Terms of Service ("Terms")

Last updated: 5/1/2019

Please read these Terms of Service ("Terms", "Terms of Service") carefully before using the www.shouts.tv website (the "Service") operated by Shouts ("us", "we", or "our"). Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These terms apply to all visitors, users and the others who access or use the Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access or use the Service.

Shouts

Through the services, you are able to purchase a correspondance, a personalized video ("Shout") or message, from influencers ("Talent"). Through a Talent product page, you are able to request a Shout from a Talent. The Talent then has up to 7 days to respond to this request by either supplying the requested Shout or canceling the request. All requests are automatically closed 7 days following the request if there is no response from the Talent. Once your request is accepted by the Talent and the request is fulfilled, you will then be charged from the payment method used to make your request. All payments are non-refundable and non-returnable.

Video Shouts

Video shouts received may only be used for non-commercial and non-promotional purposes.

Your Acceptance

  1. By using or visiting the Shouts website and services provided to you on, from, or through the Shouts website (collectively the "Service") you signify your agreement to (1) these terms and conditions (the "Terms of Service"), and (2) Shouts' Privacy Policy, found at https://www.Shouts.com/t/privacy and incorporated herein by reference. If you do not agree to any of these terms, the Shouts Privacy Policy, please do not use the Service.
  2. Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version https://www.Shouts.com/t/terms). Shouts may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits.

Service

  1. These Terms of Service apply to all users of the Service, including users who are also contributors of Content on the Service. “Content” includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through, or contribute to the Service. The Service includes all aspects of Shouts, including but not limited to all products, software and services offered via the Shouts website.
  2. The Service may contain links to third party websites that are not owned or controlled by Shouts. Shouts has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Shouts will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly relieve Shouts from any and all liability arising from your use of any third-party website.
  3. Accordingly, we encourage you to be aware when you leave the Service and to read the terms and conditions and privacy policy of each other website that you visit.

Shouts Accounts

  1. In order to access some features of the Service, you will have to create a Shouts or Shouts Account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Shouts immediately of any breach of security or unauthorized use of your account.
  2. Although Shouts will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Shouts or others due to such unauthorized use.

General Use of the Service-Permissions and Restrictions

Shouts hereby grants you permission to access and use the Service as set forth in these Terms of Service, provided that:

  1. You agree not to distribute in any medium any part of the Service or the Content without Shouts's prior written authorization, unless Shouts makes available the means for such distribution through functionality offered by the Service (such as the Embeddable Player).
  2. You agree not to alter or modify any part of the Service.
  3. You agree not to use the Service for any of the following commercial uses unless you obtain Shouts's prior written approval:
  4. Prohibited commercial uses do not include:
  5. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Service in a manner that sends more request messages to the Shouts servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Shouts grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Shouts reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Service, nor to use the communication systems provided by the Service (e.g., comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Service with respect to their Content.
  6. In your use of the Service, you will comply with all applicable laws.
  7. Shouts reserves the right to discontinue any aspect of the Service at any time.

License

The Shouts Services are owned and operated by Shouts. Unless otherwise indicated, all content, information, and other materials on the Shouts Services (excluding User Content, set out in Section 8 below), including, without limitation, Shouts’s trademarks and logos, the visual interfaces, graphics, design, compilation, information, software, computer code (including source code or object code), services, text, pictures, information, data, sound files, other files and the selection and arrangement thereof (collectively, the “Materials”) are protected by relevant intellectual property and proprietary rights and laws. All Materials contained on the Shouts Services are the property of Shouts or its subsidiaries or affiliated companies and/or third-party licensors. Unless otherwise expressly stated in writing by Shouts, by agreeing to these Terms of Service you are granted a limited, non-sublicensable license (i.e. a personal and limited right) to access and use the Shouts Services for your personal use or internal business use only. Shouts reserves all rights not expressly granted in these Terms of Service. This license is subject to these Terms of Service and does not permit you to engage in any of the following: (a) resale or commercial use of the Shouts Services or the Materials; (b) distribution, public performance or public display of any Materials; (c) modifying or otherwise making any derivative uses of the Shouts Services or the Materials, or any portion of them; (d) use of any data mining, robots or similar data gathering or extraction methods; (e) downloading (except page caching) of any portion of the Shouts Services, the Materials, or any information contained in them, except as expressly permitted on the Shouts Services; or (f) any use of the Shouts Services or the Materials except for their intended purposes. Any use of the Shouts Services or the Materials except as specifically authorized in these Terms of Service, without the prior written permission of Shouts, is strictly prohibited and may violate intellectual property rights or other laws. Unless explicitly stated in these Terms of Service, nothing in them shall be interpreted as conferring any license to intellectual property rights, whether by estoppel, implication or other legal principles. Shouts can terminate this license at any time, without notice, including where we reasonably consider that: (a) your use of the Shouts Services violates these Terms of Service or applicable law; (b) you fraudulently use or misuse the Shouts Services; or (c) we are unable to continue providing the Shouts Services to you due to technical or legitimate business reasons.

User Content

Shouts allows users to distribute pre-recorded audio-visual, visual works, and messaging via third party applications or other data or materials on the Shouts Services (“User Content”).

Copyright

Shouts acknowledges the intellectual property of others and follows the requirements set forth in the Digital Millennium Copyright Act (“DMCA”) and other applicable laws. If you are a copyright owner or agent thereof and believe that content posted on the Shouts Services infringes upon your copyright, please submit a notice following DMCA Guidelines, which include further information about our policies, what to include in your notice, and where to submit your notice.

Idea Submission

Idea Submission By submitting ideas, suggestions, documents, and/or proposals (“Submissions”) to Shouts or its employees, you acknowledge and agree that Shouts shall be entitled to use or disclose such Submissions for any purpose in any way without providing compensation or credit to you.