1. Terms and Conditions of Use
2. Site use
2.1 Licence to Use Site
(a) We grant you a non-exclusive, revocable, limited, worldwide, non-transferrable licence to use the Site for your general information and your own personal use in accordance with these Terms.
(b) You may access and use the Site (including any incidental copying that occurs as part of that use) in the normal manner and may also print one copy of any page within the Site for your own personal, non-commercial use.
2.2 Site Content and Services
You acknowledge and understand that:
(a) the Site will not operate on a continuous basis, and may be unavailable from time to time (including for maintenance purposes).
(b) we reserve the right to alter, amend or cease the operation of the Site at any time in our sole discretion without notice.
(c) Shout accepts no responsibility for the accuracy of the information in advertisements that are placed on our Site.
2.3 User Conduct
You represent and warrant to us that you:
(a) will be solely responsible for all your activities on our Site;
(b) have the legal capacity to enter these Terms;
(c) are 18 years of age or older. No person under the age of 18 may use this Site to donate;
(d) will keep all passwords, account names, log in identifiers required to access our Site secure and confidential;
(e) will not use the Site in any way that causes, or is likely to cause, the Site or access to it to be interrupted, damaged or impaired in any way;
(f) will not use the Site to misrepresent your identity or affiliation with any person or organisation;
(g) will not use the Site to conduct, display or forward details of any survey, contest, pyramid scheme or chain letter or use any part of our Site to send commercial messages in contradiction of the Spam Act 2003 (Cth)
(h) will not attempt to modify, adapt, translate, sell, reverse engineer, decompile or disassemble any portion of the Site, any associated website or any other website.
(i) will not hide, deface, alter or delete any copyright symbol, trade mark or other proprietary rights notice;
(j) will not attempt to bypass the network firewall.
(k) will not use any part of the Site which you are not authorised to use or devise ways to circumvent security in order to access part of the Site which you are not authorised to access. This includes, but is not limited to, scanning networks with the intent to breach and/or evaluate security, whether or not the intrusion results in access.
(l) will not use or attempt to use the Site for any unlawful, criminal or negligent purpose. This includes, but is not limited to, password cracking, social engineering (defrauding others into releasing their passwords), denial-of-service attacks, harmful and malicious destruction of data, infringing the intellectual property rights of any person, and injection of computer viruses and intentional invasion of privacy.
2.4 Termination or Suspension of Use
(a) These Terms terminate automatically if, for any reason, we cease to operate the Site.
(b) Shout has the right, but not the obligation, to monitor any activity on the Site. We may investigate any reported violations of the TOU or complaints and take any action that it deems appropriate. We reserve the right to suspend or terminate your account or access to our Site at our sole discretion if we believe that you have breached or may breach these Terms.
(c) While we may endeavour to notify you of a breach of these Terms and ways in which you may remedy those breaches., we are under no obligation to do so.
(d) Where we have suspended or terminated your account or access to our Site, you must not attempt to circumvent this action by registering or attempting to register again under alternative username(s).
3. Disclaimer and No Liability; Indemnity
3.1 Disclaimer of Warranties:
(a) GENERAL DISCLAIMER: TO THE FULL EXTENT PERMITTED BY LAW, WE EXCLUDE ALL REPRESENTATIONS, WARRANTIES OR TERMS (WHETHER EXPRESS OR IMPLIED) RELATING TO THE CONTENT, TIMELINESS, COMPLETENESS, ACCURACY, SUITABILITY OR PERFORMANCE OF OUR SITE OTHER THAN THOSE EXPRESSLY SET OUT IN THESE TERMS. YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. ALL CONTENT AND OTHER INFORMATION ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, AND SHOUT EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SITE AND ALL ELEMENTS THEREOF, WHETHER IMPLIED, EXPRESS, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT OF THIRD-PARTY RIGHTS, SATISFACTORY QUALITY, QUIET ENJOYMENT AND ACCURACY. YOU ACKNOWLEDGE THAT THE CONTENT MAY CONTAIN INACCURACIES OR ERRORS AND WE EXPRESSLY EXCLUDE LIABILITY FOR ANY SUCH INACCURACIES OR ERRORS TO THE FULLEST EXTENT PERMITTED BY LAW.
(b) ALTHOUGH THIS SITE PROVIDES YOU THE ABILITY TO REVIEW, DONATE TO OR FUNDRAISE ON BEHALF OF DONEES, YOU HEREBY ACKNOWLEDGE AND UNDERSTAND THAT SHOUT IS NOT AND DOES NOT ENDORSE, RECOMMEND OR OTHERWISE VOUCH FOR SUCH DONEES, AND ANY ASSOCIATION WITH OUR SITE SHOULD NOT BE VIEWED AS A STATEMENT AS TO SUCH DONEE’S WORTHINESS, CREDIBILITY OR ANY OTHER MATTER. IT IS SOLELY YOUR RESPONSIBILITY TO REVIEW AND DETERMINE WHETHER TO DONATE TO OR FUNDRAISE ON BEHALF OF SUCH DONEES. ADDITIONALLY, YOU ACKNOWLEDGE AND UNDERSTAND THAT SHOUT ITSELF DOES NOT HAVE ANY CONTROL OR RELATIONSHIP WITH SUCH DONEES – APART FROM PROVIDING THEM WITH THE CERTAIN SERVICES - AND THEREFORE DOES NOT HAVE ANY CONTROL OR INFLUENCE OVER THE DONEES – AND AS SUCH MAKES NO REPRESENTATIONS, WARRANTIES, PROMISES OR OTHER GUARANTEE AS TO HOW ANY DONATED FUNDS MAY OR MAY NOT BE USED.
YOU ALSO ACKNOWLEDGE AND UNDERSTAND THAT SHOUT IS SOLELY IN THE BUSINESS OF CONNECTING YOU WITH DONEES AND PROVIDING TOOLS TO SUPPORT DONATIONS AND PROVIDING INVIDIUALS WITH PEER-TO-PEER FUNDRAISING TOOLS, AND FURTHER THAT SHOUT, UNDER NO CIRCUMSTANCE, ACCEPTS LIABILITY IN CONNECTION WITH AND/OR ARISING FROM YOU DONATING TO A DONEE OR FOR YOUR INVOLVEMENT IN ANY PEER-TO-PEER FUNDRAISING CAMPGAINS, INCLUDING ANY LIABILITY RELATED TO ANY ACTS, OMISSIONS, ACTION, BEHAVIOR, CONDUCT, AND/OR NEGLIGENCE. YOU ACKNOWLEDGE AND UNDERSTAND THAT SHOUT WOULD NOT BE OFFERING YOU ANY SUCH SERVICES BUT FOR THESE ACKNOWLEDGMENTS, AND YOU HEREBY ACCEPT SUCH ALLOCATION OF RISK.
3.2 Limitation Of Liability
UNDER NO CIRCUMSTANCES SHALL SHOUT (AND ITS FUNDERS, SUCCESSORS, PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, DEVELOPERS, NETWORKS, DISTRIBUTORS, JOINT VENTURERS AND ATTORNEYS) BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, BUSINESS OR PROFITS THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, INFORMATION, DESCRIPTIONS, ACTS OR OMISSIONS OF ANY DONEES OR ANY PEER-TO-PEER FUNDRAISING CAMPAIGN, ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY SHOUT OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY'S USE OF THE SITE, ANY ACTION TAKEN IN CONNECTION WITH, OR RELATED TO, COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS, ANY ERRORS OR OMISSIONS IN THE SERVICE'S OPERATION, OR ANY DAMAGE TO 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, LOSS OF GOODWILL, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR ANY OTHER ACTION. IN NO EVENT WILL SHOUT BE LIABLE TO YOU OR ANYONE ELSE FOR DEATH OR PERSONAL INJURY, EVEN IF THE POSSIBILITY OF SUCH DAMAGES HAS BEEN ADVISED, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. BY DOWNLOADING AND USING THIS SITE, YOU EXPRESSLY AGREE TO THE ALLOCATION OF RISK SET FORTH HEREIN.
WHERE LIABILITY CANNOT BE EXCLUDED ANY LIABILITY INCURRED BY US IN RELATION TO THE USE OF OUR SITE OR ITS CONTENTS IS LIMITED AS PROVIDED UNDER THE COMPETITION AND CONSUMER ACT (2010).
(a) You indemnify and agree to keep us indemnified against any loss or damage or cost incurred by us in connection with your breach of these Terms or of any other legal obligation by you or your use of or conduct on our Site, or any act or omission related to your involvement in any peer-to-peer fundraising campaigns .
(b) These Terms are to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions, guarantees or obligations. If such legislation applies, to the greatest extent possible, we limit our liability in respect of any claim to, at our option:
(i) the supply of the services again; or
(ii) the payment of the cost of having the services supplied again.
4. Third Party Websites and Third Party Content
(a) When purchasing goods or services through a third party website, you may have the opportunity to make a donation to Shout. This service is provided solely for your convenience.
(b) We are not responsible for the operation, security levels, content or any other aspect of any third party website.
(c) When accessing third party websites (either independently or via links on our Site) we recommend that you:
(i) make your own enquiries as to the suitability of the content of third party websites and the goods and services available for sale on them; and
(a) This Agreement, your use of this Site and any dispute arising out of your use of this Site is governed by the laws of the State of Victoria, Australia and each party submits to the jurisdiction of the courts of the State of Victoria Australia unless the matter relates to any Commonwealth legislation, or to fundraising legislation in the various States and Territories.
(b) The Shout Site is hosted in Australia. If you are a non-Australian user of the Site, by visiting the Site you agree to the application of Australian law, and you will comply with all national, state and local laws governing the Site and its services. You further agree to comply with all applicable laws regarding the transmission of data exported from Australia or the country in which you reside. Without limiting the generality of the foregoing, if you are a user, you agree to obtain and comply with all conditions of any registrations, permits, licenses, consents or permissions that you are required to hold in order to utilize the Site and any services, and you shall immediately notify us if any such registration, permit, license, consent or permission is terminated or revoked.
We make no representations that the Site and any and all information contained therein, including the Content or services, are appropriate, available or legal in any particular location. The Content and services provided via the Site is not intended for distribution 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 Shout to any registration requirement within such jurisdiction or country. You hereby acknowledge and agree that you are choosing to access the Site and/or the Content or services, on your own initiative and that you are responsible for compliance with all applicable international, federal, state, local and any other applicable laws, statutes, ordinances and regulations regarding your use of the thereof.
6. Copyright and Intellectual Property Policy
Except as otherwise expressly stated, all text, images, software, logos, icons, sound recordings and HTML code, content, information and other copyright material (collectively, the “Content”) appearing on this Site is the copyrighted work of Shout or its third party content suppliers and is protected by Australian and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all content is also the exclusive property of Shout and is protected by Australian and international copyright laws. You may download information from this Site and print out a hard copy for your personal use provided that you keep intact and do not remove or alter any copyright or other notice (e.g., trademark, patent, etc.) contained in the Content. Except as otherwise expressly stated herein, you may not alter, modify, copy, distribute (for compensation or otherwise), transmit, display, perform, reproduce, reuse, post, publish, license, frame, download, store for subsequent use, create derivative works from, transfer, or sell any Content obtained from this Site, in whole or in part, including any text, images, audio, and video in any manner, without the prior written authorization of Shout or any applicable third party suppliers. The use of Content, including images, by you, or anyone else authorized by you, is prohibited unless specifically permitted by Shout. Any unauthorized use of text or images may violate copyright laws, trademark laws, the laws of privacy and publicity, and applicable regulations and statutes. Shout does not warrant or represent that your use of Content or any other materials displayed on this Site will not infringe rights of third parties. If you believe that any Content on this Site violates or infringes upon your intellectual property rights, please notify us immediately at firstname.lastname@example.org with all specifics necessary for us to consider and respond to your complaint. You may be asked to provide additional information and follow additional procedures for us to act on your complaint.
(b) Trademarks and Service Marks
Certain trademarks are the service marks and trademarks of Shout or one of its affiliates. The domain name for this Site, all page headers, custom graphics, and button icons are service marks, trademarks, logos, and/or trade dress of Shout. All other trademarks, service marks, trade dress, product names, company names or logos, whether registered or not, on the Site are the property of their respective owners. In addition to complying with all applicable laws, you agree that you will not use any such trademarks, service marks, trade dress, or other logos from this Site without the prior written authorization of Shout.
(c) Nothing in these Terms constitutes a transfer of any intellectual property rights. You acknowledge and agree that, as between you and us, we own all intellectual property rights in the Site.
(d) Reproduction of any material found on this Site is prohibited other than for your own personal, non-commercial use, provided that the material is not altered in any way and no trade mark, copyright mark or other proprietary notice is removed from the material in question. No other use of material on the Site is permitted other than with the express written permission of the copyright holder.
(e) Unauthorised use of our intellectual property may give rise to a claim for damages and/or be a criminal offence.
7. Donees on the Site; Other Activities
(a) Donations can be made to either charities or for profit entities that are not deductible gift recipients (but have been chosen by Shout because of their broad social agenda) (“Donees”).
(b) All the Donees that appear on our Site have entered into a contractual arrangement with Shout which enables us to collect donations made on our Site on their behalf.
(c) Some Donees have similar names. It is your responsibility to ensure that the Donee you have selected from the Site is your intended charity.
7.1 Use of Funds by Donees
Shout makes no representations or warranties in relation to the appropriate use by Donees of funds raised by use of the Site or the services provided.
7.2 Peer-to-Peer Fundraising
(a) Subject to 3.3(c) below, by allowing you to create a peer-to-peer page on the Site, Shout has appointed you as its agent for the purpose of raising funds for the Donee named on your peer-to-peer page. Shout may revoke that appointment at any time without needing to have a reason.
(b) By creating a peer-to-peer page on the Site, you accept the appointment as Shout’s agent to request donations from Donors on behalf of the Donee.
(c) You agree that the appointment as Shout’s agent does not allow you to accept donations from any Donor and you acknowledge that all such donations must be accepted by Shout through the Site.
(d) In performing any such peer-to-peer activities, you hereby represent, warrant and agree that: (i) you will comply with all federal, state, local and provincial laws, orders and permits, including any applicable rules or regulations required from any authority, including government, regulatory or other, as well as all other applicable requirements, and (ii) you shall not conduct yourself in a manner that is, or could be viewed as, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable, or that may invade another's right of privacy or publicity, and (iii) all statements made by you in regard to or related to any peer-to-peer activities shall be truthful, accurate and in good taste.
(e) You indemnify and release Shout, its directors, employees, agents, successors and assigns from and against any loss or liability (including legal costs and expenses but excluding indirect loss or consequential loss) incurred by Shout arising from any claim, demand, action, suit or proceeding by any person against Shout, its servants and agents where such loss or liability arose out of, in connection with, or in respect of:
(i) a breach of this Agreement by you; or
(ii) any misrepresentation by you to the Donor.
(f) The fees payable in relation to peer-to-peer fundraising are set out in 4.3(f) and (g) below.
8.1 Donations and fees
(a) All donations are denominated in Australian Dollars and are not subject to GST. If you make a donation using an Authorised Currency (the NZ Dollar, British Pound or US Dollar), there will be additional costs that are detailed in our AUS Rate Sheet (see also paragraphs (b) and (c) below).
(b) Across some Shout platforms, before a donation is processed through Shout, there is a preselected option to ‘add fees and taxes to donation’ (Fees on top option). If you leave this checkbox selected for the Fees on top option, the amount processed on your credit card or through your PayPal account is increased to cover Shout fees, other transaction costs and taxes (see AUS Rate Sheet) so that the Donee receives the full amount of your intended donation (the increased amount will be clearly shown). For example, if you intend to donate $10, the total amount processed on your credit card or through your PayPal account will be increased to an amount (that will be displayed on the platform) to cover Shout fees, other transaction costs and taxes in relation to the donation so that the total amount the Donee receives is $10.
(c) If you do not wish to pay the fees, other transaction costs and taxes for the Donee for any Fees on top option, you must ‘opt-out’ by deselecting the checkbox before submitting the donation. This means that the Donee will receive an amount less Shout fees, other transaction costs and taxes (the Shout fees, other transaction costs and taxes are detailed in our AUS Rate Sheet).
8.2 Tax Deductibility
(a) We have been authorised by the charities to issues receipts to you on their behalf.
(b) PLEASE NOTE THAT SHOUT MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE TAX DEDUCTIBILITY OF ANY SUCH DONATIONS. You should obtain independent tax advice about the deductibility of your donation. For the avoidance of doubt, Donees that are for profit entities are not deductible gift recipients.
(a) All payments of donations will be made using a credit card or a PayPal account.
(b) Shout undertakes and agrees at its own cost to comply with the requirements of the Payment Card Industry Data Security Standard 3.2 (‘PCI DSS’), and provide reasonable evidence of such compliance with PCI DSS upon request.
(c) Shout will utilise validated Level 1 Payment Card Industry (PCI) payment gateway services (collectively, the “Payment Processor(s)”) to process the payment of donations made by users via credit card.
(d) Payment Processors utilised by Shout comply with the Payment Card Industry Data Security Standards (PCI DSS).
(e) Shout will not collect or store credit card data of users on its own systems. All card data handling and storage will be outsourced to the Payment Processors. Stored payment details can be used to process future one off payments or recurring payments.
(f) The Payment Processors will process the donation made by credit card and then distribute the funds to Shout. Shout will then distribute the money directly to the Donee bi-monthly or an agreed to frequency (after costs are subtracted).
(g) When payment is made through a PayPal account, PayPal Australia Pty Ltd will distribute the funds to Shout. Shout will then distribute the money directly to the Donee bi-monthly or an agreed to frequency (after costs are subtracted).
(h) Please note that Shout is not affiliated with the Payment Processors or PayPal Australia or any other payment method that may be used by us and we are not responsible in any way for the actions or performance (or lack thereof) of any such Payment Processor. Accordingly, Shout expressly disclaims responsibility and liability for all services provided by these Payment Processors, including those related to donation/payment and text transactions, and you hereby agree that Shout shall not be responsible for any loss or damage of any sort incurred as a result of such services. Additionally, since these providers will have access to the information you provide to them in order for you to make a donation/payment or text transaction, we recommend that you closely review any policies that may be detailed on their respective websites.
We cannot process refunds on behalf of Donees. Please contact the Donee directly and quote your Shout receipt number. If an error is made by us, full refunds will be made immediately upon notification of the error and all costs will be borne by us. If you have paid using an Authorised Currency, the refund will be processed in that same currency.
9.1 Security Policy
(a) Shout is committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have put in place commercially reasonable physical, electronic and managerial procedures to safeguard and secure the information we collect online.
(b) We endeavour to ensure that your personal information is secure but we will not be held responsible for any breaches of security including unauthorised access to your personal information. Your use and access of our Site is entirely at your own risk.
9.2 Unauthorised Use
You agree not to use an invalid or unauthorised credit card or PayPal account. Once a donation is made, the transaction is final and not subject to dispute unless unauthorised use of your payment card or account is proven. If you become aware of fraudulent use of your card or account, or if it is lost or stolen, you must notify your card issuer or PayPal Australia Pty Ltd in accordance with its reporting rules.
(a) Upon registration with Shout, you will be invited to create a password to protect your personal account.
(b) It is your responsibility to keep this password safe and ensure that it is not disclosed to any third party.
(c) If you become aware that unauthorised use of your password has, or may have, taken place, you are advised to change your password immediately by following the on-Site instructions.
10. Complaints Handling Process
If a person or organisation wishes to make a Complaint about the services of Shout they must do so in accordance with the following Complaints Handling Process.
10.1 Lodging a Complaint
A Complaint shall:
(a) be submitted via one of the following channels:
- Telephone on 1300 747 278
In writing toShout For Good Pty Ltd
Level 13, 55 Collins St,
Melbourne, VIC, 3000
- Email to email@example.com
- The Contact Form on the Shout webstie;
(b) be submitted within 30 days after the conduct which gave rise to the Complaint is alleged to have occurred;
(c) disclose the name, organisation and relevant contact details of the Complainant;
(d) clearly state the nature and circumstances of the Complaint;
(e) have attached to it, such evidence and submissions as the Complainant relies on in support of the Complaint; and
(f) disclose the names, and relevant contact details of persons whose evidence will be relied on by the Complainant.
10.2 Review and Resolution of Complaint
(a) Shout will receive Complaints submitted and acknowledge receipt of the Complaint to the Complainant within 2 business days of receiving the Complaint.
(b) In the event a Complaint received by Shout is directly about a charity, but not related to a Shout product or service, the Complaint will be directed via email to the mentioned charity. The Complainant will be informed that the details of their Complaint have been passed on.
(c) Shout will usually make a decision on a Complaint within 14 days of receipt. However, in some cases, more time may be required to complete the investigation before making a decision. Shout will endeavour to provide timely updates if more time is required.
(d) Shout will exercise their discretion reasonably and determine a resolution on the basis of evidence before them. The Parties will have 14 days from the date of notification of the determination of Shout to lodge an appeal against the Complaint resolution provided. Any response and additional resolution and/or remedy provided by Shout – or a determination by Shout that no additional response or remedy is needed - shall be considered a final determination of any such matter.
(e) Written correspondence will be sent to the Complainant for all resolved Complaints.
(f) In the event a Complaint about a Shout product or service relates to a specific charity, Shout will email the charity with a written description of the complaint received and resolution provided. The Complainant will be informed that the details of their Complaint have been passed on.
(g) In case there is no resolution of the Complaint within 14 days, or if the Complainant wishes to do so, the complaint can be referred to the Shout CEO for review.
11. Age Requirements
The Shout Site is intended solely for users who are 13 years of age or older, and any registration by, use of or access to the Site by anyone under 13 is unauthorized, unlicensed and in violation of these TOU. If you are under 13, you are forbidden to use the Site. If you are 13 or older but under the age of 18, you should review these TOU with your parent or guardian to make sure that your parent or guardian understands them, agrees to be bound by them and you should only use the Site with their permission and under their supervision. Additionally, you have to be 18 years of age or older to make any donations; if you are between 13 years to 18 years of age you must have your parent(s)’ or legal guardian(s)’ permission to make a donation. By using this Site, you represent and warrant that you are 13 or older and that you agree to and to abide by these TOU. Notwithstanding anything to the contrary, if you are in a jurisdiction in which the minimum age permissible by law to use the Site is greater than 13, all references to 13 in this section shall instead be replaced with the minimum age permitted in your jurisdiction.
12. Validity of Terms; Waiver
If a provision of these Terms is invalid or unenforceable, it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.
No waiver of any breach of these Terms will be construed as a waiver of any other breach of these Terms.
13. Force Majeure
Shout shall not be liable for any failure or delay in performance due in whole or in part to any cause beyond our reasonable control, or the reasonable control of out contractors, agents or suppliers, including but not limited to utility or transmission failures, power failure, strikes or other labor disturbances, acts of God, acts of war or terror, floods, sabotage, fire, natural or other disasters.