Welcome to the Civic Shout (a Simple Circle LLC product), ("Civic Shout," "Company," "we," "us," and "our") website (the “Website") located at civicshout.com. BY USING CIVIC SHOUT'S SERVICES OR WEBSITE YOU CONSENT TO THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THE WEBSITE AND/OR SERVICES.
While Civic Shout strives to ensure that the information contained on the Website is accurate and reliable, Civic Shout makes no warranties as to the accuracy, correctness or completeness of any such information and assumes no liability or responsibility for any omissions or errors in the content of the Website. Civic Shout reserves the right to revise the information contained on the Website at any time, in its sole discretion, without any obligation to notify past, current or prospective visitors.
We reserve the right to change these Terms and Conditions from time to time without notice by posting the changes to the Website. When we do, we will also revise the "last update" date of these Terms and Conditions and send an email notification if changes are substantial/significant.
THE INFORMATION ON THE WEBSITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
No advice or information, whether oral or written, obtained by a user from Civic Shout, shall create any warranty not expressly made herein.
Some of Civic Shout's Services require the use of third party services, products or networks. Civic Shout will make commercially reasonable efforts to communicate any policies, requirements or guidelines of those third parties to you. You agree to follow those policies, requirements or guidelines. ANY ACTUAL OR ALLEGED VIOLATION OF A THIRD PARTY POLICY, REQUIREMENT OR GUIDELINE BY YOU IS YOUR RESPONSIBILITY. CIVIC SHOUT MAKES NO WARRANTY OR REPRESENTATION THAT ITS WEBSITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE IF ANY VIOLATION OF A THIRD PARTY POLICY, REQUIREMENT OR GUIDELINE BY YOU IS ALLEGED BY A THIRD PARTY.
IN NO EVENT WILL CIVIC SHOUT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES HOWEVER THEY MAY ARISE, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE: (i) USE OF THE INFORMATION CONTAINED ON THE WEBSITE; (ii) USE OF SOFTWARE DOWNLOADED OR LINKED TO FROM THE WEBSITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (iv) FOR THE FAILURE TO PROVIDE SERVICES OR INFORMATION AVAILABLE FROM THE WEBSITE, EVEN IF CIVIC SHOUT HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN THE EVENT YOU HAVE ANY DISPUTE WITH ONE OR MORE THIRD PARTIES AS A RESULT OF YOUR USE OF THE WEBSITE, CONTENT OR SERVICES, OR ARE IN ANY WAY DAMAGED AS A RESULT OF ANY THIRD PARTY ACTION IN CONNECTION THEREWITH, YOU HEREBY RELEASE AND COVENANT NOT TO SUE OR OTHERWISE MAKE A CLAIM, DEMAND OR FILE ANY LEGAL ACTION OR INSTITUTE ANY LEGAL OR REGULATORY PROCEEDINGS AGAINST CIVIC SHOUT, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES AND SUPPLIERS, FOR ANY CLAIMS, ACTIONS, DEMANDS OR DAMAGES (WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL), OF WHATEVER KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, WHETHER FORESEEABLE OR NOT, DISCLOSED OR UNDISCLOSED.
You agree to defend, indemnify and hold Civic Shout harmless from and against any and all third party claims, damages, costs and expenses, including reasonable attorney's fees, arising from or related to your use of the Website.
Any links to third party sites are provided as a convenience to you, and such sites are neither owned nor operated by Civic Shout. Civic Shout has no control over these linked sites, is not responsible for the content of these sites, makes no representations or warranties with respect to these linked sites, and shall not be liable for any damages or injury arising from the contents of these linked sites. Your viewing and use of any third party sites is at your sole discretion and risk.
You understand and acknowledge that the software, code, proprietary methods and systems used to provide the Website and the Service (“Our Technology”) are: (i) copyrighted by us and/or our licensors under United States and international copyright laws; (ii) subject to other intellectual property and proprietary rights and laws; and (iii) owned by us or our licensors. Our Technology may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without our prior written permission and the prior written permission of our applicable licensors. You must abide by all copyright notices, information, and restrictions contained in or attached to any of Our Technology. Nothing in these Terms of Service grants you any right to receive delivery of a copy of Our Technology or to obtain access to Our Technology except as generally and ordinarily permitted through the Site according to these Terms of Service. Furthermore, nothing in these Terms of Service will be deemed to grant, by implication, estoppel or otherwise, a license to Our Technology. Certain of the names, logos, and other materials displayed on the Website constitute trademarks, tradenames, service marks or logos (“Marks”) of Civic Shout or other entities. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with us or those other entities. Any use of third party software provided in connection with the Website will be governed by such third parties’ licenses and not by these Terms of Service.
Except for your personal use as permitted herein, these items may not be copied, displayed, transmitted or reproduced in any form without the express written permission of Civic Shout.
You may not use any language in your messages to intended recipients that contain obscene language or sexual content; threaten or defame any person or organization; violate the legal ownership interest of another party; promote illegal activity; promote commercial services or products; grossly disrespect any individual or entity; contain false or misleading information; or contain hate speech (“Content Standards”). You are solely responsible for what you write to message recipients and Civic Shout is no way liable or responsible and you agree that your views are your own and not Civic Shout’s. Civic Shout may, at its sole discretion, unpublish a publicly posted open letter if it determines that language in the message violates Content Standards immediately without prior written notice.
In the event you elect to communicate to us suggestions for improvements to the Website or any of Civic Shout's services or properties (collectively, "Feedback"), we shall own all right, title, and interest in and to the same, even if you have designated the Feedback as confidential, and we shall be entitled to use the Feedback without restriction. Furthermore, any other content or information you post or provide to Civic Shout via comments, forums, emails and the like (collectively, "Communications") shall be considered the property of Civic Shout. You hereby irrevocably assign all right, title and interest in and to the Feedback and Communications to us and agree to provide us such assistance as we may require to document, perfect and maintain our rights to the Feedback and Communications.
Civic Shout and the Civic Shout logo are trademarks of Simple Circle llc. Other company, product, and service names mentioned in these documents may be trademarks and/or service marks of others.
You must be at least 18 years old to use the Website and Services. You are solely responsible for ensuring that your use of the Website and Services is in compliance with all laws, rules and regulations applicable to you. You may not use the Website and Services and not accept the Terms of Conditions if you are a person barred from accessing the Services under applicable laws, or from which you interact with the Services.
Access to the Website and Services is permitted on a temporary basis, and we reserve the right to withdraw or amend any Services we provide without notice. From time to time, we may restrict access to any or all parts of the Website or Services, at our sole and absolute discretion.
You may use our Services for lawful purposes only. When using the Website or Services, you may not impersonate, imitate or pretend to be another person or entity, nor use the Website or Services in any way that is inconsistent with any applicable law or regulation. If you use our Services, you may only submit accurate information solely on your own behalf as a natural person. If you provide any information to us or upload content on the Service, you represent to us that you have all the necessary legal rights to provide such information or submit such content and it will not violate any law or the rights of any person. You shall not upload to, or distribute or otherwise publish on to the Services any libelous, defamatory, obscene, pornographic, abusive, or otherwise illegal material. You shall not impersonate anyone else or otherwise misrepresent your identity, affiliation or status. You agree not to provide material and misleading information knowingly and with intent to defraud. You shall not upload to, or distribute or otherwise publish on to the Services any malware, viruses, spyware, or other malicious software or files to the Services. You shall not use automated means to upload to, or distribute or otherwise publish onto, the Services any content.
You are responsible for compliance with all applicable laws. The Terms of Service and the relationship between you and Civic Shout will be governed by the laws of the state of New York, without giving effect to any choice of laws principles that would require the application of the laws of a different country or state. You further agree consent to the personal jurisdiction of a court located in the state of New York. These Terms of Service are personal to you, and you may not transfer, assign or delegate your right and/or duties under these Terms of Service to anyone else and any attempted assignment or delegation is void. You acknowledge that we have the right hereunder to seek an injunction, if necessary, to stop or prevent a breach of your obligations hereunder. The paragraph headings in these Terms of Service, shown in boldface type, are included only to help make these Terms of Service easier to read and have no binding effect. Any delay or failure by us to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. No waiver by us will have effect unless such waiver is set forth in writing, signed by us; nor will any such waiver of any breach or default constitute a waiver of any subsequent breach or default. These Terms of Service constitute the complete and exclusive agreement between you and us with respect to the subject matter hereof, and supersedes all prior oral or written understandings, communications or agreements. If for any reason a court of competent jurisdiction finds any provision of these Terms of Service, or portion thereof, to be unenforceable, that provision of these Terms of Service will be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of these Terms of Service will continue in full force and effect. If you are a California resident, you waive California Civil Code §1542, which says: “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.”
May 7, 2019