Last updated: November 19, 2015
NameShouts Inc. ('NameShouts', 'we' or 'us') provides a software application, which allows a user to pronounce names correctly. These Terms of Service (“Terms”) govern your access and use of the Application, our website located at www.nameshouts.com and other services that we may provide (collectively, the “Services”). “User” or “you” means an individual or entity end user of the Services.
NameShouts has put forth all necessary efforts to ensure that the audio files for the names contained on the Website are accurate. However, name pronunciation is subjective and tricky and despite NameShouts best efforts some of the audio sounds may be inaccurate. NameShouts will not be held liable for any inaccuracies in the name pronunciation.
Your use of the Services is at your sole discretion and risk. The Services are provided on an AS IS and AS AVAILABLE basis without warranties of any kind from NameShouts. You should always check any information provided through the Services to ensure its accuracy. NAMESHOUTS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE Services, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NameShouts DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, (I) REGARDING THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE Services; OR (II) THAT THE Services WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED; OR (III) REGARDING THE PERFORMANCE OF OR ACCURACY, QUALITY, CURRENCY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED BY THE Services.
NameShouts content and available to users for information purposes only. We attempt to be as accurate as possible regarding the content of the Service. Also, We reserve the right to correct any errors, inaccuracies or omissions and to change or update the information at any time without prior notice. We welcome feedback from users about the content of NameShouts.
By using the Website, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other third parties will be limited to a claim against the particular third party who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from NameShouts with respect to such actions or omissions.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Website ('Feedback'). You may give us your feedback by emailing us at email@example.com, or by using the Feedback widget at the bottom of the site. You acknowledge and agree that all Feedback will be the sole and exclusive property of NameShouts and you hereby irrevocably assign to NameShouts and agree to irrevocably assign to NameShouts all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, trade-marks and other proprietary or intellectual property rights therein. You also hereby waive all moral rights you may have in the Feedback. At NameShouts’s request and expense, you will execute documents and take such further acts as NameShouts may reasonably request to assist NameShouts to acquire, perfect, maintain and defend its intellectual property rights and other legal protections regarding the Feedback.
You agree that no joint venture, partnership, or employment relationship exists between you and NameShouts as a result of these Terms or use of the Website.
Any Software that is made available to download from the Website is the copyrighted work of NameShouts. Your use of such Software is governed by these Terms and the terms of the end user license agreement ('License Agreement'), if any, which accompanies, or is included with, the Software. You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement. For any Software made available for download on this Website not accompanied by a License Agreement, we hereby grant to you, the user, a limited, non-exclusive, personal, non-transferable license to use the Software for viewing and otherwise using this Website for your own personal non-commercial use in accordance with these Terms and for no other purpose.
Please note that all Software, including, without limitation, all HTML code contained on this Website, is owned by NameShouts, and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT.
NameShouts own the Services, including all worldwide intellectual property rights in the Services, and the trademarks, service marks, and logos contained therein. Except as expressly permitted herein, you may not copy, further modify, duplicate, distribute, display, perform, sublicense, republish, retransmit, reproduce, create derivative works of, transfer, sell or otherwise use the Services appearing in the Services. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in the Services. All trademarks are trademarks or registered trademarks of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, or trade name of NameShouts or any third party.
You may not or attempt to (a) decipher, decompile, disassemble, or reverse-engineer any of the software used to provide the Services; (b) circumvent, disable, or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any Content; (c) use the Services in connection with any commercial endeavours in any manner; (d) use any robot, spider, site search or retrieval Services, or any other manual or automatic device or process to retrieve, index, data-mine, or in any way reproduce or circumvent the navigational structure or presentation of the Services; (e) harvest, collect or mine information about other users of the Services; or (f) use or access another user’s account or password.
Restrictions Except as set forth expressly herein, you shall not, and shall not permit any third party, to (a) reverse engineer or attempt to find the underlying code of the Services; (b) modify the Services, or in any other way manipulate the Services; or (c) modify, frame, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate to any third party or on any third-party web site, or otherwise use the Services except as expressly permitted by these Terms. Persons under the age of 18 (or any other person that is a minor under applicable law) may not negotiate prices or make purchases through the Services.
These Terms shall be governed by the law of the Province of Quebec, Canada exclusive of its choice of law rules. Your conduct may also be subject to other local, state, and national laws. Any action to be brought in connection with these Terms or the Services shall be brought exclusively in the courts in Quebec and you irrevocably consent to their jurisdiction. Any cause of action against NameShouts must be brought within one (1) year of the date such cause of action arose. In the event that any provision of these Terms is held to be unenforceable, such provision shall be replaced with an enforceable provision which most closely achieves the effect of the original provision, and the remaining terms of these Terms shall remain in full force and effect.
You agree to indemnify and hold NameShouts, its subsidiaries, affiliates, officers, agents and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Website or the Software.
You agree that NameShouts may for any reason, in its sole discretion and without notice, terminate your account, and remove from the Services any content associated with your account. Grounds for such termination may include (i) extended periods of inactivity, (ii) violation of the letter or spirit of these Terms, (iii) unreasonable use of the Subscription (as defined below), (iv) fraudulent, harassing or abusive behaviour, or (v) behaviour that is harmful to other users, third parties, or the business interests of NameShouts.
If NameShouts believes, in its sole discretion, that a violation of these Terms or any illegal or inappropriate behaviour has occurred, we may take any other corrective action we deem appropriate. We reserve the right to investigate suspected violations of these Terms or illegal and inappropriate behaviour on the Services. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or behaviour of anyone believed to have violated these Terms or to have engaged in illegal behaviour on the Services. You may request termination of your NameShouts account at any time and for any reason by sending an email to firstname.lastname@example.org. Any suspension, termination, or cancellation shall not affect your obligations to NameShouts and its licensors under these Terms (including but not limited to ownership, indemnification, and limitation of liability), which by their sense and context are intended to survive such suspension, termination, or cancellation.
Failure by NameShouts to exercise or delay in exercising any right, power or privilege under these Terms of Service shall not operate as a waiver; nor shall any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof.
The headings used in these Terms are for convenience only and shall not affect the meaning or scope of these Terms or otherwise be given other legal effect.