Terms of Service & User Agreement

1. Welcome to ShoutProud^®

When you use our Websites, Products or Services, you are agreeing to our terms, so please carefully review this User Agreement because you are entering into a legally binding agreement.

This Agreement includes the User Agreement and the Privacy Policy, as well as the Terms of Service, and a description of some of the Features, Information and Processes that you may access or view as you use the ShoutProud^® system. We may amend the terms of the User Agreement for any or all of our Websites, Products or Services at any time. If you do not agree to this User Agreement, please do not create a ShoutProud^® profile or otherwise access any of our Websites, Products or Services.

Registered users of our Websites, Products or Services are considered to be "Members" and unregistered users or viewers are considered to be "Visitors." This Agreement applies to both Members and Visitors. At times in this agreement a reference is made to "Reviewers." Reviewers may be either a Member or a Visitor.

1.1 Our Mission

ShoutProud^® empowers our users to show their character as they grow their personal and professional reputations for a lifetime. We designed ShoutProud^® so that you can shout proudly to the world: This is - Who I Really Am℠.

1.2 Our System

ShoutProud^® is a patented system for reviewing and growing your character traits, and managing your personal and professional reputation profile - as well as reviewing the character traits and reputation profiles of other Members. You control your character, ShoutProud^® gives you control over your reputation.

In the ShoutProud^® system, you control who reviews you. You choose who to invite to review you. If someone requests to review you, you choose whether or not to let them.

We consider ShoutProud^® to be an evolution of social networking, an evolution we call Value Networking^®. Please keep in mind that an evolution to Value Networking^® - like any evolution - takes time and requires patience. This is especially relevant to certain features on ShoutProud^® such as the ShoutProud^® Character Score or the ShoutProud^® Surety Score. These elements will necessarily fluctuate, change and grow over time in response to ratings, reviews, comments and other content as well as to how you use the system. Feedback and analysis may not be immediate.

One of our primary goals of ShoutProud^® is to help people communicate with each other more meaningfully online. This makes following the User Agreement with our Terms of Services very important when using our Website, Products or Services.

2. ShoutProud^® Websites, Products and Services

ShoutProud^® provides you with the opportunity to review and rate your personal character traits. To do this, we ask you a few questions and provide you with tutorials and guidance in using our system. It is important to answer the questions honestly and understand the review process.

By accepting our terms, you are agreeing to follow the instructions and guidelines for yourself and for when you invite others to review you. Keep in mind that being straightforward with your review is the best way to go. It allows the system to work most effectively and efficiently.

2.1. Member Eligibility

In becoming a Member of ShoutProud^® and creating a profile, you agree to the following eligibility requirements:

You are legally eligible to enter into this Agreement.
You are at least 18 years of age.
You will create and maintain only one ShoutProud^® account profile in which you use your real, legal name and upload a current, recognizable photo of yourself.
You are not currently restricted in any way by ShoutProud^® from creating a profile and using our Websites, Products or Services.

2.2 Privacy and Security

When you use ShoutProud^® and post your profile, you may have several choices of how you would like to share your profile with Members and Visitors. By agreeing to these terms, you acknowledge that you understand these choices and how you are allowing Members and Visitors to view your information, reviews and ratings. When you publish content or information on the website, you understand that people will associate that information with you. We do our best to ensure your choices are followed, but we are not liable for any mistakes associated with those choices regardless of whether the mistakes are on your part or on our part.

You agree that we may access, store and use any content and information that you provide in accordance with the Terms of Services including our Privacy Policy.

2.3 Privacy Policy

We appreciate and respect your choosing to join us in this evolution. We also appreciate and respect your privacy. Here is how we try to balance the content and information you provide to us with your privacy.

We share your information only with your consent, as described in our User Agreement, tutorials and process descriptions. You consent when you accept our User Agreement, create a profile or make a review.
We use your information to deliver the functionality of our patented system of character trait reviews and reputation profiles within our Websites, Products and Services.
We share your information when we reasonably believe it is required by law to do so, and when we believe it is reasonably necessary to enforce our User Agreement or protect the rights of our Members and Visitors or the general public.
We utilize reasonable, industry-standard safeguards to protect your information, and may share your information with affiliates to do so.
We notify you of updates or modifications to our Privacy Policy. Your continuing use of our Websites, Products or Services after notification is accepted as your consent.

The content and information we may use and collect includes data related to membership registration, profile creation, self reviews and reviews of others. It also includes other content and information such as cookies, log files and IP addresses that may be collected as we deliver the functionality of our Websites, Products or Services.

ShoutProud^® processes information about you and the reviews you provide. Our system is designed to respond to this changing information, so profiles, content and information will necessarily fluctuate, change and grow over time in response to ratings, reviews, comments and other content as well as to how you use the system.

We are also consistently working to improve our systems and analytics to provide you with the most relevant and meaningful information and insights. That's why "evolution" is a key word for us - and it's why we appreciate your patience and understanding with the time it takes to customize and develop the information and insights we provide.

2.3 Safety and Security

We work hard to keep things safe and secure; however, when using our Websites, Products or Services, you understand and agree that there are no guaranties. You also understand that there are many things you can do to protect the security of the system, your profile and account, such as:

Create a strong password and do not give it out to anyone.
Keep your contact information accurate and up to date.
Do not create more than one profile or create a profile for someone else.
Do not use ShoutProud^® to post anything unlawful, offensive, pornographic, malicious, threatening or harassing.
Do not post unauthorized commercial communication or spam.
Do not collect Members or Visitors content or information by automated means without our prior expressed, written permission.
Do not do anything to interfere with or impair the functionality of our Website, Products or Services.
Do not encourage any violations of our policies or User Agreement.

3. Payment for Services

You agree to honor your payment obligations with us and allow us to store your payment information. You understand that there may be fees and taxes as a part of your payment obligations, and that they may be subject to foreign exchange fees or differences in prices based on your location.

3.1 Profile Verification Services

Our membership policy is one person, one profile. So we work consistently to verify and maintain our member profiles.

Currently, there are two verification methods when you sign up for a profile: a government document verification or credit card verification.

To verify your profile, you can email us a copy of your valid government identification, such as a driver's license. Or you can verify online through your PayPal credit card account.

The PayPal credit card verification method requires a verification service fee. This fee is non-refundable. It does not guarantee that your profile will be verified.

4. Notices and Messages from ShoutProud^®

We may use a variety of communication channels to provide you with notifications - including channels such as the website itself, email, telephone and mobile apps. You understand that if your contact information is not up to date, you may miss these notifications.

4.1 Interacting with Other Members and Visitors

You are responsible for the content and personal information you that you provide to us. By using our Websites, Products or Services, you grant us a non-exclusive license to use that content to provide you with our services. This non-exclusive license is a worldwide, transferable and sub-licensable right to use the content you provide in any current or future (yet to be invented) medium or technology. You agree that we may process, copy, modify, distribute, and publish the content that you provide through our Websites, Products or Services, without any further consent, notice and/or compensation to you or anyone else.

You understand and agree that honesty, truthfulness and clarity are essential and important elements of the content you provide us when you use our Websites, Products or Services. After all, ShoutProud^® Websites, Products or Services deal directly with your character.

You agree to only provide information and content that you have the legal right to provide and share. This means that the content you provide does not violate the law or anyone's rights such as intellectual property rights. You also agree that ShoutProud^® may be required by the law or international agreements to edit some content in certain countries.

4.2 Anniversary Reviews

Annually, on the anniversary of the profile creation date, self-review or invited review, ShoutProud^® Members and Reviewers will have the opportunity to update and reevaluate their self-review or invited review. In this anniversary review, you can choose to update or change your self-review or the invited review you have provided to another Member. You can also choose to leave this content and information "as is."

This Anniversary Review allows Members and Reviewers to consistently refresh their profiles and update their reviews for accuracy and candidness on a perpetual basis. This means that when you invite or give consent for someone to review you, they will have the opportunity to update that review on an annual and perpetual basis. Likewise, if you review another Member, you will have the opportunity to update that review on an annual and perpetual basis.

4.3 Dormancy

You may be able to temporarily place your account into dormancy. This means that your current profile, content and information will be maintained and visible in an inactive state; however, you understand and agree that dormancy may affect your ShoutProud^® review or ratings in the future should you reactivate an account. You also understand and agree that the profile, content and information you have provided or shared with other Members or Visitors will remain active and will not be deleted or terminated while your account is dormant.

You understand and agree that ShoutProud^® Members or Visitors may utilize, backup or store the profile, content or information you have provided or shared, and that placing your account into dormancy does not dismiss reliance on that information. Dormancy may not be immediate and content you have provided may remain in the system perpetually. Dormancy does not engender any refunds or dismissal of any fees.

4.4 Termination

You can terminate the active maintenance of your profile by closing your account. You understand and agree that termination may affect your ShoutProud^® review or ratings in the future should you decide to reopen an account. You also understand and agree that the profile, content and information you have provided or shared with other Members or Visitors will remain active and may not be deleted or terminated even if the account is terminated.

You understand and agree that ShoutProud^® Members or Visitors may utilize, backup or store profile, content or information you have provided or shared, and that closing your account does not dismiss reliance on that information. Termination may not be immediate and content you have provided may remain in the system perpetually. Termination does not engender any refunds, but does terminate any future fees.

4.5 Advertising and Content

ShoutProud^® may use your content in our advertisements or marketing without your separate consent. We maintain the right to deliver advertisements or marketing near your profile, content or information without compensation to you or others. You understand and agree that your profile, content or information may be visible to Members or Visitors. ShoutProud^® will not use your profile, content or information in advertisements or marketing for the products and services of others without your separate consent.

You understand and agree that Members or Visitors may access and share your profile, content or information in a variety of ways, and that Members or Visitors may make a variety of decisions based on your profile, content or information. You understand that these decisions may or may not depend on how you have chosen to share your profile, content and information with Members or Visitors.

You have the right to make your ShoutProud^® profile, content and information available to others as you choose in the advertisement or marketing of your personal or professional services or business, including under the terms of a Creative Commons license.

5. Intellectual Property

ShoutProud^® reserves all of our intellectual property rights including logos, patents, trademarks and copyrights across all our platforms. Other logos, patents, trademarks or copyrights used in connection with our Websites, Products or Services may be the intellectual property of their respective owners.

5.1 Feedback

By submitting suggestions or other feedback regarding our Websites, Products or Services, you agree that ShoutProud^® can use and share such feedback for any purpose without compensation to you. You also agree that ShoutProud^® is under no obligation to share feedback as well.

6. Service Changes and Limitations

ShoutProud^® may change or discontinue any elements of our Websites, Product or Services at any time. We cannot guarantee to store or display any content or information you have posted. We may modify prices prospectively at our discretion. Any changes may be effective upon notice provided through any of the aforementioned channels.

You agree that ShoutProud^® has no obligation to store, maintain or provide Members or Visitors with a copy of any profile, content or information that you or others provide. You agree that ShoutProud^® is not obligated to publish your profile, content or information on our Websites, Products or Services and that we can remove any content in our sole discretion, with or without notice. We maintain the right to limit connections and interactions with our Websites, Products and Services.

7. Shout Proud^® Content and Features of Third Parties

When you view or use others' content or information contained within our Websites, Products or Services, you agree that it is at your own risk. Because ShoutProud^® utilizes the opinions of third-parties, which include Members, Visitors and Reviewers, as they relate to other users of ShoutProud^® Websites, Products and Services, the views, opinions and positions expressed by these third-parties, and those providing additional comments on ShoutProud^®.com, are theirs alone. They do not necessarily reflect the views, opinions or positions of ShoutProud^® LLC or any employee thereof. ShoutProud^® LLC makes no representations as to accuracy, completeness, timeliness, suitability or validity of any information presented by these third-parties on ShoutProud^®.com, and will not be liable for any errors, omissions, or delays in this information or any losses, injuries or damages arising from its display or use.

7.1 Third Parties' Products and Services

Third parties may offer their own products or services through ShoutProud^®, but we are not responsible for any third party activities. By using our Websites, Products or Services, you may encounter content or information that might be inaccurate, incomplete, misleading, illegal, offensive or otherwise harmful. You agree that we are not responsible or liable for third parties', Members', Visitors' or Reviewers' content or information or for any damages that may result by your using or viewing of such content or information.

You agree that you assume responsibility for deciding to access or use third party websites, apps, products or services that link from our Websites, Products or Services. If you allow a third party app or site to authenticate you or connect with your ShoutProud^® account, that third party can access information on our Websites, Products or Services related to you and other Members and Visitors. Third party apps and sites have their own legal terms and privacy policies, and you may be giving others permission to use your content or information in a manner that ShoutProud^® would not. You agree that ShoutProud^® is not responsible for these third parties and that you use third party services at your own risk.

7.2 Sole Discretion

At ShoutProud^® we reserve the right to delete, edit, or alter in any manner we see fit comments of third parties that we, in our sole discretion, deem to be obscene, offensive, defamatory, threatening, in violation of trademark, copyright or other laws, of an express commercial nature, or otherwise unacceptable.

Although we may include links providing direct access to other internet resources, including third party websites, ShoutProud^® is not responsible for the accuracy or content of information contained in these third party websites.

7.3 No Endorsements of Third Party Links

From ShoutProud^® Websites, Products and Services you may be able to visit other websites by following hyperlinks to these sites. ShoutProud^® has no control over the content and nature of these sites, and the links to other websites do not imply a recommendation for all the content found on these sites. Links from ShoutProud^® Websites, Products and Services to third party websites do not constitute an endorsement by ShoutProud^® LLC or their products and services. The appearance of advertisements and product or service information on ShoutProud^® Websites, Products or Services does not constitute an endorsement by ShoutProud^® LLC, and ShoutProud^® LLC has not necessarily investigated the claims made by any advertiser. Product information is based solely on material received from third parties. Be aware that when you leave ShoutProud^®.com, other sites may have different privacy policies and terms which are beyond our control.

8. No Warranty and Disclaimers of Liability

ShoutProud^® LLC is not responsible for, and expressly disclaims all liability for, damages of any kind arising out of use, reference to, or reliance on any information contained within our Websites, Products or Services. No guarantee is given that the information provided on ShoutProud.com or within any of our Websites, Products or Services is correct, complete, and up-to-date.

All the information on ShoutProud^®.com is published in good faith and for general information purposes only. ShoutProud^® LLC does not make any warranties about the completeness, reliability and accuracy of this information. Any action taken upon the information on ShoutProud^® Websites, Products or Services is strictly at the user's own risk, and ShoutProud^® LLC will not be liable for any losses and damages in connection with the use of ShoutProud^® Websites, Products or Services.

To the extent allowed under law, ShoutProud^® LLC, and those that ShoutProud^® LLC works with to provide the websites, products and services:

Disclaim all implied warranties and representations - including warranties of fitness, accuracy and non-infringement;
Do not guarantee that the websites, products or services will function without interruption or errors;
Provide the websites, products or services - including profiles, content and information - on an "as is" and "as available" basis.

To the extent permitted under law, ShoutProud^® LLC, and those that ShoutProud^® LLC works with to provide the websites, products and services, shall not be liable to you or others for any indirect, incidental, special, consequential or punitive damages, or any losses of data, opportunities, reputation, profits or revenues, related to the services - including defamatory statements and changes to your profile, information or content.

In no event shall the liability of ShoutProud^® LLC, and those that ShoutProud^® LLC works with to provide the websites, products and services, exceed, in the aggregate for all claims, an amount that is three times the most recent yearly fee, if any, or $25 U.S. dollars, whichever is the lesser amount.

This limitation of liability is part of the basis of the agreement between you and ShoutProud^® LLC and shall apply to all claims of liability - including warranty, tort, negligence, contracts, and law. This limitation of liability shall apply even if ShoutProud^® LLC has been told of the possibility of any such damage, and even if any remedies fail.

9. Dispute Resolution

In the unlikely event we end up in a legal dispute, we both agree that it will take place in New York courts, applying New York law. We both agree that all of these claims can only be litigated in the federal or state courts of the United States, and we each agree to personal jurisdiction in those courts.

If a court with authority over this Agreement finds any part of it not enforceable, you and we agree that the court should amend the terms to make that part enforceable while still achieving its intent. If the court cannot do that, you and we agree to ask the court to remove that unenforceable part and still enforce the rest of this Agreement.

This Agreement including additional terms that may be provided by us when you interact with any of our Websites, Products or Services is the only agreement between us regarding ShoutProud^® LLC Websites, Products or Services and supersedes all prior agreements.

If we do not act to enforce a breach of this Agreement, that does not mean that ShoutProud^® LLC has waived its right to enforce this Agreement.

You may not assign or transfer this Agreement, or your membership or use of our Websites, Products or Services to anyone without our consent. You agree that ShoutProud^® LLC may assign this Agreement to its affiliates or a party that buys it without your consent. There are no third party beneficiaries to this Agreement.

We reserve the right to change the terms of this User Agreement and will provide you with notice if we do, and we agree that changes cannot be retroactive. If you don't agree to any future changes, however, you must stop using our Websites, Products or Services.

10. How To Contact Us

For questions and instructions, please review our FAQ's and tutorials.
For other questions and Customer Service, please email: Customer Service
For Technical Issues, please email: Tech Support