Terms and Conditions

Welcome to Shout Out

Introduction

Thank you for using the Shout Out platform and the products, services and features we make available to you as part of the platform (collectively, the “Service”).

Our Service

The Service allows you to create, watch and share videos, We reserve the right to delete or erase any video or content that is against our guidelines, code of conduct or unlawful.

Your service Provider

The entity providing the Service in the European Economic Area, and Switzerland is Shoutout Advocacy LTD, a company incorporated and operating under the laws of Uk and Ireland, (Registered Number: 12315623), located at 3rd floor Floor, 86-90 Paul St, Hackney, London EC2A 4NE (referred to as “Shoutout”, “we”, “us”, or “our”).

Applicable Terms

You may create an account to use certain features we offer. To do so, you must provide an email address. By creating an account, you become a customer (‘Customer’) and agree to receive notices from Us at this email address.

By creating an account, viewing videos, making a purchase, using our software, or otherwise visiting or using our Services, you accept this Agreement and consent to contract with us electronically. Your use of the Service is subject to these terms, the Shoutout Community Guidelines and the Privacy Policy, Safety and Copyright Policies (together, the "Agreement").

If you are an entity other than a natural person, the person who registers the account or otherwise uses our Services must have the authority to bind the entity. In this context, “you” means both the entity and each person who is authorised to access the account.

We may update this Agreement by posting a revised version on our website and/or via a link from our software . By continuing to use our Services, you accept any revised Agreement.

Who may use the Service?

Age Requirements

You may use the Service if you are at least 16 years old or the applicable age of majority in your jurisdiction, whichever is greater, to create an account or otherwise use our Services

Permission by Parent or Guardian

If you are under 18, you must have your parent or legal guardian’s permission to use the Service. Please have them read this Agreement with you. If you are a parent or legal guardian of a user under the age of 18, by allowing your child to use the Service, you are subject to the terms of this Agreement and responsible for your child’s activity on the Service.

Businesses

If you are using the Service on behalf of a company or organisation, you confirm to us that you have authority to act on behalf of that entity, and that entity accepts this Agreement.

Your Use of the Service

Content on the Service

The content on the Service includes videos, audio (for example music and other sounds), graphics, photos, text (such as comments and scripts), branding (including trade names, trademarks, service marks, or logos), interactive features, software, metrics, and other materials (collectively, "Content”). Content may be provided to the Service and distributed by our users and Shout Out is a provider of hosting services for such Content. Content is the responsibility of the person or entity that provides it to the Service. If you see any Content you believe does not comply with these terms, such as by violating the Community Guidelines or the law, you can report it to us. Users and Customers must own copyright to all content uploaded on the website or web app. You are responsible for all activity that occurs under your account, including unauthorised activity. You must safeguard the confidentiality of your account credentials. If you are using a computer that others have access to, you must log out of your account after each session. If you become aware of unauthorised access to your account, you must change your password and notify us immediately.

Your Information

Our Privacy Policy explains how we treat your personal data and protect your privacy when you use the Service.

Permissions and Restrictions

You may access and use the Service as made available to you, as long as you comply with this Agreement and the law. You may view or listen to Content for your personal, non-commercial use. You may also show Shoutout videos through the embeddable Shoutout player.

The following restrictions apply to your use of the Service. You are not allowed to:

  1. sell, license, alter, modify or otherwise use any part of the Service or any Content except: (a) as specifically permitted by the Service; (b) with prior written permission from Shoutout and, if applicable, the respective rights holders; or (c) as permitted by applicable law;
  2. circumvent, disable, fraudulently engage, or otherwise interfere with the Service (or attempt to do any of these things), including security-related features or features that: (a) prevent or restrict the copying or other use of Content; or (b) limit the use of the Service or Content;
  3. access the Service using any automated means (such as robots, botnets or scrapers) except: (a) in the case of public search engines, in accordance with Shoutout’s robots.txt file; (b) with Shoutout’s prior written permission; or (c) as permitted by applicable law;
  4. collect or use any information that might identify a person (for example, harvesting usernames), unless permitted by that person or allowed under section 3 above;
  5. use the Service to distribute unsolicited promotional or commercial content or other unwanted or mass solicitations (spam);
  6. cause or encourage any inaccurate measurements of genuine user engagement with the Service, including by paying people or providing them with incentives to increase a video’s views, likes, or dislikes, or otherwise manipulate metrics;
  7. misuse any reporting, flagging, complaint, dispute, or appeals process, including by making groundless, vexatious, or frivolous submissions;
  8. run contests on or through the Service;
  9. use the Service to view or listen to Content other than for personal, non-commercial use (for example, you may not publicly screen videos or stream music from the Service); or
  10. scrape, reproduce, redistribute, create derivative works from, decompile, reverse engineer, alter, archive, disassemble or discover the source code, underlying ideas or algorithms of any components of the website or Software or any part of our Services; or attempt to circumvent any of our security, rate-limiting, filtering, or digital rights management measures.

Reservation

Any right not expressly granted to you in this Agreement remains the right of Shoutout or the respective rights holders. This means, for example, that using the Service does not give you ownership of any intellectual property rights in the Content you access (including any branding used on or displayed in the Service).

Changes to the Service

Shoutout is constantly changing and improving the Service. We may also need to alter or discontinue the Service, or any part of it, in order to make performance or security improvements, change functionality and features, make changes to comply with law, or prevent illegal activities on or abuse of our systems. We will always consider and balance the impact of such changes on the use of the Service. Whenever reasonably possible, we will provide notice when we discontinue or make material changes to our Service that will have an adverse impact on the use of our Service. However, there will be times when we need to make such changes without notice, such as where we need to take action to improve the security and operability of our Service, prevent abuse, or meet our legal requirements.

Your Content and Conduct

Uploading Content

You may be able to upload Content to the Service. You may use your Content to promote your business or artistic enterprise. If you choose to upload Content, you must not submit to the Service any Content that does not comply with this Agreement or the law. For example, the Content you submit must not include third-party intellectual property (such as copyrighted material) unless you have permission from that party or are otherwise legally entitled to do so. You are legally responsible for the Content you submit to the Service. We may use automated systems that analyze your Content to help detect infringement and abuse, such as spam, malware, and illegal content.

In using our Services, you may not:

  • Use an offensive screen name (e.g., explicit language) or avatar (e.g., containing nudity);
  • Act in a deceptive manner or impersonate any person or organization;
  • Harass or stalk any person;
  • Harm or exploit minors;
  • Distribute “spam” in any form or use misleading metadata;
  • Collect personal information about others;
  • Access another’s account without permission;
  • Engage in any unlawful activity;
  • Embed our video player on or provide links to sites that contain prohibited content; or
  • Cause or encourage others to do any of the above.

Rights you Grant

You retain all of your ownership rights in your Content you upload. In short, what belongs to you stays yours. However, we do require you to grant certain rights to Shoutout and other users of the Service, as described below.

Licence to Shoutout

By providing Content to the Service, you grant to Shoutout a worldwide, non-exclusive, royalty-free, transferable, sublicensable licence to use that Content (including to reproduce, distribute, modify, display and perform it) for the purpose of operating, promoting, and improving the Service.

Licence to Other Users

You also grant each other user of the Service a worldwide, non-exclusive, royalty-free licence to access your Content through the Service, and to use that Content (including to reproduce, distribute, modify, display, and perform it) only as enabled by a feature of the Service.

Duration of Licence

The licences granted by you continue until the Content is removed as described below. Once removed, the licences will terminate, except where the operation of the Service, use of Content permitted before your removal, or the law requires otherwise. For example, removal of Content by you does not require Shoutout to: (a) recall Content that is being used by other users within any limited offline viewing functionality of the Service; or (b) delete copies we reasonably need to keep for legal purposes.

Removing Your Content

You may remove your Content from the Service at any time. You also have the option to make a copy of your Content before removing it. You must remove your Content if you no longer have the rights required by these terms. To do that you will need to make that request to Shoutout Advocacy LTD or the company who invited you to participate and/or who your shoutout was directed to.

Removal of Content Shoutout

If we reasonably believe that any Content is in breach of this Agreement or may cause harm to Shoutout, our users, or third parties, we may remove or take down some or all of such Content. We will notify you with the reason for our action unless we reasonably believe that to do so: (a) would violate the law or the direction of a legal enforcement authority, or would otherwise risk legal liability for Shoutout or our Affiliates; (b) would compromise an investigation or the integrity or operation of the Service; or (c) would cause harm to any user, other third party, Shoutout or our Affiliates.

Account Suspension and Termination

Terminations by You

You may stop using the Service at any time.

Terminations and Suspensions by Shoutout for Cause

Shoutout may suspend or terminate your access to your Shoutout account if: (a) you materially or repeatedly breach this Agreement; (b) we are required to do so to comply with a legal requirement or a court order; or (c) we reasonably believe there has been conduct that creates liability or harm to any user, other third party, Shoutout or our Affiliates.

Terminations by Shoutout for Service Changes

Shoutout may terminate your access to all or part of the Service if Shoutout reasonably believes that its provision of the Service to you is no longer commercially viable.

Notice for Termination or Suspension

We will notify you with the reason for termination or suspension by Shoutout unless we reasonably believe that to do so: (a) would violate the law or the direction of a legal enforcement authority, or would otherwise risk legal liability for Shoutout or our Affiliates; (b) would compromise an investigation or the integrity or operation of the Service; or (c) would cause harm to any user, other third party, Shoutout or our Affiliates. Where Shoutout is terminating your access for Service Changes, where reasonably possible, you will be provided with sufficient time to export your Content from the Service.

Effect of Account Suspension or Termination

If your Shoutout account is terminated, you may continue using certain aspects of the Service (such as viewing only) without an account, and this Agreement will continue to apply to such use.

Other Legal Terms

Warranty

We provide the Service with reasonable care and skill. WE PROVIDE THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU USE THE SERVICES AT YOUR OWN RISK. You must provide your own device and internet access.

EXCEPT AS EXPRESSLY SET FORTH HEREIN, AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Among other things, we make no representations or warranties:

  • That our Services, or any part thereof, will be available or permitted in your jurisdiction, uninterrupted or error-free, completely secure, or accessible from all devices or browsers;
  • Concerning any content submitted by or actions of our users;
  • That any geo-filtering or digital rights management solution that we might offer will be effective;
  • That our Services will meet your business or professional needs;
  • That we will continue to support any particular feature or maintain backwards compatibility with any third-party software or device; or Concerning any third-party websites and resources.

Disclaimer

By law, consumers have certain rights that cannot be excluded or altered by a contract. Nothing in this Agreement affects those rights you may have as a consumer. Other than as expressly stated in this Agreement or as required by law, Shoutout does not make any specific promises about the Service. For example, we don’t make any promises about: the Content provided through the Service; the specific features of the Service, or its accuracy, reliability, availability, or ability to meet your needs; or that any Content you submit will be accessible or stored on the Service.

Limitation of Liability

All users: Nothing in this Agreement is intended to exclude or limit any party’s liability for: death or personal injury; fraud; fraudulent misrepresentation; or any liability that cannot be excluded or limited by law.

To the extent permitted by applicable law, Shoutout and its Affiliates will not be responsible for:

  1. losses that were not caused by Shoutout or its Affiliates’ breach of this Agreement;
  2. any loss or damage that was not, at the time that this Agreement was formed between you and Shoutout, a reasonably foreseeable consequence of Shoutout or its Affiliates breaching this Agreement; or
  3. the Content submitted by any user, or for the defamatory, offensive, or illegal conduct of any user.
  4. only: If you are using the Service for the purpose of your trade, business, craft or profession, (a “Business User”), to the extent permitted by applicable law, the following limitations of liability will also apply:
  5. Shoutout and its Affiliates will not be responsible for lost profits, revenues, or data; loss of opportunity or anticipated savings; indirect or consequential losses, or punitive damages (in all cases whether such losses were foreseeable or not); and
  6. Shoutout and its Affiliates’ total liability for any claims arising from or relating to the Service is limited to the greater of: (a) the amount of revenue that Shoutout has paid to you from your use of the Service in the 12 months before the date of your notice, in writing to Shoutout, of the claim and (b) £500, whichever is higher.

About this Agreement

Modifying this Agreement

We may modify this Agreement, for example, to reflect changes to our Service or for legal, regulatory, or security reasons. Shoutout will provide reasonable advance notice of any material modifications to this Agreement and the opportunity to review these changes. However, changes addressing newly available features of the Service or changes made for legal reasons may be effective immediately. Changes will only apply going forward. If you do not agree to the modified terms, you should cancel your subscription and discontinue your use of the Service.

Continuation of this Agreement

If your use of the Service ends, the following terms of this Agreement will continue to apply to you: “Other Legal Terms”, “About This Agreement”, and the licenses granted by you will continue in limited cases as described under “Duration of License”.

Severance

If it turns out that a particular term of this Agreement is not enforceable for any reason, this will not affect any other terms.

Assignment

Shoutout may transfer all or part of this Agreement to an Affiliate or, if Shoutout is sold, to a third party.

No Waiver

If you do not comply with this Agreement and we do not take action immediately, this doesn’t mean that we are giving up any rights that we may have (such as the right to take action in the future).

Governing Law

If you live in the European Economic Area, or Switzerland, this Agreement, and your relationship with Shoutout under this Agreement will be governed by the laws of your country of residence, and legal proceedings may be brought in your local courts.

Community Guidelines

Safety Tools & Resources

Reporting & Enforcement

Nudity or sexual content

Shoutout is not for pornography or sexually explicit content. If this describes your video, even if it's a video of yourself, don't post it on Shoutout.

Harmful or dangerous content

Don't post videos that encourage others to do things that might cause them to get badly hurt, especially kids. Videos showing such harmful or dangerous acts may be age-restricted or removed depending on their severity.

Hateful content

Our products are platforms for free expression. But we don't support content that promotes or condones violence against individuals or groups based on race or ethnic origin, religion, disability, gender, age, nationality, veteran status or sexual orientation/gender identity, or whose primary purpose is inciting hatred on the basis of these core characteristics.

Violent or graphic content

It's not okay to post violent or gory content that's primarily intended to be shocking, sensational or gratuitous. If posting graphic content in a news or documentary context, please be mindful to provide enough information to help people understand what's going on in the video. Don't encourage others to commit specific acts of violence.

Harassment and cyberbullying

It’s not OK to post abusive videos and comments on Shoutout. If harassment crosses the line into a malicious attack it can be reported and may be removed. In other cases, users may be mildly annoying or petty and should be ignored.

Spam, misleading metadata and scams

Don't create misleading descriptions, titles or thumbnails in order to increase views.

Threats

Things like predatory behaviour, stalking, threats, harassment, intimidation, invading privacy, revealing other people's personal information and inciting others to commit violent acts or to violate the Terms of Use are taken very seriously. Anyone caught doing these things may be permanently banned from Shoutout

Copyright

Respect copyright. Only upload videos that you made or that you're authorised to use.

Privacy

If someone has posted your personal information or uploaded a video of you without your consent, you can request removal of content based on our Privacy Guidelines.

Impersonation

Accounts that are established to impersonate another company or individual may be removed under our impersonation policy.

Child safety

Learn about how we protect minors in the Shoutout ecosystem. Also, be advised that we work closely with law enforcement and we report child endangerment.

Learn about reporting content on Shoutout and how we enforce our Community Guidelines.

Report a video

When, why and how to flag content.

Report an abusive user

File a report directly here. info@shoutout.social

Report a legal complaint

File a report directly here. info@shoutout.social

Report a privacy violation

Let us know if videos or comments on the site violate your privacy or sense of safety.

Age Restrictions

Sometimes a video doesn't violate our guidelines, but might not be appropriate for everyone so may be age-restricted.

Community Guidelines

Safety Tools & Resources

Reporting & Enforce

Nudity or sexual content

Shoutout is not for pornography or sexually explicit content. If this describes your video, even if it's a video of yourself, don't post it on Shoutout. Also, be advised that we work closely with law enforcement and we report child exploitation.

Harmful or dangerous content

Don't post videos that encourage others to do things that might cause them to get badly hurt, especially kids. Videos showing such harmful or dangerous acts may be age-restricted or removed depending on their severity.

Hateful content

Our products are platforms for free expression. But we don't support content that promotes or condones violence against individuals or groups based on race or ethnic origin, religion, disability, gender, age, nationality, veteran status or sexual orientation/gender identity, or whose primary purpose is inciting hatred on the basis of these core characteristics. This can be a delicate balancing act, but if the primary purpose is to attack a protected group, the content crosses the line.

Violent or graphic content

It's not okay to post violent or gory content that's primarily intended to be shocking, sensational or gratuitous. If posting graphic content in a news or documentary context, please be mindful to provide enough information to help people understand what's going on in the video. Don't encourage others to commit specific acts of violence.

Harassment and cyberbullying

It’s not OK to post abusive videos and comments on Shoutout. If harassment crosses the line into a malicious attack it can be reported and may be removed. In other cases, users may be mildly annoying or petty and should be ignored.

Spam, misleading metadata and scams

Everyone hates spam. Don't create misleading descriptions, tags, titles or thumbnails in order to increase views. It's not okay to post large amounts of untargeted, unwanted or repetitive content, including comments and private messages.

Threats

Things like predatory behaviour, stalking, threats, harassment, intimidation, invading privacy, revealing other people's personal information and inciting others to commit violent acts or to violate the Terms of Use are taken very seriously. Anyone caught doing these things may be permanently banned from Shoutout.

Copyright

Respect copyright. Only upload videos that you made or that you're authorised to use. This means don't upload videos that you didn't make, or use content in your videos that someone else owns the copyright to, such as music tracks, snippets of copyrighted programs or videos made by other users, without necessary authorisations.

Privacy

If someone has posted your personal information or uploaded a video of you without your consent, you can request removal of content based on our Privacy Guidelines.

Impersonation

Accounts that are established to impersonate another channel or individual may be removed under our impersonation policy.

Child safety

Learn about how we protect minors in the Shoutout ecosystem. Also, be advised that we work closely with law enforcement and we report child endangerment.

Things that you create or provide to us

When you create a Shoutout video and/or open an account, you provide us with personal information that includes your name and a password. You can also choose to add a phone number or payment information to your account. Even if you aren’t signed in to a Shoutout Account, you might choose to provide us with information – like an email address to receive updates about our services or a job title for a name caption.

We also collect the content that you create, upload or receive from others when using our services. This includes things such as Name and job title you write and photos and videos that you save.

We use information that we collect, such as your email address, to interact with you directly. For example, we may send you a notification if we detect suspicious activity, such as an attempt to sign in to your Shoutout Account from an unusual location. Or we may let you know about upcoming changes or improvements to our services. And if you contact Shoutout, we’ll keep a record of your request in order to help solve any issues you might be facing.

Managing, reviewing, and updating your information

When you’re signed in, you can always review and update information by visiting the services you use.

Data transfers

We maintain servers around the world and your information may be processed on servers located outside of the country where you live. Data protection laws vary among countries, with some providing more protection than others. Regardless of where your information is processed, we apply the same protections described in this policy. We also comply with certain legal frameworks relating to the transfer of data, such as the EU-US and Swiss-US Privacy Shield Frameworks.

When we receive formal written complaints, we respond by contacting the person who made the complaint. We work with the appropriate regulatory authorities, including local data protection authorities, to resolve any complaints regarding the transfer of your data that we cannot resolve with you directly.

European requirements

If European Union (EU) data protection law applies to the processing of your information, we provide the controls described in this policy so you can exercise your right to request access to, update, remove, and restrict the processing of your information. You also have the right to object to the processing of your information or export your information to another service.

For users based in the European Economic Area or Switzerland, the data controller responsible for your information is Shoutout Advocacy LTD, unless otherwise stated in a service-specific privacy notice.

We process your information for the purposes described in this policy, based on the following legal grounds:

With your consent

We ask for your agreement to process your information for specific purposes and you have the right to withdraw your consent at any time.

  • Performing research that improves our services for our users and benefits the public
  • Fulfilling obligations to our partners like developers and rights holders
  • Enforcing legal claims, including investigation of potential violations of applicable Terms of Service

When we’re providing a service

We process your data to provide a service you’ve asked for under a contract.

Privacy Policy doesn’t apply to services that have separate privacy policies that do not incorporate this Privacy Policy.

This Privacy Policy doesn't apply to:

  • The information practices of other companies and organisations that advertise our services
  • Services offered by other companies or individuals, including products or sites that may include Shoutout services.

Connected services

YouTube

Shoutout users have the ability to share content on YouTube via the dashboard application. When doing so users are agreeing to be bound by the YouTube terms of service located here (https://www.youtube.com/t/terms)