Terms of Use

TroutShout.com is a social networking service as well as a web publishing service that allows Members to create unique personal profiles and blogs online, create albums, and participate in reviews and forums. The services offered by TroutShout.com ("TroutShout.com" or "we") include the TroutShout.com website, the TroutShout.com site mail service, and any other features, content, or applications offered from time to time by TroutShout.com.

The materials contained on the Web site are provided by TroutShout as a service to you for your noncommercial, personal use on an "as is, as available" basis and may be used by you for informational purposes only. You acknowledge that you are using the Web site at your own risk. TroutShout assumes no responsibility for error or omissions in these materials. TroutShout makes no commitment to update the information contained herein. TroutShout makes no, and expressly disclaims any and all, representations or warranties, express or implied, regarding the TroutShout.com Web site, including without limitation the accuracy, completeness, or reliability of text, graphics, links, products and services, and other items accessed from or via the Web site, or that the Web site will be uninterrupted, error-free, or free of viruses or other harmful components. No advice or information given by TroutShout or its Members or any other party on the Web site shall create any warranty or liability. TroutShout does not warrant or make any representations regarding the use or the results of the use of the materials at the Web site in terms of their correctness, accuracy, timeliness, reliability, or otherwise. Under no circumstances shall TroutShout or any of its parents, subsidiaries, affiliates, or their respective partners, officers, directors, employees, or agents be held liable for any damages, whether direct, incidental, indirect, special, or consequential, and including, without limitation, lost revenues or lost profits, arising from or in connection with your use, reliance on, or performance of the information on the Web site. TroutShout periodically schedules system downtime for maintenance and other purposes. Unplanned outages also may occur. TroutShout shall have no liability for the resulting unavailability of the Web site or for any loss of data or transactions caused by planned or unplanned system outages, or any outages of webhost providers or the Internet infrastructure and network external to the Web site.

This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the TroutShout.com Services. By using the TroutShout.com Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the TroutShout Website) or you are a "Member" (which means that you have registered with TroutShout.com). The term "User" refers to a Visitor or a Member. You are only authorized to use the TroutShout Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. If you wish to become a Member, communicate with other Members and make use of the TroutShout Services, you must read this Agreement and indicate your acceptance during the Registration process.

Please choose carefully the information you post on TroutShout.com and that you provide to other Users. Your TroutShout.com profile may not include the following items: telephone numbers, street addresses, last names, or any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter.
TroutShout reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the TroutShout Services at any time, for any or no reason, with or without prior notice, and without liability. TroutShout expressly reserves the right to remove your profile and/or restrict, suspend, or terminate your access to any part of TroutShout Services if TroutShout determines, in its sole discretion, that you pose a threat to TroutShout and/or its Users.
The TroutShout Services are for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by TroutShout.

Copyright

All materials published on the Web site are protected by copyright laws, and may not be reproduced, republished, distributed, transmitted, resold, displayed, broadcast, or otherwise exploited in any manner without the express written permission of TroutShout.


User Generated Content

TroutShout, through its online member forums, user profiles, and blogs provide users an opportunity to post content to the Web site. TroutShout does not necessarily endorse, support, sanction, encourage, or agree with content posted by users. You understand that all information, data, text, photographs, video, messages, or other materials posted or transmitted in a TroutShout.com forum, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such content originated. This means that you, and not TroutShout, are entirely and solely responsible for all content that you upload, post, or otherwise transmit via the Web site. TroutShout does not and cannot review all of the content posted by users and is not responsible for such content. However, TroutShout shall have the right, but not the obligation, to delete, move, or edit any content that violates this agreement or is otherwise objectionable as determined by TroutShout in its sole discretion and without notice.

If you upload, post, or otherwise transmit content to the Web site, you acknowledge that any such submissions may be edited, removed, modified, published, transmitted, and displayed by TroutShout in any medium now existing or hereinafter invented, and for any purpose, including commercial uses. You waive any moral rights you may have in having the material edited, removed, modified, published, transmitted, or displayed in a manner not agreeable to you. You agree to indemnify TroutShout and its parents, subsidiaries, and affiliates, and each of their respective partners, officers, directors, employees, and agents, against, and to hold each of them harmless from, any and all claims and liabilities (including attorney's fees) that may arise from your submissions, from your unauthorized use of material obtained from the Web site, from your breach of these Terms of Use, and from any such acts arising through your use of the Web site.
You are solely responsible for your interactions with other TroutShout.com Members. TroutShout.com reserves the right, but has no obligation, to monitor disputes between you and other Members.

Featured Services

TroutShout is committed to providing visitors and members to its site with as many features as possible. The companies that TroutShout selects as featured services providers offer products and services that site visitors may find useful. TroutShout in certain cases may have a business relationship with certain third parties that it selects as a featured service providers. TroutShout is not responsible for the accuracy or reliability of any advice or information given, or of any statement made, by the companies providing featured services, or for the content, services, products, or advertising on or available from their Web sites, or for the availability and operations of their Web sites.


Jurisdiction

You agree that any claim, action, or proceeding arising out of these Terms of Use, or your use of the Web site, shall be governed by and construed in accordance with the laws of the State of Colorado applicable to contracts to be wholly performed therein, and any action based on or alleging a breach of this Agreement must be brought in a state or federal court in Colorado. In addition, you agree to submit to the personal jurisdiction of such courts.