Terms of use

Welcome

Welcome to the Loudhailer website (the “Site“) provided by TBM Systems, LLC, d/b/a Loudhailer (which will be referred to herein as either “Loudhailer”, “we”, “us” or “our”). The Site and any related services, modules, functions, software or platforms (collectively, the “Services”) were created by us in order to provide you an efficient and effective way to promote yourself, your brand or your company via our proprietary engagement marketing platform. These Loudhailer Terms & Conditions (the “Terms”) constitute a set of rules by which we operate such Services.

By using or accessing the Services, you acknowledge that you agree to the Terms, are subject to them and to our Privacy Policy. IF YOU DO NOT AGREE TO BE FULLY BOUND BY ALL OF THESE TERMS, PLEASE DO NOT ACCESS THE SITE AND DO NOT USE THE SERVICES. You should read through all the Terms carefully as they constitute a legally binding agreement between you and us. Please note that we reserve the right, at our sole discretion, to revise modify or change or remove portions or all of these, at any time. The date when these Terms were last updated is indicated at the end of the Terms.

Registration and Access

In order to access the Services, you must first subscribe to use them by providing complete information requested and setting up a username and password. The information provided can be updated at any time by accessing your Loudhailer Account Settings page.

Based on the specific package you choose, you may grant account access to additional users in your organization. and specify the type of access each user shall have as part of the Services. Upon signing into their account and using the Service, all such users shall also become subject to these Terms and each such account user will be responsible for the activity that occurs through their account and information shared.

We urge you to keep your account password secure and to always log-off from the Services when leaving your computer unattended. We strongly recommend notifying us immediately of unauthorized use of your account or of any related security breach by writing to us at [email protected]

How it works

• Loudhailer clients pay for and create marketing campaigns using client-created content or content created on the Loudhailer website. These marketing campaigns include activities such as sharing on Facebook or Twitter, Following Twitter, watching a YouTube video, watching a Tiktok, etc
• These campaigns are displayed on our partner website Satorify.io (or others) and accessed by Satorify’s (or others) user-base.
• The users of Satorify decide to accept the campaigns and perform the marketing task specified in the campaign (see above for examples).
• The Satorify user is rewarded tokens for completing the marketing campaign on behalf of the Loudhailer client. The Loudhailer’s content is promoted in social media and other channels in exchange for the token reward paid by Satorify.

Fees and Billing

Loudhailer is a pay-as-you-go fee structure. You pay for the credits you want and run the campaigns available for those credits. We reserve the right to change the amount of, or basis for determining, any fees or charges for services we provide, and to institute new payment models, fees, charges or terms effective upon prior notice to customers (which may be sent by email to the address you have most recently provided us).

Ownership of the Services Provided to You

The underlying platforms of the Services are either the proprietary property of Loudhailer or the proprietary property of our licensors or licensees. By utilizing our Services, Loudhailer grants you a personal, revocable, non-assignable, and non-exclusive license to use the Services for the term of the subscription in accordance with the Terms, unless terminated earlier.

“Loudhailer” and other trademarks, slogans, service marks and trade names which appear via the Service are proprietary to Loudhailer. You shall not remove or alter any copyright notice, trademark or other proprietary or restrictive notice or legend affixed to any material provided by Loudhailer. Except as expressly set forth herein, no right, license, or interest to such trademarks are generated or granted hereunder.

As Loudhailer can be used on any website in any country, by using Loudhailer you acknowledge that you are responsible for compliance with any local laws.

LOUDHAILER DOES NOT SPONSOR, ADMINISTER OR ENDORSE THE CONTENT OF ANY PROMOTION DISTRIBUTED THROUGH THE SITE UNLESS OTHERWISE STATED AND IS THEREFORE NOT LIABLE.

Loudhailer may require you to provide personally identifiable information in order to participate in certain promotions. In the event that you choose to provide personally identifiable information, you acknowledge and agree that Loudhailer may use any information you provide consistent with Loudhailer and these Terms of Service.

Technical Support

Technical support is provided to you by Loudhailer via email during regular business hours (i.e. Monday to Friday from Insert time here) by sending your technical inquires to [email protected] Loudhailer shall respond to via email to your support request within a reasonable time-period.

Account Content & Use Of Services

You shall be solely responsible for the information you or any of your authorized users transmit or submit through the Site or the Services. You expressly agree that during your use of the Services and your account content you will not:

• Promote any illegal activity (minors, pornography, illegal drugs, guns, etc)
• Run a campaign promoting any cryptocurrencies, ICOs, IEOs or Airdrops
• Run campaigns purely for the purpose of farming followers for various groups or other social accounts;
• Run a campaign that is purely designed to exchange followers (or other actions) and not for business purposes;
• Run campaigns or promote sites that contain viruses, malware or other malicious code.
• Run a campaign promoting content that YouTube or Instagram has this warning before your content: This video may be inappropriate for some users.
• Encourage users to break the TOS of an external site (i.e. clicking Adsense ads or monetizing traffic);
• Use or copy images for which you do not own the copyright or have license to use;
• Run campaigns that violate trademarks or copyrights;
• Create multiple or false accounts for the purpose of utilizing free credit offers;
• Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
• Sublicense to, transfer, network, transmit, distribute, or permit use of the Service by, any third party without permission;
• Reverse engineer, decompile, or disassemble any aspect of the Service;
• Attempt to automate entries with the intent of defrauding the Loudhailer platform;
• Forge headers or otherwise manipulate identifiers in order to disguise the origin of any data transmitted to other users;
• Interfere with or disrupt the Service or other user’s use of the Service;
• Reproduce, duplicate or copy or exploit any other portion of the Loudhailer Site, without the express written permission of Loudhailer;
• Modify, adapt or hack the Loudhailer Site or falsely imply that some other site is associated with Loudhailer Site
• Create multiple accounts after your account has been disabled;
• Knowingly run campaigns on behalf of users that are already banned for previous TOS violations;

Breach of any of the TOS may result in a permanent account ban, or initiate an investigation whereby Loudhailer may ask for more information from you.

Third Party Applications & Reliability

While the primary purpose of the Services is to aggregate third party websites, applications, interfaces and other materials (“Third Party Applications“, e.g. Facebook, Twitter, Telegram), it should be made clear that Loudhailer does not own or control any of these. As Loudhailer serves only as collector of such Third Party Applications for your convenience, it does not in any way endorse, recommend or make any recommendations in relation to any such Third Party Applications. Similarly, while Loudhailer monitors the working condition of the connectors to such Third Party Applications and is committed to resolving any issues that may arise from a third party changing the login procedure of its application, it is not liable, nor can it be held responsible, for any changes or the inoperability of such Third Party Applications, whether temporary or permanent.

Loudhailer also assumes no responsibility for the content, guidelines, privacy policies, or practices of any third party and by using the Services you expressly relieve Loudhailer from any and all liability arising from your use of any Third Party Applications.

You further acknowledge that such Third Party Applications may be protected by copyrights, patents, trademarks, trade secrets and/or other proprietary rights, and therefore you undertake not to modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or in any way exploit, any of the Third Party Applications, in whole or in part, and undertake to abide by the relevant terms of use of such Third Party Applications.

Right to Shut Down, Deny or Limit Access, Remove Content

Loudhailer reserves the right to suspend or terminate your account at any time and for any or no reason at all, at our sole discretion. Accordingly, Loudhailer reserves the right to remove any user content, which is abusive, illegal, disruptive, or that otherwise fails to conform to our standards, and to limit or revoke your access in full or in part to the Services, in its sole discretion, at any time, and for any reason, including, but not limited to technical difficulties or violation of these Terms.

Your Feedback

While we welcome any feedback or comments from you, please note that any unsolicited ideas, feedback or suggestions pertaining to our business, such as ideas for new or improved products or technologies, website or tool enhancements, processes, materials, marketing plans or new product names, will automatically upon submission become the property of Loudhailer, without any compensation to you. While under no obligation to review such submissions or to keep such submissions confidential, Loudhailer may use or redistribute any such submission and its contents for any purpose and in any way it deems.

To provide such submissions or feedback, please email [email protected]

No Warranty

YOU ACKNOWLEDGE, THAT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THAT THE SERVICES, THE SITE AND OTHER MATERIALS PROVIDED TO YOU UNDER THIS AGREEMENT ARE PROVIDED ON AN “AS IS” BASIS. USE OF THE SERVICES AND RELIANCE ON THE SITE CONTENT IS DONE SOLELY AT YOUR OWN RISK. Loudhailer DISCLAIMS ANY AND ALL WARRANTIES RELATING TO THE SERVICE, THE SITE, THEIR CONTENT AND OTHER MATERIALS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

WE DO NOT WARRANT THAT THE SITE OR THE SERVICES PROVIDED WILL BE ERROR-FREE, THAT ACCESS THERETO WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE OUR SERVICES AVAILABLE ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Liabilities and Indemnities

You shall indemnify and save harmless Loudhailer and its directors, officers, employees, representatives and agents (“Related Parties”) against all demands, claims, actions, liabilities, losses, costs, damages or expenses whatsoever (including reasonable attorneys’ fees) (“Damages”) asserted against, imposed upon or incurred by Loudhailer and/or any of its Related Parties resulting from or arising out of any violation of these Terms by you or arising and related to your use of the Services.

THE CUMULATIVE LIABILITY OF LOUDHAILER FOR ALL CLAIMS RELATING TO THE SITE OR SERVICES, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR TORT, INCLUDING NEGLIGENCE, INTELLECTUAL PROPERTY INFRINGEMENT, STRICT LIABILITY, OR OTHERWISE, SHALL NOT EXCEED THE TOTAL FEES ACTUALLY PAID BY YOU FOR THE SERIVICES OR USE OF THE SITE.

LOUDHAILER WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE SERVICES, WHETHER THE MATERIAL IS PROVIDED OR OTHERWISE SUPPLIED BY LOUDHAILER OR ANY THIRD PARTY.

THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

Confidentiality and Privacy

We are committed to safeguarding any personal information that may be collected through our Services and to ensuring that you are fully informed as to how your personal information will be used and stored. To learn more about how Loudhailer protects your personal information, please refer to our Privacy Policy .

Communications

You agree and consent to receive electronically all Communications, that Loudhailer may be willing to communicate to you in connection with your Loudhailer Account and/or use of our Services. For the purposes hereof “Communications” shall mean all and any communication, agreement, document, receipt, notice and disclosure, which may be from time to time addressed to User by Loudhailer. You may withdraw your consent to receive electronic Communications by sending a withdrawal notice to support. If this is the case you waive your right to plead ignorance. If you decline or withdraw consent to receive electronic Communications, Loudhailer may suspend or terminate your use of the Website.

Applicable Law; Arbitration

• You and Loudhailer agree to arbitrate any dispute arising from these Terms or your use of the Services, except for disputes in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets or patents.
• You and Loudhailer agree to notify each other in writing of any dispute within thirty (30) days of when it arises. Notice to Loudhailer shall be sent to [email protected]
• Any dispute, controversy, difference or claim arising out of or relating to the Terms, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it shall be referred to and finally resolved by arbitration administered by the American Arbitration Association (AAA) under the AAA Arbitration Rules in force when the Notice of Arbitration is submitted.
• The law of this arbitration clause shall be Texas law.
• The seat of arbitration shall be in Dallas, Texas.
• The number of arbitrators shall be one.
• Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court. Any dispute between the parties will be governed by these Terms and the laws of Texas, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction.
• Whether the dispute is heard in arbitration or in court, you will not commence against Loudhailer a class action, class arbitration or representative action or proceeding.

Miscellaneous

• (a) These Terms constitute the entire agreement between the parties concerning the subject matter hereof, replacing any prior agreements;
• (b) You affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms;
• (c) Failure to enforce any provision will not constitute a waiver of that provision. If any provision is found unenforceable, it and any related provisions will be interpreted to best accomplish the unenforceable provision’s essential purpose.
• (d) These Terms shall be governed by the laws of the United States, without giving effect to any principles of conflicts of laws thereof, and the eligible courts of Texas, shall have exclusive jurisdiction over all disputes between the parties. Nothing in this agreement limits a party’s ability to seek equitable relief.