SHOUT! Online - Terms of Use

This website («Website») is operated by SHOUT! Online, independent online music magazine from Moscow, Russia («we», «our» and «us»). Please read the following terms and conditions, which include our Privacy and Cookies Policy (collectively, this «Terms of Use»), carefully before you use the Website because they affect your legal rights and obligations.

BY ACCESSING AND USING THE WEBSITE, YOU («YOU» or «USER») ACKNOWLEDGE AND AGREE TO BE BOUND BY THIS TERMS OF USE. IF YOU DO NOT AGREE, DO NOT USE THE WEBSITE.

When we refer to «Content» in this Terms of Use, we mean anything that is published or made available through the Website, e.g. text, audio, video, images, software, data, code, scripts etc.

1. INTRODUCTION

1.1 You must be 18 years or older, or over the applicable age of majority in your jurisdiction to use the Website. If you are below 18 years old or the applicable age of majority in your jurisdiction, you must obtain consent from your parent(s) or legal guardian(s), their acceptance of this Terms of Use and their agreement to take responsibility for: (a) your actions; (b) any charges associated with your use of the Website or purchase of goods and services; and (c) your acceptance and compliance with this Terms of Use. If you do not have consent from your parent(s) or legal guardian(s), you must stop using the Website.

1.2 You will be able to access all areas of the Website without registering for an account with us.

1.3 We may revise this Terms of Use at any time by updating this posting (see date on top). It is your responsibility to check the Website from time to time to review the current terms and conditions as each use of the Website by you signifies your acceptance to be bound by the latest terms and conditions. Certain provisions of this Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages of the Website. If you do not wish to accept any new terms and conditions after we have given notice, you should not continue to use the Website.

2. BUYING GOODS AND SERVICES FROM A THIRD-PARTY VIA THE WEBSITE

2.1 Goods and services available through the Website may either be:

  • (a) provided by a third-party through a third-party website linked to or framed by the Website;
  • (b) provided by a third-party through a third-party website which includes us or our brands however the goods and/or services are provided by the third-party.

2.2 In the circumstances described in Section 2.1 above («Merchant Sales»), the legal contract for the goods and services provided will be made between you and the relevant third-party seller («Merchant») and the relevant Merchant’s terms and conditions will apply to the sale and supply of the goods and services («Merchandise») in addition to this Terms of Use. Accordingly, we cannot give any undertaking that the Merchandise you purchase from the Merchant through the Website will be of satisfactory quality and any such warranties are hereby disclaimed by us absolutely. However, this disclaimer by us, does not affect your statutory rights against the Merchant.

2.3 Merchant Sales shall be subject to the following terms and condition («Merchant Terms»):

2.3.1 When purchasing Merchandise, you acknowledge that:

  • (a) the Merchant (and not us) is solely responsible for the fulfilment of orders for any Merchandise and for its quality, suitability and fitness for purpose;
  • (b) the selection of any Merchant or the purchase of any item of Merchandise from the information available on the Website or from the Merchant via the Merchant’s website or otherwise, and/or recommendations made to you by such websites or otherwise, is solely your choice. Any disputes or questions relating to the Merchandise will be directed to the Merchant in question and you acknowledge that we will have no responsibility, obligations or liability in relation to the Merchandise;
  • (c) any Merchant’s data protection practices may differ from those adhered to by us. We are not responsible for, and have no control over, any data that is submitted to, or collected by the Merchants; and
  • (d) we are not responsible or liable directly or indirectly for any charges or losses whatsoever and howsoever arising or resulting from your use of or reliance on any content, materials or Merchandise available through, on or from any Merchant or their websites.

2.4 You should carefully read the Merchant’s own terms and conditions in addition to these Merchant Rules and this Terms of Use. It is important that you check the privacy policy, terms and conditions of use and content of any Merchant’s website and any Merchant information accessible to you from the Website prior to purchasing any Merchandise.

3. OWNERSHIP AND USAGE

3.1 The intellectual property rights in the Website and the Content, as well as trademarks, logos, service marks, trade names and trade dress appearing in them (collectively, «Marks») are owned by us and/or our licensors. These are protected by copyright, trademark and other intellectual property laws and treaties around the world. All such rights are reserved. EXCEPT AS ALLOWED IN THIS TERMS OF USE, YOU MUST NOT USE THE WEBSITE, ANY CONTENT OR THE MARKS WITHOUT FIRST GETTING PERMISSION TO DO SO FROM US AND/OR OUR LICENSORS. It is important that you do this so that we (yes, that means you and us) don’t get in trouble unnecessarily.

3.2 You may for your personal and non-commercial use:

  • (a) view the Website on your computer and other devices;
  • (b) print one copy of the Content;
  • (c) save a copy of the Content on your computer or other devices (but not on any server or device that is connected to a network); or
  • (d) share the Content as permitted in this Terms of Use;

So, if you wish to use the Website or the Content (or any parts of them) for your business or other commercial purpose, you first need to get our permission.

3.3 If you breach any of the terms in this Terms of Use, your permission to use the Website automatically terminates and you must immediately destroy any downloaded or printed Content from the Website.

3.4 You must not tinker with or harm the Website, the Content or the Marks. For example:

  • (a) don’t hack into, reverse engineer or impair the working of the Website;
  • (b) don’t help someone to use the Website when they are not allowed to (e.g. a child);
  • (c) don’t pretend to be us (e.g. copying the Website to create your own look-alike website);
  • (d) don’t use the Website to break any laws;
  • (e) don’t modify the paper or digital copies of any Content you have printed off or copied in any way;
  • (f) don’t use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text;
  • (g) don’t tell others or give them the impression that you own the Content;
  • (h) don’t sell the Content;
  • (i) don’t copy or change the Marks;
  • (j) don’t use the Marks without first getting permission from the rightful owner.

3.5 Sometimes you may come across Content that you find interesting. We have made it possible for you to easily share it with others, but we don’t pay for any sharing that you may choose to do.

3.6 Content that you can share will have a «Share» button near to it with favicon buttons for you to email or post such Content to your social media platforms (such as Facebook, Twitter, etc) When you share Content on such social media platforms, their terms will also apply to you. Those terms will be different from these here. Take time to read through them to properly understand what you are getting into.

3.7 When sharing Content, you should:

  • (a) use the favicon buttons in the Website to share;
  • (b) make sure the Content is displayed accurately; and
  • (c) include a credit of the source (if it does not already have one).

3.8 You should not:

  • (a) be charging others to view the Content;
  • (b) use the Content in any way that may suggest you have any sort of business relationship with us or that we endorse you; or
  • (c) associate the Content with advertisements or sponsorships e.g. putting advertisements in them or near them.

4. CHANGES WE MAY MAKE

4.1 Do note that we may also from time to time make changes to the Website and the Content. For example, when we introduce a new feature, when we change how we provide a service to comply with a new legal requirement or when we correct a mistake in the Content etc.

4.2 We can at any time suspend or terminate access to the Website or the Content for certain territories or for any period.

5. REPORTING INFRINGEMENTS

5.1 If you believe that any Content infringes your or another person’s intellectual property rights, please email us at info@shout.ru to report it.

5.2 We appreciate your help in identifying and reporting infringements. We promise to investigate the matter, but we cannot guarantee that we will respond to your email or that we will take any action.

6. THIRD-PARTY SITES

6.1 The Website provides you with access to sites, applications, or platforms which are owned or operated by third parties. We can’t and don’t control these third parties. Whenever you use any of these third-party sites, applications, or platforms, they will have their own terms of use and privacy policies. You should read through their terms of use and privacy policies to ensure that you agree with them.

6.2 You agree that:

  • (a) we don’t endorse the third-party sites, applications, or platforms we link to, or the products, goods, services or content they provide;
  • (b) we’re not responsible for their products, goods, services or content, or liable for anything that happens to you if you use/buy them; and
  • (c) if you share something containing a link on the third-party site, application, or platform, we’re also not responsible for anything on that they link to.

7. DISCLAIMERS AND LIABILITY LIMITS

7.1 We take effort to make the Website and the Content interesting and informative for your reading pleasure. However, sometimes things may go wrong. We do not have any special relationship with you which puts a duty on us to act in your best interest. YOU USE THE WEBSITE AND THE CONTENT ENTIRELY AT YOUR OWN RISK.

7.2 We make no promises about the Website or the Content, including that:

  • (a) it is of satisfactory quality or suitable for your use;
  • (b) it is accurate, complete or adequate;
  • (c) it is secure, error-free or will always be available;
  • (d) it has no bugs;
  • (e) its defects will be corrected;
  • (f) it is lawful for you to use in your country; or
  • (g) your use does not infringe any third-party rights.

7.3 We are not liable to you for anything that happens if:

  • (a) if it is caused by any of the above matters that we did not promise;
  • (b) you rely on advice, data, commentary, opinions etc. in the Content;
  • (c) we change or remove any Content;
  • (d) we remove your ability to share Content;
  • (e) we remove third-party sites linked in the Website and you can’t access them anymore.

7.4 As far as allowed under law, we are also not liable for any indirect, incidental, special, consequential losses or punitive damages that you may suffer from using the Website or the Content.

7.5 All the above applies to third-party sites that we link to as well.

8. INDEMNITY

You agree to indemnify us (and our related companies and their respective directors, employees, representatives, successor and assigns) for all losses and expenses (including reasonable lawyer’s fees) that we may incur from claims made against us that arise from your use of the Website and the Content, including your breach of any laws, other persons rights or the rules in this Terms of Use, and our enforcement of our rights under this Terms of Use.

9. DATA PROCESSING

9.1 You should not submit any personal data to us without first reading our Privacy and Cookies Policy which explains how we process your personal data.

9.2 Like most websites, we also use cookies to help us understand how people are using the Website. Our use of cookies, and how to disable cookies, is explained in our Privacy and Cookies Policy.

9.3 By using the Website, you agree that we can process any personal data you provide to us in accordance with our Privacy and Cookies Policy. Do read them.

10. IMPOSSIBILITY OF PERFORMANCE

We shall be relieved of the obligations to perform our obligations under this Terms of Use to the extent that the performance thereof is prevented by events or circumstances beyond our reasonable control including, but not limited to, acts of God, riots or civil disorder, fire, flood, lightning, industrial dispute, war or military operations, labour disturbance, inclement weather, disease outbreaks and any acts or omissions of government, persons or bodies beyond our reasonable control.

11. GOVERNING LAW AND JURISDICTION

This Terms of Use shall be governed by and construed in accordance with the laws of Russian Federation and without regard to its conflict of law provisions. Disputes arising in connection with this Terms of Use shall be in Russian Federation.

12. MISCELLANEOUS

12.1 You may not assign, sub-license or otherwise transfer any of your rights or obligations under this Terms of Use. We may freely delegate and/or transfer our rights and obligations under this Terms of Use. This may occur, for example, when we hire others to help us run and operate the Website or when we reorganize or sell our Website.

12.2 If any provision of this Terms of Use is found by any court of competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions which shall continue to have full force and effect.

12.3 A person who is not a party to this Terms of Use shall have no right to enforce any terms or, to enjoy any benefit under this Terms of Use.

12.4 This Terms of Use (which includes the Privacy and Cookies Policy and any other terms that we may let you know about) is the entire agreement between you and us and replaces all previous terms. Any changes must be in writing.

12.5 If you break any of the rules in this Terms of Use, even if we do not take action against you when we find out about it, we can always still take action at a later time.

12.6 Headings are used to make it easy for us to refer to things. They don’t affect the interpretation of this Terms of Use.

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