These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.
You must be at least 18 years of age to use this website. By using this website you warrant and represent that you are at least 18 years of age.
This document was created using a Contractology template available at http://www.freenetlaw.com.
3. License to use website
Unless otherwise stated, CloutBout and/or its licensors own the intellectual property rights in the website and certain materials on the website. Subject to the license below, all these intellectual property rights are reserved.
All user-created content, and the media (images, videos, or otherwise) presented herein, or linked to, is the intellectual property of its respective holder(s) and used under "fair use". No endorsement or connection from or to any person, company, or entity presented or linked to is intended or implied. Contact us to request removal if you feel your content has been inappropriately used.
You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions. You may share the link and/or promotional image(s) to the website and/or individual pages including bouts on social media, or other online or print publications
You must not:
- Republish material from this website (including republication on another website). This does not include sharing the link and/or promotional images as noted above
- Sell, rent or sub-license material from the website
- Reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose
- Edit or otherwise modify any material on the website
4. Acceptable use
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without CloutBout's express written consent.
CloutBout reserves the right, at its sole discretion, to at any time remove any user content (bouts, and/or individual images, videos, or other media) which do/does not fit these acceptable use guidelines, as broadly interpreted by its maintainer(s).
5. Restricted access
Access to certain areas of this website may be restricted. CloutBout reserves the right to restrict access to some areas of this website, or indeed this entire website, at CloutBout's discretion.
If CloutBout provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential. CloutBout may disable your user ID and password in CloutBout's sole discretion without notice or explanation.]
6. User content
In these terms and conditions, "your user content" means material (including without limitation text, images, audio material, video material, and audio-visual material) that you submit to this website, for whatever purpose. CloutBout makes no guarantees or claims of any kind regarding the accuracy, usefulness, or appropriateness of user created content.
You grant to CloutBout a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to CloutBout the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or CloutBout or a third party (in each case under any applicable law).
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
CloutBout reserves the right to edit or remove any material submitted to this website, or stored on CloutBout's servers, or hosted or published upon this website, or stored, hosted or published on a third party's hosted servers (physical or virtual).
Notwithstanding CloutBout's rights under these terms and conditions in relation to user content, CloutBout does not undertake to monitor the submission of such content to, or the publication of such content on, this website. However, CloutBout will make efforts to respond to requests received regarding user created content whenever possible, but makes no guarantees regarding publishing or removing content.
7. No warranties
This website is provided "as is" without any representations or warranties, express or implied. CloutBout makes no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, CloutBout does not warrant that this website will be constantly available, or available at all; or that the information on this website is complete, true, accurate or non-misleading. CloutBout does not warrant that any poll(s) on this website are valid, accurate, or meaningful in any statistically significant way; they are for entertainment purposes only.
Nothing on this website (including user created content) constitutes, or is meant to constitute, advice of any kind. This website is for entertainment purposes only. If you require advice in relation to any legal, financial, medical, psychological, or other matter, you should consult an appropriate professional.
8. Limitations of liability
CloutBout will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
- To the extent that the website is provided free-of-charge, for any direct loss
- For any indirect, special or consequential loss; or
- For any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data
These limitations of liability apply even if CloutBout has been expressly advised of the potential loss.
9. Business uses of our ServicesIf you are using this service on behalf of a business, that business accepts these terms. It will hold harmless and indemnify CloutBout and all associated entities from any claim, suit or action arising from or related to the use of its services, or violation of these terms, including any liability or expense arising from losses, damages, lawsuits, judgments, claims, and/or legal fees.
10. Linking policyCloutBout welcomes links to this website made in accordance with the terms of this document. Links pointing to this website should not be misleading. Appropriate link text should always be used. From time to time the URL structure of this website may be updated; links to CloutBout are not guaranteed to work in the future. You must not use the CloutBout logo to link to this website (or otherwise) in a manner that is inconsistent with the use of the branding on the CloutBout website. You must not frame the content of this website or use any similar technology in relation to the content of this website. This website includes links to other websites owned and operated by third parties. These links are not endorsements or recommendations. CloutBout has no control over the contents of third party websites, and CloutBout accepts no responsibility for them or for any loss or damage that may arise from your use of them. You agree that, should CloutBout request the deletion of a link to our website that is within your control, you will delete the link promptly. If you would like CloutBout to remove a link to your website that is included on this website, please contact CloutBout. Note that unless you have a legal right to demand removal, such removal will be at our discretion.
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit CloutBout liability in respect of any:
- Death or personal injury caused by CloutBout's negligence
- Fraud or fraudulent misrepresentation on the part of CloutBout; or
- Matters which it would be illegal or unlawful for CloutBout to exclude or limit, or to attempt or purport to exclude or limit, its liability
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.
If you do not think they are reasonable, you must not use this website.
13. Unenforceable provisions
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
You hereby indemnify CloutBout and undertake to keep CloutBout indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by CloutBout to a third party in settlement of a claim or dispute on the advice of CloutBout's legal advisers) incurred or suffered by CloutBout arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
15. Breaches of these terms and conditions
Without prejudice to CloutBout's other rights under these terms and conditions, if you breach these terms and conditions in any way, CloutBout may take such action as CloutBout deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website, removing content or user created content from the website, and/or bringing court proceedings against you.
CloutBout may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.
CloutBout may transfer, sub-contract or otherwise deal with CloutBout's rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
19. Entire agreement
20. Law and jurisdiction
These terms and conditions will be governed by and construed in accordance with Canadian law, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of Canada.
21. ContactYou can contact CloutBout via our contact form.
Last modified: October 31, 2016