Terms of Use

BySMB Staff

Terms and Conditions

Last Updated: [06/04/2024]

1. Acceptance of Terms

By accessing and using www.ShoutMyBook.com (“the Website”), owned and operated by Hunchpress Publishing Private Limited (“Company,” “we,” “us,” or “our”), you (“User,” “you,” or “your”) agree to comply with and be bound by these Terms and Conditions (“Terms”). If you do not agree to these Terms, please refrain from using the Website.

2. Services Provided

ShoutMyBook.com offers services to authors and publishers, including:

  • Designing customized book landing funnels to showcase books with engaging content and visuals.
  • Conducting daily promotional posts on X (formerly Twitter) and other social media platforms to enhance book visibility.
  • Creating viral-worthy graphics to capture potential readers’ attention.
  • Executing cross-platform campaigns to showcase books on various social media platforms, including Facebook, Instagram, Pinterest, Bluesky, and Threads.

3. User Submissions

Users may submit their books and related content (“User Content”) to the Website for promotional purposes. By submitting User Content, you represent and warrant that:

  • You are the sole author and owner of the intellectual property rights thereto, or you have obtained all necessary rights and permissions to submit the User Content.
  • The User Content does not infringe upon the intellectual property rights, privacy rights, or any other legal rights of any third party.
  • The User Content does not contain any defamatory, obscene, offensive, or otherwise unlawful material.

You grant the Company a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with the services provided by the Website and across different media.

4. Intellectual Property Rights

All content on the Website, including but not limited to text, graphics, logos, images, and software, is the property of the Company or its content suppliers and is protected by applicable intellectual property laws.

Users are prohibited from copying, distributing, reproducing, or using any of the Company’s intellectual property without express written permission. Unauthorized use may result in legal action.

5. User Conduct

Users agree to use the Website and its services in a manner consistent with all applicable laws and regulations. Prohibited conduct includes, but is not limited to:

  • Submitting false, misleading, or fraudulent information.
  • Engaging in activities that violate the rights of others, including intellectual property rights and privacy rights.
  • Uploading or transmitting viruses, malware, or other harmful code.
  • Attempting to gain unauthorized access to the Website’s systems or user accounts.
  • Engaging in any activity that disrupts or interferes with the Website’s operations.

The Company reserves the right to investigate and take appropriate legal action against anyone who, in the Company’s sole discretion, violates this provision, including without limitation, reporting such violations to law enforcement authorities.

6. Blacklisting and Termination

The Company reserves the right to suspend or terminate your access to the Website and its services, without prior notice or liability, for any reason whatsoever, including but not limited to a breach of these Terms. Users who violate these Terms may be blacklisted, preventing them from accessing the Website or utilizing its services in the future.

7. Disclaimers

The services provided by the Company are on an “as is” and “as available” basis. The Company makes no representations or warranties of any kind, express or implied, regarding the operation of the Website or the information, content, materials, or products included on the Website. To the fullest extent permissible by applicable law, the Company disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose.

8. Limitation of Liability

In no event shall the Company, its directors, employees, or agents, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your use or inability to use the Website; (ii) any unauthorized access to or use of our servers and/or any personal information stored therein; (iii) any interruption or cessation of transmission to or from the Website; (iv) any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Website by any third party; or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the Website, whether based on warranty, contract, tort, or any other legal theory, and whether or not the Company is advised of the possibility of such damages.

9. Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, and their respective officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Website; (ii) your violation of any term of these Terms; (iii) your violation of any third-party right, including without limitation any intellectual property, property, or privacy right; or (iv) any claim that your User Content caused damage to a third party.

10. Governing Law

These Terms shall be governed and construed in accordance with the laws of India, without regard to its conflict of law provisions. Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts located in Bengaluru, Karnataka, India.

11. Changes to Terms

The Company reserves the right, at its sole discretion, to modify or replace these Terms at any time. It is your responsibility to review these Terms periodically for changes. Your continued use of the Website following the posting of any changes to these Terms constitutes acceptance of those changes.