Terms & Conditions
This Agreement is a legal document which sets out your rights and obligations, and
those of Shout Safe, a service provided by Blackwave. Blackwave is a company registered
in England under registration no. From this point Blackwave will be referred to
as "Blackwave", "we" or "us".
You must take the time to read and understand it before registering or using Shout Safe.
By registering, you accept that you are entering into a contract with us on the
terms of this Agreement. Visitors to Shout Safe who do not register to become users
affirm that they are bound by this Agreement each time they access Shout Safe. You
should be aware that this Agreement may change from time to time.
2 Types of Users
People who register with Shout Safe become Registered Users. People who do not register
with Shout Safe become Unregistered Users.
Unregistered Users may:
- access all the public parts of the website: including the incidents, public blogs,
news and notice board sections; - post messages on the notice board, but must adhere
to the rules for the notice board as specified in these terms;
Registered Users may:
- access all the public parts, as well as the registered members sections of the
- manage their accounts
- create and send messages to contacts
- access friend's details
- add blog entries Registered User accounts will not lapse or be deactivated unless
the User explicitly requests to have their account removed.
You undertake to register on Shout Safe using accurate and current information about
yourself - including your correct name, email and any other requested details.
Shout Safe does not charge fees for the use of its service.Exceptions are:
(i) Users can send SMS messages from within Shout Safe. The cost associated with sending SMS
messages, is passed onto the User. The costs can be found in the price sheet and
will be taken from the User's Shout Safe account. Money can be deposited into a User's
account from PayPal. Any outstanding balance will be refunded to the User when the
User closes his/her account. Should an account be closed due to a breach of the
terms, the balance may be refunded at the discretion of Shout Safe.
(ii) A fee of £1,000 is charged for every instance of advertising posted on Shout Safe without
explicit permission from Shout Safe.
5 Advertising and SPAM.
You agree not to post any advertising or SPAM on Shout Safe without explicit permission from us. This specifically
applies to the Notice Board and Blog sections of the website. Any advertising will
be removed from ShoutSave and you will be charged £1,000 for each instance posted.
Your account will also be closed and you will no longer be allowed to use Shout Safe.
6 Shout Safe's Role.
You, whether you are a Registered User or an UnRegistered User,
acknowledge that we are not and cannot be responsible for the behaviour of Users
- whether on Shout Safe or outside of it. We only provide a venue where the Shout Safe
may be accessed. In particular, you should be aware that Shout Safe does not generally
pre-screen or monitor the material contributed by Users.
7 Operation of Shout Safe.
Shout Safe reserves the right to withdraw or modify aspects of Shout Safe, or the
entirety of it, where we have legal or commercial reasons to do so. There may also
be times when Shout Safe becomes inaccessible as a result of technical difficulties
experienced by Shout Safe or on the Internet; we will, however, use reasonable skill
and care to overcome these difficulties where they are within our control. For security
or other reasons, we may require you to change password or other information which
facilitates access to the Shout Safe.
consent to the way we may handle your personal data as detailed in that policy.
Given the global nature of the World Wide Web, any posting on Shout Safe (including
any which contain personal information) is, of course, accessible to Internet users
around the world.
9 Misuse of Shout Safe.
We reserve the right (a) to suspend or
terminate any User's access to Shout Safe, or parts of it, and/or (b) to remove,
or require the User to remove, material posted on Shout Safe, if the relevant User
or material appears to us, or to a complainant, to be in breach of any provision
of this Agreement. Any person whose access has been suspended or terminated must
not re-register for, or re-access, Shout Safe without our prior consent. You are
responsible for everything which is done on or through Shout Safe while your User
account is logged on to Shout Safe. In addition, we reserve the right to suspend
or terminate any User's access to Shout Safe, or parts of it, if the relevant User
is abusive, discriminatory or threatening, or harasses or communicates offensive
messages to another User or 3rd party, whether or not through the Shout Safe. For
completeness, where we reserve a right in this Agreement, it does not mean we will
be obliged to exercise it. Also, given the open-access nature of Shout Safe, we cannot
prevent determined people whose User account has been suspended or terminated from
re-accessing or re-registering as Users, in breach of their obligations under this
You are responsible for ensuring that no material you post, or which is posted through a machine on which you access the Shout Safe, nor
any activity or communication you make in connection with any Shout Safe, will be
capable of (a) infringing the intellectual property or other rights of any person
or entity, (b) breaching any applicable law, whether criminal, tortious or otherwise,
or (c) appearing to be offensive, threatening, abusive, discriminatory, obscene,
pornographic, false, libelous, defamatory, unreliable or misleading.
11 Withdrawal of material and Termination of User accounts.
Users acknowledges that we are entitled
to withdraw any material on Shout Safe which appears, whether based on information
received from Users or others or our own determination, to be capable of breaching
any part of this Agreement, or to bring the Shout Safe into disrepute. However, each
user acknowledges that we do not generally monitor material which appears on Shout Safe,
and that we are reliant upon you and all users to notify us of anything you see
here which appears likely to breach this Agreement.
12 Alerting Shout Safe.
If you see anything on Shout Safe which appears to infringe this Agreement, then please
contact us to inform us of it by emailing us . We do not generally monitor material
contributed by Users before it is placed on Shout Safe, and so we are reliant upon
users to point out any which infringes this Agreement.
Shout Safe is intended to be used by its Users for the purposes referred to within this document.
Users must not: - place material on, or otherwise use, the Shout Safe for any business
or commercial purpose; or - use your access to the Shout Safe, or information gathered
from it, for the sending of unsolicited bulk email or SPAM.
14 Intellectual Property.
You acknowledge that all copyright, trade marks, and other intellectual property
rights in and relating to Shout Safe (including the material which is contributed
by Users) are owned by Shout Safe. No-one may copy, distribute, show in public or
create any derivative work from the Shout Safe, or any of the material which is found
on Shout Safe unless properly licensed to do so by us. By submitting any material
to the content to Shout Safe, you: - are representing that you are fully entitled
to do so; - grant us a non-exclusive, royalty-free, non-terminable licence to copy,
modify, distribute, show in public and create derivative works from that material
in any form, anywhere; and - authorise us to adapt the relevant material in the
course of doing so, and so waive your moral rights to object to any derogatory treatment,
or to be identified as the author, of the material in question.
15 Disclaimer and Release.
Shout Safe has no control over or responsibility for the truth or accuracy
of any material available on Shout Safe, whether provided by Users or others. - If
any third party sites are linked to from the Shout Safe, this does not mean that
we endorse or have any responsibility for the site in question or anything which
appears on it.
- You should exercise no lesser degree of caution in appraising what
you see on the Shout Safe than you do offline.
- Even though Users are prohibited from doing so, people may provide information, or otherwise behave, in a way that
is unreliable, misleading or even illegal. Further, you should note that people
may not necessarily be who they say they are.
- Your use of the Shout Safe is entirely
at your own risk. Accordingly, to the extent that the law permits, you release Shout Safe
its directors, contractors and employees from all liability (including in relation
to disputes with other Members) arising out of your use of a third party site or
arising out of or in connection with the Shout Safe and the material included here
by Users and other third parties.
16 Excluded loss.
We will not be liable to you or any third party for any loss not reasonably foreseeable by us when this Agreement
commences, for any indirect or consequential loss or damage, or for any loss of
data, profit, revenue or business, howsoever caused (whether arising out of any
negligence or breach of this Agreement or otherwise). Shout Safe will also not be
liable for any failure to perform of its obligations under this Agreement caused
by matters beyond its reasonable control.
17 Maximum liability.
Without limiting the preceding Clause, the aggregate liability of Shout Safe under this Agreement
(whether arising in negligence or otherwise) will not under any circumstances exceed
an amount equal to the sums paid by you to us under this Agreement during the period
prior to the date when liability arises.
18 Non-excluded Liabilities.
Nothing in this Agreement limits Shout Safe's liability for death or personal injury resulting
from our negligence, or any other liability which may not by law be excluded. Any
statutory rights you may have as a consumer remain unaffected.
19 Indemnity. You agree to indemnify us against all liabilities, claims and expenses that may arise
from any breach of this Agreement by you or through a machine on which you access
20 Changes to this Agreement.
Shout Safe reserves the right to change
the Agreement with its Users from time to time, and post the new version on Shout Safe.
When we do so, we will post the new Agreement the website www.Shout Safe.com. This
Agreement, and any new version of it in the future, takes effect immediately.
In the event that any term of this Agreement is held to be invalid
or unenforceable by judicial decree or decision, the remainder of this Agreement
shall remain valid and enforceable.
22 Entire Agreement.
and you concerning Shout Safe and they replace all earlier agreements and understandings
with you, except for any fraud or fraudulent representation by either of us. A person
who is not a party to this Agreement has no right under the Contracts (Rights of
Third Parties) Act 1999 to rely upon or enforce any term of this Agreement.
23 Keeping this Agreement.
Please make a durable copy of this Agreement by printing and/or
saving a downloaded copy on your own computer. We don't separately file the individual
Agreements entered into by members when they register with Shout Safe. You can access
it at www.Shout Safe.com.
We reserve the right to assign this Agreement,
and to assign or subcontract any or all of our rights and obligations under this
Agreement. You may not without the written consent of Shout Safe assign or dispose
of this Agreement.
This Agreement shall be governed by and construed in
accordance with the laws of England and Wales . 26 Contact. You can contact us by
post at Suite 3, 11 Queen's Gate Place, London SW7 5NX, UK. Please make sure you
include your email address with all correspondence.