justshouts.com.

Type of service provided

a. Paid Service (Membership Plan): You will be charged fees (the "Fees") for this service. This service is hereinafter referred to as "Membership Account" or "Paid Service".

b. Trial Offer: You will not be charged any fees for this service. This is a Free Service for 30 days from date of registration. This service is hereinafter referred to as “Trial Offer” or “Free Service”.

Payment Terms

You will be charged Fees for the Paid Service, which you will pay to JustShouts Applications by authorized credit card. The Fees applicable for the Service are available at www.JustShouts.com. We reserves the right to change the Fees or applicable charges and to enforce new charges at any time, upon fourteen (14) days prior notice to you (which may be sent by email). If you registered for a Trial Offer and at a later time decide to upgrade your account to Paid Service, you will immediately be charged applicable Fees, and your upgrade date will become Billing Date on your account. Your account will be considered delinquent if your credit card company refuses for any reason to pay the amount billed to it and that amount remains unpaid. The Service may be suspended, archived or purged from system if account is delinquent for more than 14 days after expiry. We may impose a charge to restore archived data from delinquent accounts.

If you believe the charges/ fees for paid service are incorrect, you must contact us no later than 14 days after the closing date on the first billing statement in which the error or problem appeared, in order to receive an adjustment or credit. Inquiries should be directed to our Customer Support department at admin@justshouts.com.

Cancellation and suspension of account

We may: (a) suspend your account and/or (b) cancel your account , if renewal payments are not made in a timely manner.

You may cancel your account by sending us an account cancellation request at admin@justshouts.com. Your account cancellation will be effective at the end of the current billing cycle. You will have access to your account until the end of the billing cycle. After your account has been canceled, you will no longer have access to your account. Please note that canceling a subscription will not retroactively refund subscription payments. Previously charged subscription fees cannot be prorated based on cancellation date. Please note that the foregoing cancellation right does not apply to the free trial. If you’ve signed up for a free trial, you can cancel your trial at any time during your free trial period and you will not be charged.

Others Terms

You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.

You agree to use the data owned by JustShouts (as available on the Services or through any other means like API etc.) only for personal use/purposes and not for any commercial use unless agreed to by/with JustShouts in writing.

You agree not to access (or attempt to access) any of the Services by any means other than the interface that is provided by JustShouts, unless you have been specifically allowed to do so, by way of a separate agreement with JustShouts. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Services.

You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services). You shall not delete or revise any material or information posted by any other User(s), shall not engage in spamming, including but not limited to any form of emailing, posting or messaging that is unsolicited.

Some portions of JustShouts services implement the google Maps and/ or Places API. Your use of google maps or places is subject to google policy terms of use, located at https://www.google.com/intl/en/policies/terms/ (or such other URL as may be updated by Google Inc), which are incorporated herein by this reference.

Content

We are the sole and exclusive copyright owners of the Services and our Content. We also exclusively own the copyrights, trademarks, service marks, logos, trade names, trade dress and other intellectual and proprietary rights throughout the world (the “IP Rights”) associated with the Services and Our Content, which may be protected by copyright, patent, trademark and other applicable intellectual property and proprietary rights and laws. You acknowledge that the Services contain original works and have been developed, compiled, prepared, revised, selected, and arranged by us and others through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitutes valuable intellectual property of us and such others. You further acknowledge that the Services may contain information which is designated as confidential by JustShouts and that you shall not disclose such information without JustShouts's prior written consent.

You agree to protect our proprietary rights and the proprietary rights of all others having rights in the Services during and after the term of this agreement and to comply with all reasonable written requests made by us or our suppliers and licensors of content or otherwise to protect their and others’ contractual, statutory, and common law rights in the Services. You acknowledge and agree that JustShouts (or JustShouts's licensors) own all legal right, title and interest in and to the Services, including any IP Rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated as confidential by JustShouts and that you shall not disclose such information without JustShouts's prior written consent. Unless you have agreed otherwise in writing with JustShouts, nothing in the Terms gives you a right to use any of JustShouts's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.

You agree not to use any framing techniques to enclose any trademark or logo or other proprietary information of JustShouts; or remove, conceal or obliterate any copyright or other proprietary notice or source identifier, including without limitation, the size, color, location or style of any proprietary mark(s). Any infringement shall lead to appropriate legal proceedings against you at appropriate forum for seeking all available/possible remedies under applicable laws of the country of violation. You cannot modify, reproduce, publicly display or exploit in any form or manner whatsoever any of the JustShouts's content in whole or in part except as expressly authorized by JustShouts.

To the fullest extent permitted by applicable law, we neither warrant nor represent that your use of materials displayed on the Services will not infringe rights of third parties not owned by or affiliated with us. You agree to immediately notify us upon becoming aware of any claim that the Services infringe upon any copyright trademark, or other contractual, intellectual, statutory, or common law rights by following the instructions contained below in section XVI.

Your License to our Content:

We grant you a personal, limited, non-exclusive and non-transferable license to access and use the Services only as expressly permitted in these Terms. You shall not use the Services for any illegal purpose or in any manner inconsistent with these Terms. You may use information made available through the Services solely for your personal, non-commercial use. You agree not to use, copy, display, distribute, modify, broadcast, translate, reproduce, reformat, incorporate into advertisements and other works, sell, promote, create derivative works, or in any way exploit or allow others to exploit any of JustShouts Content in whole or in part except as expressly authorized by us. Except as otherwise expressly granted to you in writing, we do not grant you any other express or implied right or license to the Services, JustShouts Content or our IP Rights. Any violation by you of the license provisions contained in this Section may result in the immediate termination of your right to use the Services, as well as potential liability for copyright and other IP Rights infringement depending on the circumstances.

License to Your or User Content:

By submitting Your Content you hereby irrevocably grant us a perpetual, irrevocable, world-wide, non-exclusive, royalty-free, sub-licensable and transferable license and right to use Your Content and all IP Rights therein for any purpose including API partnerships with third parties and in any media existing now or in future. By “use” we mean use, copy, display, distribute, modify, translate, reformat, incorporate into advertisements and other works, promote, create derivative works, and in the case of third party services, allow their users and others to do the same. You grant us the right to use the name or username that you submit in connection with Your Content. You irrevocably waive, and cause to be waived, any claims and assertions of moral rights or attribution with respect to Your Content brought against us, any third party services and our and their users.

Representations Regarding Your or User Content:

You are responsible for Your Content. You represent and warrant that you are the sole author of, own, or otherwise control all of the rights of Your Content or have been granted explicit permission from the rights holder to submit Your Content; Your Content was not copied from or based in whole or in part on any other content, work, or website; Your Content was not submitted via the use of any automated process such as a script bot; use of Your Content by us, third party services, and our and their third party users will not violate or infringe any rights of yours or any third party; Your Content is truthful and accurate; and Your Content does not violate the Terms or any applicable laws. If Your Content is a review or tip, you represent and warrant that you are the sole author of that review; the review reflects an actual experience that you had; you were not paid or otherwise remunerated in connection with your authoring or posting of the review; and you had no financial, competitive, or other personal incentive to author or post a review that was not a fair expression of your honest opinion.

You assume all risks associated with Your Content, including anyone's reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable. While we reserve the right to remove content, we do not control actions or content posted by our users and do not guarantee the accuracy, integrity or quality of any content. You acknowledge and agree that content posted by users and any and all liability arising from such content is the sole responsibility of the user who posted the content, and not us.

Content Removal

We reserve the right, at any time and without prior notice, to remove, block, or disable access to any content that we, for any reason or no reason, consider to be objectionable, in violation of the Terms or otherwise harmful to the Services or our users in our sole discretion. Subject to the requirements of applicable law, we are not obligated to return any of Your Content to you under any circumstances. Any review, which is derogatory, defamatory or hateful and without any substantial evidence (e.g. audio recording) may be taken down at our sole discretion.

Third Party Content and Links

Some of the content available through the Services may include or link to materials that belong to third parties, such as third party reservation services or online food delivery/ordering. Please note that your use of such third party services will be governed by the terms of service and privacy policy applicable to the corresponding third party. We may obtain business addresses, phone numbers, and other contact information from third party vendors who obtain their data from public sources. We have no control over, and make no representation or endorsement regarding the accuracy, relevancy, copyright compliance, legality, completeness, timeliness or quality of any product, services, advertisements and other content appearing in or linked to from the Services. We do not screen or investigate third party material before or after including it on our Services. We reserve the right, in our sole discretion and without any obligation, to make improvements to, or correct any error or omissions in, any portion of the content accessible on the Services. Where appropriate, we may in our sole discretion and without any obligation, verify any updates, modifications, or changes to any content accessible on the Services, but shall not be liable for any delay or inaccuracies related to such updates. You acknowledge and agree that JustShouts is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.

Third party content, including that posted by our users, does not reflect our views or that of our parent, subsidiary, affiliate companies, branches, employees, officers, directors, or shareholders. In addition, none of the content available through the Services is endorsed or certified by the providers or licensors of such third party content. We assume no responsibility or liability for any of Your Content or any third party content. You further acknowledge and agree that JustShouts is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources. Without limiting the generality of the foregoing, we expressly disclaim any liability for any offensive, defamatory, illegal, invasive, unfair, or infringing content provided by third parties.

User Reviews

User reviews do not reflect the opinion of JustShouts. JustShouts receives multiple reviews by users, which reflect the opinions of the Users. It is pertinent to state that each and every review posted on JustShouts is the personal opinion of the user/reviewer only. JustShouts is a neutral platform, which solely provides a means of communication between users/reviewers. The advertisements on JustShouts are published on an independent basis and there is no relation between the reviews of advertisers those who have advertised on the Services. We are a neutral platform and we don’t arbitrate disputes, however in case if someone writes a review that isn’t true about a place, the best option for the place representative would be to contact the reviewer to clear up any misunderstandings. If the place owner believes that any particular user’s review violates JustShouts’s Policy, he can flag the review to our attention. JustShouts may remove the review in its sole discretion if review is in violation of the Terms, or content guidelines and policies or otherwise harmful to the Services.

Feedback shouts to business owners

User feedback shouts to local businesses do not reflect the opinion of JustShouts. It is pertinent to state that each and every feedback shouts on JustShouts is the personal opinion of the user/reviewer only. JustShouts is a neutral platform, which solely provides a means of communication between users/ business owners. By providing the feedback shouts, you grant us a binding, non-exclusive, royalty-free, perpetual, global license to use, modify, develop, publish, distribute and sublicense the feedback, and you irrevocably waive, against JustShouts and its users any claims/assertions, whatsoever of any nature, with regard to such feedback shouts. We cannot and do not guarantee that any of these shouts provided by a user to JustShouts will be transferred/ sent to the business owners. JustShouts does not represent or warrant the return of reply on such feedback, and disclaims any liability relating thereto.

Offers

An offer is an invitation by business location to you to share a post with the requested hashtags on the selected social media platform. The offers made by business locations are always based on posts on social media platforms and you will always be rewarded for a post made by you.

How to redeem offers

Offer can be an instant discount, buy 1 get 1 free or a free item. The offer shall only be issued to you upon the exclusive use of JustShouts App and your successful completion of the steps indicated below. Redeeming an Offer on JustShouts App is very simple:

  1. Read and understand the offer details provided by the business location for each social media platform.
  2. Select your Offer
  3. Share the post on the social media platforms (Facebook or Instagram) with the default hashtags.
  4. Present your mobile device with the post shared on social media platform to the merchant prior to the bill being presented
  5. The merchant is prompted to enter their PIN
  6. Once the merchant has entered their PIN, the Offer will be redeemed and the item /service/ discount will be adjusted in your bill
Offers Validitiy
  • Offers are valid as indicated on the Offer, unless otherwise specified. Business locations reserve the right to remove and/or amend an Offer at any time and cannot be held responsible or liable in any way if an Offer is removed or amended from the app. You are advised to make sure your offer is still valid before using it.
  • Offers are ONLY redeemable with the issuing merchant and/or venue.
  • Offers apply only to the items/services and location(s) specified on the Offer.
  • Offers are exclusive and not valid in conjunction with any other discount offers, promotions, special offers or dining/loyalty/employee/rewards programs.
  • Offers are valid 7 days a week any time during the issuing merchant’s trading hours, unless specified on the Offer.
  • The merchant has the right to refuse or honor any Offer if they are not satisfied with the social media posts. You are advised to make sure of the validity of the offers upon entry at the business location.
  • Unauthorized reproduction, resale or modification of any Offer is prohibited. Offers are void if resold or bartered
  • Offers are not redeemable for cash.
  • When you redeem an offer it will show as locked for that merchant for a certain period of time and can only be re-used after it is active again.
  • Up to a maximum of 2 Offers per visit/booking/table for a group of 8 people or more can be used

Exclusion Days

Unless otherwise provided by the business location, the offers can be used any day of the week during the period of its validity except for Public holidays as announced by the government (subject to merchant discretion).

NOTE - Outlets may be closed during summer, Ramadan and other religious days. JustShouts is not responsible for the closing days decided by business locations.

General

Any use of the Offers in violation of these Rules will render the Offers void, and JustShouts will avail itself of any and all legal remedies available to it. Offers may not be reproduced and are void where prohibited or restricted by law. JustShouts will not be responsible if any Outlet permanently closes or refuses to accept to redeem the offers; however, we will use reasonable efforts to rectify the situation, to the extent possible. JustShouts will not be responsible in the event that acts of God, fire casualties, illness, injury or other events beyond its control prevent you from redeeming any offers.

Privacy policy

You represent that you have read understood and agreed to our Privacy Policy. Please note that we may disclose information about you to third parties or government authorities if we believe that such a disclosure is reasonably necessary to

  1. Take action regarding suspected illegal activities;
  2. Enforce or apply our Terms and Privacy Policy;
  3. Comply with legal process or other government inquiry, such as a search warrant, subpoena, statute, judicial proceeding, or other legal process/notice served on us; or
  4. Protect our rights, reputation, and property, or that of our users, affiliates, or the general public.

Restriction on use

Without limiting the generality of these Terms, in using the Services, you specifically agree not to post or transmit any content (including review) or engage in any activity that, in our sole discretion:

  • Violate our Guidelines and Policies;
  • Is harmful, threatening, abusive, harassing, tortious, indecent, defamatory, discriminatory, vulgar, profane, obscene, libelous, hateful or otherwise objectionable, invasive of another’s privacy, relating or encouraging money laundering or gambling;
  • Constitutes an inauthentic or knowingly erroneous review, or does not address the goods and services, atmosphere, or other attributes of the business you are reviewing.
  • Contains material that violates the standards of the Services;
  • Violates any third-party right, including, but not limited to, right of privacy, right of publicity, copyright, trademark, patent, trade secret, or any other intellectual property or proprietary rights;
  • Accuses others of illegal activity, or describes physical confrontations;
  • Is illegal, or violates any federal, state, or local law or regulation (for example, by disclosing or trading on inside information in violation of securities law);
  • Attempts to impersonate another person or entity;
  • Disguises or attempts to disguise the origin of Your Content, including but not limited to by:
    1. Submitting Your Content under a false name or false pretenses; or
    2. Disguising or attempting to disguise the IP address from which Your Content is submitted;
  • Constitutes a form of deceptive advertisement or causes, or is a result of, a conflict of interest;
  • Is commercial in nature, including but not limited to spam, surveys, contests, pyramid schemes, postings or reviews submitted or removed in exchange for payment, postings or reviews submitted or removed by or at the request of the business being reviewed, or other advertising materials;
  • Asserts or implies that Your Content is in any way sponsored or endorsed by us;
  • Contains material that is not in English or, in the case of products provided in foreign languages, the language relevant to such products;
  • Falsely states, misrepresents, or conceals your affiliation with another person or entity;
  • Accesses or uses the account of another user without permission;
  • Distributes computer viruses or other code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or electronic communications equipment;
  • Interferes with, disrupts, or destroys the functionality or use of any features of the Services or the servers or networks connected to the Services;
  • “Hacks” or accesses without permission our proprietary or confidential records, those of another user, or those of anyone else;
  • Violates any contract or fiduciary relationship (for example, by disclosing proprietary or confidential information of your employer or client in breach of any employment, consulting, or non-disclosure agreement);
  • Decompiles, reverse engineers, disassembles or otherwise attempt to derive source code from the Services;
  • Removes, circumvents, disables, damages or otherwise interferes with security-related features, or features that enforce limitations on use of, the Services;
  • Violates the restrictions in any robot exclusion headers on the Services, if any, or bypasses or circumvents other measures employed to prevent or limit access to the Services;
  • Collects, accesses, or stores personal information about other users of the Services;
  • Is posted by a bot;
  • Harms minor in any way;
  • Threatens the unity, integrity, defense, security or sovereignty of the country of use, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation;
  • Modifies, copies, scrapes or crawls, displays, publishes, licenses, sells, rents, leases, lends, transfers or otherwise commercialize any rights to the Services or Our Content; or
  • Attempts to do any of the foregoing.

You acknowledge that we have no obligation to monitor your – or anyone else’s – access to or use of the Services for violations of the Terms, or to review or edit any content. However, we have the right to do so for the purpose of operating and improving the Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with the Terms and to comply with applicable law or the order or requirement of legal process, a court, consent decree, administrative agency or other governmental body.

You hereby agree and assure JustShouts that the Site/Services shall be used for lawful purposes only and that you will not violate laws, regulations, ordinances or other such requirements of any applicable Central, Federal State or local government or international law(s). You shall not upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam mail, chain letters or any other form of solicitation, encumber or suffer to exist any lien or security interest on the subject matter of these Terms or to make any representation or warranty on behalf of JustShouts in any form or manner whatsoever.

Any Content uploaded by you, shall be subject to relevant laws of the country of use and may be disabled, or and may be subject to investigation under applicable laws. Further, if you are found to be in non-compliance with the laws and regulations, these terms, or the privacy policy of the Site, JustShouts shall have the right to immediately block your access and usage of the Site and JustShouts shall have the right to remove any non-compliant content and or comment forthwith, uploaded by you and shall further have the right to take appropriate recourse to such remedies as would be available to it under various statutes.

Feedback

If you share or send any ideas, suggestions, changes or documents ("Feedback"), you agree that

  1. Your Feedback does not contain the confidential, secretive or proprietary information of third parties
  2. JustShouts is under no obligation of confidentiality with respect to such Feedback
  3. JustShouts may have already received similar Feedback from some other user or it may be under consideration or in development, and
  4. By providing the Feedback, you grant us a binding, non-exclusive, royalty-free, perpetual, global license to use, modify, develop, publish, distribute and sublicense the Feedback, and you irrevocably waive, against JustShouts and its users any claims/assertions, whatsoever of any nature, with regard to such Feedback.

Advertising

Some of the Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information. The manner, mode and extent of advertising by JustShouts on the Services are subject to change without specific notice to you. In consideration for JustShouts granting you access to and use of the Services, you agree that JustShouts may place such advertising on the Services.

Part of the site may contain advertising information or promotional material or other material submitted to JustShouts by third parties. Responsibility for ensuring that material submitted for inclusion on the Site or mobile apps complies with applicable international and national law is exclusively on the party providing the information/material. Your correspondence or business dealings with, or participation in promotions of, advertisers other than JustShouts found on or through the Site and or mobile apps and any other terms, conditions, warranties or representations associated with such dealings, shall be solely between you and such advertiser. JustShouts will not be responsible or liable for any error or omission, inaccuracy in advertising material or any loss or damage of any sort incurred as a result of any such dealings or as a result of the presence of such other advertisers on the Site and mobile apps.

Disclaimer of Warranties

THE SERVICE, INCLUDING, WITHOUT LIMITATION, JUSTSHOUTS CONTENT, IS PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER JUSTSHOUTS NOR ITS PARENT COMPANY NOR ANY OF THEIR EMPLOYEES, MANAGERS, OFFICERS OR AGENTS (COLLECTIVELY, THE "JUSTSHOUTS PARTIES") MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SERVICE; (B) THE JUSTSHOUTS CONTENT; (C) USER CONTENT; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO JUSTSHOUTS OR VIA THE SERVICE. IN ADDITION, THE JUSTSHOUTS PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.

THE JUSTSHOUTS PARTIES DO NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICE OR THE SERVER THAT MAKES THE SERVICE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. THE JUSTSHOUTS PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SERVICE IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE JUSTSHOUTS PARTIES DO NOT WARRANT THAT YOUR USE OF THE SERVICE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE JUSTSHOUTS PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO YOU AND THESE TERMS OF USE.

BY ACCESSING OR USING THE SERVICE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE.

THE JUSTSHOUTS PARTIES DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.

Limitation of Liability; Waiver

UNDER NO CIRCUMSTANCES WILL THE JUSTSHOUTS PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE SERVICE; (B) THE JUSTSHOUTS CONTENT; (C) USER CONTENT; (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICE; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE JUSTSHOUTS PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY'S USE OF THE SERVICE; (F) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G) ANY ERRORS OR OMISSIONS IN THE SERVICE'S OPERATION; OR (H) ANY DAMAGE TO ANY USER'S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE JUSTSHOUTS PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICE). IN NO EVENT WILL THE JUSTSHOUTS PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE JUSTSHOUTS PARTIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100.00).

YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF JUSTSHOUTS'S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY THE JUSTSHOUTS PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEBSITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY THE JUSTSHOUTS PARTIES.

BY ACCESSING THE SERVICE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE THE LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

JUSTSHOUTS IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.

Indemnification

You (and also any third party for whom you operate an account or activity on the Service) agree to defend (at JustShouts's request), indemnify and hold the JustShouts Parties harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney's fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the Service or those conducted on your behalf):

  1. Your Content or your access to or use of the Service;
  2. Your breach or alleged breach of these Terms of Use;
  3. Your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right;
  4. Your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or
  5. Any misrepresentation made by you. You will cooperate as fully required by JustShouts in the defense of any claim. JustShouts reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of JustShouts.

Termination of your access

You can terminate your account at any time by using the “Delete Account” link under your profile screen and cease further use of the Services.

We may terminate your use of the Services and deny you access to the Services in our sole discretion for any reason or no reason, including your:

  1. Violation of these Terms; or
  2. Lack of use of the Services. You agree that any termination of your access to the Services may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and/or bar any further access to your account or the Services. If you use the Services in violation of these Terms, we may, in our sole discretion, retain all data collected from your use of the Services. Further, you agree that we shall not be liable to you or any third party for the discontinuation or termination of your access to the Services.

General terms

Interpretation: The section and subject headings in these Terms are included for reference only and shall not be used to interpret any provisions of these Terms.

Entire Agreement and Waiver: The Terms, together with the ‘Privacy Policy’ and “Cookies Policy”’, shall constitute the entire agreement between you and us concerning the Services. No failure or delay by us in exercising any right, power or privilege under the Terms shall operate as a waiver of such right or acceptance of any variation of the Terms and nor shall any single or partial exercise by either party of any right, power or privilege preclude any further exercise of that right or the exercise of any other right, power or privilege.

Severability: If any provision of these Terms is deemed unlawful, invalid, or unenforceable by a judicial court for any reason, then that provision shall be deemed severed from these Terms, and the remainder of the Terms shall continue in full force and effect.

Partnership or Agency: None of the provisions of these Terms shall be deemed to constitute a partnership or agency between you and JustShouts and you shall have no authority to bind JustShouts in any form or manner, whatsoever.

Governing Law/Waiver:
These Terms shall be governed in all respects by the laws of the United Arab Emirates as they apply to agreements entered into and to be performed entirely within the United Arab Emirates, without regard to conflict of law provisions. You agree that any claim or dispute you may have against JustShouts must be resolved exclusively by a court located in United Arab Emirates. You agree to submit to the personal jurisdiction of the courts located within United Arab Emirates for the purpose of litigating all Claims that arise between You and JustShouts.

International Use
The JustShouts Service is hosted in the United States. If you use the JustShouts Service from outside of the United States, you acknowledge that you are voluntarily transferring information (potentially including personally-identifiable information) and Content to the United States and agree that JustShouts collection, use, storage and sharing of your information and Content is exclusively subject to the laws of the United States, not of the jurisdiction in which you are located.

For all Users: YOU MUST COMMENCE ANY LEGAL ACTION AGAINST US WITHIN ONE (1) YEAR AFTER THE ALLEGED HARM INITIALLY OCCURS. FAILURE TO COMMENCE THE ACTION WITHIN THAT PERIOD SHALL FOREVER BAR ANY CLAIMS OR CAUSES OF ACTION REGARDING THE SAME FACTS OR OCCURRENCE, NOTWITHSTANDING ANY STATUTE OF LIMITATIONS OR OTHER LAW TO THE CONTRARY. WITHIN THIS PERIOD, ANY FAILURE BY US TO ENFORCE OR EXERCISE ANY PROVISION OF THESE TERMS OR ANY RELATED RIGHT SHALL NOT CONSTITUTE A WAIVER OF THAT RIGHT OR PROVISION.

Carrier Rates may Apply: By accessing the Services through a mobile or other device, you may be subject to charges by your Internet or mobile service provider, so check with them first if you are not sure, as you will be responsible for any such costs.

Linking and Framing: You may not frame the Services. You may link to the Services, provided that you acknowledge and agree that you will not link the Services to any website containing any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful topic, name, material, or information or that violates any intellectual property, proprietary, privacy, or publicity rights. Any violation of this provision may, in our sole discretion, result in termination of your use of and access to the Services effective immediately.

Notice of copyright Infringement & Grievance redressal mechanism

JustShouts shall not be liable for any infringement of copyright arising out of materials posted on or transmitted through the site or mobile apps, or items advertised on the site or mobile apps, by end users or any other third parties. We respect the intellectual property rights of others and require those that use the Services to do the same. We may, in appropriate circumstances and at our discretion, remove or disable access to material on the Services that infringes upon the copyright rights of others. We also may, in our discretion, remove or disable links or references to an online location that contains infringing material or infringing activity. In the event that any users of the Services repeatedly infringe on others’ copyrights, we may in our sole discretion terminate those individuals’ rights to use the Services If you believe that your copyright has been or is being infringed upon by material found in the Services, you are required to follow the below procedure to file a notification:

  • Identify in writing the copyrighted material that you claim has been infringed upon;
  • Identify in writing the material on the Services that you allege is infringing upon copyrighted material, and provide sufficient information that reasonably identifies the location of the alleged infringing material (for example, the user name of the alleged infringer and the business listing it is posted under);
  • Include the following statement: "I have a good faith belief that the use of the content on the Services as described above is not authorized by the copyright owner, its agent, or law";
  • Include the following statement: "I swear under penalty of perjury that the information in my notice is accurate and I am the copyright owner or I am authorized to act on the copyright owner's behalf";
  • Provide your contact information including your address, telephone number, and e-mail address (if available);
  • Provide your physical or electronic signature; and

Send the written communication to: admin@justshouts.com

Territorial Restrictions

The information provided within the Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject JustShouts to any registration requirement within such jurisdiction or country. We reserve the right to limit the availability of the Service or any portion of the Service, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that JustShouts provides.

You will comply with all United States laws, rules and regulations applicable to the export of products, services, software and technical data regardless of the jurisdiction in which you are located.

Entire Agreement

If you are using the Service on behalf of a legal entity, you represent that you are authorized to enter into an agreement on behalf of that legal entity. These Terms of Use constitute the entire agreement between you and JustShouts and governs your use of the Service, superseding any prior agreements between you and JustShouts . You will not assign the Terms of Use or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of JustShouts. Any purported assignment or delegation by you without the appropriate prior written consent of JustShouts will be null and void. JustShouts may assign these Terms of Use or any rights hereunder without your consent. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid or otherwise unenforceable, the parties nevertheless agree that such portion will be deemed severable from these Terms of Use and will not affect the validity and enforceability of the remaining provisions, and the remaining provisions of the Terms of Use remain in full force and effect. Neither the course of conduct between the parties nor trade practice will act to modify the Terms of Use. These Terms of Use do not confer any third-party beneficiary rights.

CONTACT US

If you have any queries relating to the processing/usage of information provided by you or our Terms of use, you may email us at admin@justshouts.com