Updated Terms & Conditions – LouddMouth.com March 15, 2020
These Terms & Conditions (“T&C”), as may be modified or amended periodically by us, govern your access to and use of any of the LouddMouth digital properties, including LouddMouth websites, mobile applications , and aspects of your interaction with our branded and controlled pages or accounts on certain third-party social media sites and apps (to which third-party terms may also apply) (collectively, the “The LouddMouth Network Branded Sites”), as well as any use by you of the interactive business search and other related services we provide to consumers via LouddMouth Sites (“Consumer Service”), and/or the business listing or profile management and reporting access we provide on our LouddMouth Sites for business owners/operators or their authorized agents (“LouddMouth Network for Business”, and together with the Consumer Services, the “Service(s)”). This T&C is a legally binding agreement by and between you, personally and, if applicable, on behalf of the entity for whom you are using any of the LouddMouth Network Sites or Services (collectively, “you” or “your”), and LouddMouth.com, successor in interest to LouddMouth Marketing & Entertainment Group Inc. (LMEG) and LouddMouth Network, which is the provider of the LouddMouth Sites and Services (“LouddMouth, LouddMouth Network” or “LMEG, Inc.”, “we”, “us”, “our”), so please read it carefully.
This T&C governs your access and use of the LouddMouth Site/Services on or after March 15, 2020 (“Effective Date”). BY ACCESSING OR USING ANY PART OF THE LOUDDMOUTH SITES OR SERVICES, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THIS TOU, WHICH CONTAINS A WAIVER OF JURY TRIAL AND CLASS-ACTION RIGHTS AND LIABILITY LIMITATIONS. IF YOU DO NOT AGREE TO BE SO BOUND, YOU MAY NOT ACCESS OR USE ANY LOUDDMOUTH SITES/SERVICES. UNLESS OTHERWISE EXPRESSLY STATED, LOUDDMOUTH MARKETING & ENTERTAINMENT GROUP, INC. DISCLAIMS ANY AND ALL WARRANTIES WHETHER PROVIDED BY LMEG, INC., ITS AFFILIATES, OR ITS RESPECTIVE EMPLOYEES AND AGENTS.
The LouddMouth Sites and Search Results. The LouddMouth Sites and the Services allow users to, among other things, search for, find and compare businesses, as well as products and services offered by those businesses. The LouddMouth Sites may display paid business listings, advertisements or other sponsored information. When sponsored information is commingled with general, unpaid search results, the sponsored results shall be identified in such a way as to permit consumer users to distinguish between these two categories of information. Sponsored listings or other advertisements may also be given priority in display over unpaid listings.
Eligibility. To use the LouddMouth Network Sites/Services, you must be, and represent and warrant that you are, of legal age (18 years and over) and of legal competence to enter into a binding agreement, and are not otherwise prohibited from using or receiving the LouddMouth Sites/Services in accordance with this T&C. By using the LouddMouth Sites/Services on behalf of any third party or business entity you are representing to us that you are an authorized representative of that third party or business entity and that your use of the LouddMouth Sites/Services constitutes their acceptance of this T&C.
Additional Terms. LouddMouth (LMEG, Inc.) provides a wide variety of services to both consumers and business users, including those that are paid, advertisers. Some services and/or paid advertising are subject to additional or separate terms, which are listed below and/or presented to you when you use or contract for such services. If there is a conflict between this T&C and the additional or separate terms for a particular service, the additional or separate terms will control for that service and the provisions of this T&C will govern for your use of or access to our LouddMouth Sites/Services outside the context of the separate service. You may not use any of those services unless you agree to the applicable additional or separate terms. Links to certain additional or separate terms follow:
Nature of Services. In relation to the LouddMouth Sites, LMEG, Inc. provides sites and services that are, unless otherwise expressly stated, advertising sites and services. The LouddMouth Sites display advertising on behalf of businesses and we rely upon those businesses for the accuracy, completeness and honesty of that advertising. Under no circumstances does LouddMouth.com, LouddMouth Network, LMEG Inc. endorse and/or have any other undisclosed connection with the businesses that advertise with us.
Changes to Terms. We may periodically modify and supplement these T&C, with or without notice to you. You are responsible for regularly checking these T&C for revisions, which will apply to your access on or after their listed Effective Date.
Grant of Rights/Restrictions on Use of Data. Subject to your compliance with the terms and conditions of this T&C, we grant you a limited, non-exclusive right to use the LouddMouth Sites/Services, and any content and materials made available to you in connection with your use of the LouddMouth Sites/Services, only for your individual, non-commercial, informational purposes and for such other purposes (and subject to such further limitations) as may be provided in this T&C (including any additional terms applicable to a particular Service) or any instructions for use that we may provide from time to time (such as API Terms, where available). Data Mining/Scraping and Framing Prohibited. You may not use bots, scrapers, crawlers, spiders, or any similar methods, processes, or tools to “data mine” or otherwise gather or extract data from the LouddMouth Sites, and you may not frame or proxy the LouddMouth Sites or utilize any other techniques to re-display the LouddMouth Sites (or any content on the LouddMouth Sites) without LMEG, Inc.’s prior express consent, which consent, if given, may be withdrawn by us at any time, with or without notice, in our sole discretion.
Termination. You may stop using the LouddMouth Sites/Services at any time, except to the extent you agree otherwise in the use of particular Services offered on a subscription or similar basis. All subscriber member fees are non-refundable. We may terminate your access to the Services in whole or in part if we reasonably believe you have breached this T&C, or any other related terms, guidelines or policies. Following termination, you will not be permitted to use the LouddMouth Sites/Services. If your access to the LouddMouth Sites/Services is terminated, we may exercise whatever means it deems necessary to prevent unauthorized access to the LouddMouth Sites/Services, including, but not limited to, technological barriers, IP mapping, and direct contact with your Internet service provider. This T&C will survive indefinitely unless and until we choose to terminate it, regardless of whether any account you open is terminated by you or us or whether or not you continue to use or continue to have the right to use the LouddMouth Sites/Services.
Intellectual Property Rights.
Prohibited Conduct. You may use the LouddMouth Sites/Services any materials or content made available to you in connection with your use of the LouddMouth Sites/Services only as expressly permitted by this T&C and only in a manner that does not interfere with LMEG, Inc.’s right or ability to provide the LouddMouth Sites/Services or any third party’s right or ability to use or enjoy the LouddMouth Sites/Services. Without limitation, you may not:
Changes. LMEG, Inc. may change or discontinue any of the LouddMouth Sites/Services at any time without notice or liability to you or any third party.
Your Content. Some of the LouddMouth Sites/Services allow you to submit or generate content. If you submit or generate content, you must comply with the LouddMouth Sites’ User- Provided Content Guidelines. To the extent you have any intellectual property rights in such content, you will retain those rights subject to the grant of license in this Section. By uploading, posting or otherwise submitting content in connection with your use of the LouddMouth Sites/Services, you grant LMEG, Inc. (and its affiliates, distributors, and other contractors it may designate in its discretion) a non-exclusive, worldwide, perpetual, royalty-free, non-terminable, transferable, license, with the right to sublicense through multiple tiers, to use, distribute, reproduce, create derivative works of, publicly perform, publicly display and transmit such content for any purpose without any compensation, attribution, or other obligation to you. You agree not to submit content unless you have the right to grant this license for such content.
Feedback. If you submit ideas, suggestions or anything else about the LouddMouth Sites/Services (such as ways to improve the LouddMouth Sites/Services) to us, you agree that we can use or publish that feedback for any reason, without payment or other compensation to you, forever and throughout the world. You agree not to submit any feedback to us in which you do not wish to grant such rights.
Third Party Content. The LouddMouth Sites may provide access to third-party content, such as user-provided reviews, other content submitted by users of the LouddMouth Sites/Services, content obtained from non-user third parties, and links to third-party websites. LMEG, Inc. does not, unless otherwise provided: (i) undertake any obligation to review, screen, or investigate materials or other information submitted or otherwise provided by third parties (including other users) in connection with the LouddMouth Sites/Services; (ii) undertake any obligation to review, screen, or investigate third parties who provide links to their websites (or the websites of other third parties) or the content of any such websites; or (iii) endorse any positions, ideas, ideologies, concepts, or opinions contained in such third-party content. LMEG, Inc. is not responsible for any third party materials or other information, including whether the information is accurate or suitable or available for your use, for the performance or operation of any third party website, for any products or services advertised or sold by any third party (including on or through a third party’s website), or for any other action or inaction by any third party. Your use of any such third party websites will be subject to those terms to which you and the third party agree. LMEG, Inc. will have the right to delete or modify any third-party content in its sole discretion. You assume all risks arising out of or resulting from your transaction of business over the Internet, and you agree that LMEG, Inc. is not responsible or liable for any loss or damage resulting from your use of third-party content, websites, or services.
Objectionable Content. If you become aware of any objectionable third-party content, you may contact our Customer Service department at firstname.lastname@example.org to report it. We will address such requests if and to the extent we deem appropriate, in our sole discretion.
Third-Party Intellectual Property Policy (including DMCA). LMEG, Inc. respects the rights of others. If you believe any content published on or available through the LouddMouth Sites/Services infringes your rights, you must submit a complaint per our Third Party Intellectual Property Policy.
DISCLAIMER OF WARRANTIES. THE LOUDDMOUTH SITES AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. LMEG, INC. DOES NOT REPRESENT OR WARRANT THAT THE YP SITES OR SERVICES, THEIR USE, ANY INFORMATION PROVIDED IN CONNECTION THEREWITH: WILL BE UNINTERRUPTED OR SECURE; WILL BE FREE OF DEFECTS, DELAYS, INACCURACIES OR ERRORS; WILL MEET YOUR REQUIREMENTS; OR WILL OPERATE IN THE CONFIGURATION OR WITH HARDWARE OR SOFTWARE YOU USE. LMEG, INC. MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THIS T&C, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT. LMEG, INC. MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY THIRD PARTY MATERIALS, INFORMATION, GOODS, OR SERVICES, WHETHER RECEIVED OR ACCESSED VIA ANY LINKS PROVIDED BY OR IN CONNECTION WITH THE SERVICES OR OTHERWISE, AND MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY GOODS OR SERVICES WHICH MAY BE PURCHASED OR OBTAINED FROM US OR ANY THIRD PARTY AS A RESULT OF USING THE SERVICES.
EXCLUSION OF DAMAGES. LMEG INC. WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THE SERVICES OR THE LOUDDMOUTH SITES, REGARDLESS OF THE CAUSE OF ACTION ON WHICH THEY ARE BASED, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OCCURRING, INCLUDING WITHOUT LIMITATION, THE COST OF ANY GOODS OR SERVICES WHICH MAY BE PURCHASED OR OBTAINED AS A RESULT OF USING THE SERVICES.
LIMITATION OF LIABILITY. IN NO EVENT WILL THE AGGREGATE LIABILITY OF LOUDDMOUTH, INC. ARISING FROM, RELATING TO, OR IN CONNECTION WITH THIS TOU OR THE SERVICES EXCEED THE GREATER OF:
STATE LAW RIGHTS. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. AS SUCH, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. UNLESS LIMITED OR MODIFIED BY APPLICABLE LAW, THE FOREGOING DISCLAIMERS, EXCLUSIONS AND LIMITATIONS APPLY, EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Indemnity. You agree to indemnify, defend and hold LMEG, Inc. and its employees, representatives, agents, attorneys, affiliates, directors, officers, members, managers and shareholders (“Indemnified Parties”) harmless from any damage, loss, cost or expense (including without limitation, attorneys’ fees and costs) incurred in connection with any third party claim, demand or action (“Claim”) brought or asserted against any of the Indemnified Parties: (i) alleging facts or circumstances that would constitute a breach by you of any provision of this T&C or (ii) arising from, related to, or connected with your use of the LouddMouth Sites/Services. If you are obligated to provide indemnification pursuant to this provision, you may not settle compromise or in any other manner dispose of any Claim against the Indemnified Parties without the written consent of the Indemnified Parties.
Governing Law/Venue/Waiver of Jury Trial/Waiver of Class Action. You agree that this T&C and any dispute arising in connection with your use or our provision of the LouddMouth Sites/Services will be governed by and construed in accordance with, Georgia law without reference to the laws relating to conflicts of laws. Exclusive venue and jurisdiction for all claims and disputes that are not subject to Informal Dispute Resolution pursuant to Section 6.3, shall be in the state and federal courts located in Fulton County, Georgia and you hereby consent and submit to the exclusive jurisdiction and venue of those courts and waive any defenses or objections based on the jurisdiction, venue, or convenience of these exclusive venues. In any legal proceeding relating to this T&C or your use or our provision of the LouddMouth Sites/Service, the parties agree to waive any right they may have to participate in any class, group, or representative proceeding and to waive any right they may have to a trial by jury.
Informal Resolution and Small Claims Court. If you have any dispute with us or any related third party, arising out of, relating to, or connected with the LouddMouth Sites/Services, you agree to contact our customer service department; provide a brief, written description of the dispute and your contact information (including your username, if your dispute relates to an account); and give us 30 days within which to resolve the dispute to your satisfaction. Any dispute may, at the option of the claiming party, be resolved in small claims court in Fulton County, Georgia, provided that all claims by all parties in the dispute fall within the jurisdiction of the small claims court, but must first be submitted to the informal resolution process set forth in this Section 6.2.
6.3Exceptions to Applicability of Section 6 Terms. The terms of this Section 6 will apply to all disputes that may arise out of, are connected with or relate to this T&C or the LouddMouth Sites/Services, subject only to the following exceptions: (a) if we reasonably believe that you have in any manner acted or failed to act in any manner that may cause irreparable or costly harm to the LouddMouth Sites/Service, LMEG, Inc. or any third party or third-party property, then we may immediately seek injunctive or other appropriate relief in any court of competent jurisdiction regardless of any timing or other proscribed process steps set forth in a separate provision of this Section 6; and (b) to the extent certain services provided by LMEG, Inc. are subject to different dispute resolution provisions, which are provided for in the terms applicable to such services. Furthermore, in no event will the terms of this Section 6 limit our ability to investigate complaints or reported violations of this T&C or to take any action we deem necessary and appropriate to mitigate actions against LMEG, Inc., including reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties.
6.4Limitation of Actions. Regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, relating to, or connected with your use of the LouddMouth Sites/Services, must be filed within one calendar year after such claim or cause of action arises, or forever be barred.
LMEG, Inc. will not be liable for failing to perform under this T&C because of any event beyond its reasonable control.
This T&C (which includes all documents referenced above) supersedes all prior and contemporaneous agreements and understandings between you and LMEG, Inc. or its predecessors in interest or former entity names relating to the LouddMouth Sites/Services. You may not transfer your rights or obligations under this T&C without the prior written consent of LMEG, Inc. LMEG, Inc. may freely do so, in whole or in part. This T&C will be binding upon the successors and permitted assigns of you and LMEG, Inc. This T&C does not create any third party beneficiary rights. This T&C will be interpreted as if equally drafted by us and you. A party’s failure or delay in exercising any right, power or privilege under this T&C will not waive its rights to exercise such right, power, or privilege in the future, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise of such right, power, or privilege, or the exercise of any other right, power, or privilege under this T&C. You and LMEG, Inc. are independent contractors, and no agency, partnership, joint venture, employee-employer relationship is intended or created by this T&C or your use of the LouddMouth Sites or Services. The invalidity or unenforceability of any provision of this T&C will not affect the validity or enforceability of any other provision of this T&C, all of which will remain in full force and effect. The terms “includes” or “including” mean “includes, but is not limited to” and “including, but not limited to” respectively.
By providing your email address, you agree that we may send emails to you related to the LouddMouth Sites/Services. If you do not wish to receive general marketing emails, you can opt out by following the instructions in the message. LMEG, Inc. may send any legal notices to you via email, notification by a message to your account or regular mail. To give legal notice to LMEG, Inc., please send written communication to:
LouddMouth Network, LouddMouth Marketing & Entertainment Group Inc. Attn: Legal Department 10130 Foothill Blvd. #348 Rancho Cucamonga, CA 91730
For other contact, please go here: 950 Eagles Landing Pkwy #271 Stockbridge, Ga 30281
Account Security. You are solely responsible for keeping your password and all other account information confidential and for all use of your username and password, including, without limitation, any use by any unauthorized third party. It is your responsibility to maintain the security of your mobile device(s) from unauthorized access. Our employees will never ask for your password. If you are asked for your password, or if you believe someone may have obtained your password, you must contact our customer service department at email@example.com
Storage of Account Information. When using the LouddMouth Sites/Services, we may permit you to store data, preferences set by you, content or other information for your convenience, but we are under no obligation to retain any such data, preferences, content or other information, including, without limitation, any coupon that you may have stored, except where required by applicable law. LMEG, Inc., in its sole and absolute discretion, may terminate access to your account for any reason (including reasons related to unlawful or unauthorized usage). We have no obligation to retain a record, after such termination, of your account or any data or information that you may have stored for your convenience by means of your account or the LouddMouth Sites/Services.
We reserve the right, but does not assume the obligation, to refuse to post or remove any User-Provided Content that violates our Publication Standards, in our sole and absolute discretion.
Publication Standards for LouddMouth Sites. You represent and warrant that you will not post any of the following on the LouddMouth Sites:
If you see objectionable content in the course of your use of the LouddMouth Sites/Services, you may report such content to us through any available reporting means as provided through the LouddMouth Sites/Services (e.g., Flag, Feedback form, etc.) or by contacting our Customer Service. LMEG, Inc. reserves the right to address such requests in any manner in its sole discretion.
LMEG, Inc. may take measures to remove User-Provided Content from the business listing(s) of an advertiser or business who has decided to “opt-out” of the addition of all such supplemental material to its business listing(s), but will not otherwise edit or remove User-Provided Content, including reviews, photos, ratings or commentary, except as per this Section 11.
12.1 Copyright Policy
LMEG, Inc. respects the copyright of others and we expect our users of the LouddMouth Sites and Service to do the same. We have adopted a policy towards alleged copyright infringement in accordance with the Digital Millennium Copyright Act (“DMCA”). We reserve the right to remove, suspend, terminate access, or take other appropriate actions against users or third parties that we believe, in good faith, to be repeat offenders of our policy against infringing copyrighted material. It is important to note that LMEG, Inc. does not determine copyright ownership in the event of a dispute. We will remove content, as required by law, from our site if we receive a complete and valid takedown notice. The party whose material has been removed then has the ability to respond with a counter notice. If and when we receive a valid counter notification, we will forward it to the person who submitted the original takedown request. If the dispute continues, it will be up to the two parties to settle the issue.
12.2 To File a Copyright Complaint (DMCA)
Please note that, if we take action on your request, our notification to the content provider, member or user who posted the allegedly infringing material includes a complete copy of your Copyright Complaint (which may include your name, address, phone and email address). If you do not wish your contact information to be provided, you may want to consider using an agent to report the complaint on your behalf.
12.3 Copyright Complaint (DMCA) Counter-Notification Policy
If you believe your material which was removed is either not infringing or you believe you have the right from the copyright owner, the copyright owner’s agent or pursuant to the law to post such material, you must submit a counter-notice containing the following information to the Designated Agent listed below:Identification of the material that was mistakenly removed or disabled from access, in writing;A description that reasonably identifies the material that has been removed, or to which access has been disabled, and the location of the material prior to its removal;Your name, address, telephone number and email address;Include the statement: “I swear under penalty of perjury that I have a good faith belief that the material was removed or disabled from access as a result of mistake or misidentification of the material to be removed or disabled”;Include the statement: “I consent to the jurisdiction of the Federal District Court for the judicial district in which my address is located or any judicial district in which the service provider may be found, and I will accept service of process from the person who provided the notification under Section 512(c)(1)(C) or an agent of such person”; andA physical or electronic signature of the content provider, member or user.If we receive a valid counter-notification, we may send a copy of such notice to the original complaining party informing them that we may restore the removed material or cease disabling it in 10 to 14 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed material may be replaced, or access to it restored, in 10 to 14 business days, or more, after receipt of the counter-notice.
12.4 Copyright Repeat Infringers
When appropriate, we will terminate a repeat infringer’s access to its accounts. If you believe that a user is a repeat infringer, please follow the instructions above to contact us and provide information sufficient for us to verify that the user is a repeat infringer.
12.5 Designated Agent
Please contact LMEG, Inc.’s Designated Agent for DMCA copyright complaints at:
Copyright Manager – Designated Agent for DMCA Notices LMEG, Inc. 10130 Foothill Blvd. #348 Rancho Cucamonga, Ca 91730 Email: firstname.lastname@example.org
12.6 Trademark Policy.
A trademark is a word, slogan, logo, symbol or design that can be used to distinguish the products or services offered by one party from those offered by others. LMEG, Inc. also respects the trademark rights of third parties and we expect our users of the LouddMouth Sites and Service to do the same. We reserve the right to remove, suspend, terminate access, or take other appropriate actions against users or third parties that we believe, in good faith, to be repeat offenders of our policy against infringing trademarked material.
12.7 To File a Trademark Complaint