Shush Inc Terms of Use

Overview

By visiting or using any Shush website, portal, or extranet, or the services provided on any Shush website (“Site”), you agree to these Terms of Use. If you are a Shush customer or partner, you are also bound by our separate contractual agreements. If any provision of these Terms of Use conflicts with any term in the separate contractual agreements, the individual agreement terms apply. 

Site Use. You represent that you are at least 18. Please provide accurate registration information to create an account and use the Site or its features or services.  Your use of the Site is limited to non-commercial, personal use only.  We may grant you temporary access to the Site and a limited, non-exclusive, revocable, and nontransferable license to access and use the information contained within the Site solely for your internal business use only.  We also reserve the right, in our sole discretion, to terminate your access to the Site, or any portion thereof, at any time, without notice.

Security. Some parts of the Site may require a username, account name, or password.  If you use these features, you agree to keep this information confidential and secure. You agree to accept responsibility for all activities that occur under your user name, account, or password, and to notify Shush immediately if the confidentiality of your user name, account, or password is compromised. We will not be liable for any loss that you may incur as a result of someone else using your account or password. To protect the security of the Site and your account, we reserve the right to terminate or suspend your account, change your username or password, request additional information before authorizing transactions on your account, or take other reasonable actions.

Prohibited Uses. You agree not to: 

  • use the Site or its contents for any purpose that is unlawful or prohibited by these Terms of Use; 
  • resell any aspect of the Site or services available on it; 
  • bypass or circumvent measures we may use to prevent, interfere, or limit access to the Site or any Shush network; 
  • use the Site to send altered, deceptive, or false source-identifying information; 
  • use the Site to intercept, collect, or store personal information about other users; 
  • spam other users or take other actions that may affect the operation or enjoyment of the Site by other users; 
  • access, monitor, or copy any content or information on the Site using any robot, spider, scraper, or other automated means or any manual process; 
  • decompile, disassemble, or reverse engineer any of the software or content used in any part of the Site or any Shush network; 
  • send a virus or use any malicious programs or techniques in connection with the Site; 
  • overload or crash the Site or any Shush server or network; or 
  • engage in excessively high volume data transfers or bandwidth use, including, without limitation, hosting a web server, Internet Relay Chat server, or any other server via any use of the Site; or 
  • infringe the copyrights or intellectual property rights of others.

Submissions. The Site may have features that let you communicate with Shush. Any questions, comments, suggestions, ideas, plans, notes, drawings, images, photographs, pictures, information, and other materials you submit via the Site are referred to here as “Submissions.” You agree to only post, upload, submit, or request Submissions that are appropriate and related to the purpose of the Site. You are fully responsible for any damage or harm resulting from your Submissions, and we assume no liability for Submissions posted or submitted by you or other users. You must not post, upload, submit, or request: 

  • any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material or content that is otherwise objectionable to us in our sole discretion; 
  • any commercial material or content (including, for example, funding solicitations, advertising, or marketing any goods or services); 
  • any information you are prohibited from transmitting by contract or confidential relationship; 
  • any material that exploits or harms minors (any person under the age of 18), intentionally or unintentionally, including by exposing minors to content that is inappropriate, providing minors’ personally identifiable information, or seeking to obtain personally identifiable information from minors; 
  • any material that could harm Shush’s business, reputation, employees, subscribers, facilities, or any person; 
  • any material that infringes, misuses, or violates any copyright, trademark, patent right, trade secret, or other proprietary right of anyone, including rights of publicity and privacy; 
  • content for which you were compensated or granted any consideration by any third party; 
  • content that references other websites, addresses, email addresses, contact information, or phone numbers; 
  • content that contains computer viruses, worms, or other potentially damaging computer programs or files. 

Privacy Policy. For information about how we collect, use, and share information related to your use of the Site or our services, please refer to our Privacy Policy.

Intellectual Property Rights. Except for Submissions, the Site and its content, software, and services (together, “Materials”) are the property of Shush and its suppliers. They are protected by copyright, trademark, service mark, and other proprietary or intellectual property rights (“Intellectual Property Rights”). We reserve all rights to the Materials. If any service on the Site includes the provision of a specific IP address, URL, or other designation for your use, you acknowledge and agree that you will not receive any proprietary or ownership rights in such designation, and that we may change the specific IP address, URL or other designation at any time.

Trademarks and Service Marks. The trademarks, service marks, logos, designs, icons, graphics, product and service names, company names, and other source identifiers displayed or presented on the Site are registered trademarks of Shush. They may not be copied, imitated, or used, in whole or in part, without prior written permission of Shush or their relevant owners.  Nothing contained in this site may be construed as a grant of a license or right of use of any trademark displayed in this site without the prior express written permission of Shush or its relevant owner, by implication, estoppel, or otherwise. A reference to any products, services, processes, or other information does not constitute or imply any endorsement, affiliation, sponsorship, approval, or recommendation by Shush. 

WARRANTY DISCLAIMERS. THIS SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR COVENANTS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, AS TO THE OPERATION OF THE SITE, ANY MATERIALS INCLUDED ON, DOWNLOADABLE FROM OR OTHERWISE ACCESSIBLE VIA THE SITE, OR ANY SERVICES OR PRODUCTS AVAILABLE FOR PURCHASE VIA THE SITE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, COMPLETENESS, RELIABILITY, AND NON-INFRINGEMENT. FURTHER, SHUSH DOES NOT REPRESENT OR WARRANT THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED, FREE FROM UNAUTHORIZED ACCESS, INCLUDING THIRD-PARTY HACKERS OR DENIAL OF SERVICE ATTACKS. SHUSH DOES NOT AUTHORIZE ANYONE TO MAKE A WARRANTY OF ANY KIND ON OUR BEHALF, AND YOU MAY NOT RELY ON ANY SUCH STATEMENT OF WARRANTY. THE ONLY WARRANTY APPLICABLE TO THE PRODUCTS AVAILABLE FOR PURCHASE ON THE SITE OR USED IN CONNECTION WITH THE SERVICES IS A WARRANTY PROVIDED BY THE PRODUCT MANUFACTURER(S), WHICH IS EITHER INCLUDED WITH THE PRODUCT ITSELF OR CAN BE OBTAINED FROM THE MANUFACTURER(S).

LIMITATIONS OF LIABILITY. IN NO EVENT SHALL SHUSH BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, REGARDLESS OF THE TYPE OF CLAIM OR LEGAL THEORY ASSERTED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH (I) THE USE OF OR INABILITY TO USE THE SITE OR ANY MATERIALS, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE OR ANY MATERIALS, EVEN IF Shush OR OUR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF Shush (WHETHER IN CONTRACT, WARRANTY, TORT, STRICT LIABILITY, OR OTHER THEORY), ARISING OUT OF OR RELATING TO THE SITE OR ANY SITE-RELATED MATERIALS OR SERVICES, EXCEED $5.00.

Indemnification. You agree to indemnify, defend, and hold harmless Shush, and our officers, directors, employees, agents, licensors and suppliers from and against any claims, causes of action, demands, losses, expenses, damages, penalties or other costs, including but not limited to reasonable attorneys’ fees, brought by third parties as a result of: (i) your violation of these Terms of Use; (ii) your use of the Site; (iii) any Submissions you supply; or (iv) your violation of any law or the rights of a third party.

Governing Law. These Terms of Use are governed by and will be enforced in accordance with the Federal Arbitration Act, applicable federal law, and the laws of the State of Delaware, as such laws are applied to agreements entered into and to be performed in the State of Delaware.

Electronic Communications. You agree that this electronic document and any other electronic agreement, notice, or other communication that we provide to you meet any legal requirement that such communication be in writing.

Miscellaneous. We may change these Terms of Use without advance notice. Please visit this page periodically to see the most current Terms of Use that govern your use. If any part of these Terms of Use is determined to be invalid or unenforceable for any reason under relevant law, then that part will be deemed replaced with a valid, enforceable provision that most closely matches the intent of the original provision, and the remaining Terms of Use will continue in full force and effect. Shush’s failure to enforce strict performance of any part of these Terms of Use does not waive any of our rights. Shush may assign its rights and duties under these Terms of Use to any party at any time.

Additional questions? Shoot us an e-mail at Info@shush.pw