TERMS OF SERVICE
1. TERMS OF SERVICE
These Terms of Service (referred to as "Terms of Use" or "Terms and Conditions") outline the business-related terms, rules, and conditions governing the use of the Services of ShoutOuting ( https://shoutouting.com ). ShoutOuting is an online platform owned and operated by Informatics LLC, facilitating connections between Advertisers and Shout Outers for the purpose of promoting products, services, or content through social media groups. Throughout this website, the terms "we," "us," and "our" refer to our website. By using services and by accessing this website, you hereby accept and, acknowledge and agree to be bound by these Terms of Service. The usage terms such as "you," "user," "client," or "member" have been used interchangeably in these Terms of Service and they refer to any personnel, User or entity accessing or using the services of our website.
1.1. User Agreement
Your use of our website signifies your agreement to these Terms of Service. If you do not agree with any part of these terms, you are not authorized to use our website or access our services. These Terms of Service apply to all users, and by using our website, you consent to be bound by these terms, rules and conditions.
2. Definitions and Explanations
In these Terms of Service, the following definitions and explanations apply:
a. ShoutOuting
"ShoutOuting" refers to the online platform owned and operated by Informatics LLC, facilitating connections between Advertisers and Shout Outers for the purpose of promoting products, services, or content through social media groups.
b. Services
"Services" refers to all features, functionalities, applications, and services provided by ShoutOuting, including the website, mobile applications, and any other platforms operated by ShoutOuting.
c. Advertiser
"Advertiser" means any individual, company, or entity that registers on ShoutOuting to promote their products, services, or content by placing advertisements through social media groups managed by Shout Outers.
d. Shout Outer
"Shout Outer" refers to any individual, company, or entity that registers on ShoutOuting to offer advertisement posting services in social media groups they manage on platforms such as Facebook, Telegram, WhatsApp, LinkedIn, etc.
e. User
"User" refers to any individual or entity using the Services provided by ShoutOuting, including Advertisers and Shout Outers.
f. User Account
"User Account" refers to the account created by a User upon registration with ShoutOuting, through which they can access and manage the Services.
g. User Content
"User Content" means any information, text, images, media files, or other content that a User submits, uploads, publishes, or displays through the Services.
h. Platform Customer
"Platform Customer" refers to any third-party entity that uses ShoutOuting's Services to integrate with their own service offerings or platform.
i. Developer
"Developer" means any individual or entity that develops applications or integrations that interoperate with ShoutOuting's Services.
j. Third-Party Cloud Services
"Third-Party Cloud Services" refers to any external cloud-based services that Users may connect with ShoutOuting to enable data sharing and enhanced functionalities.
k. Transaction
"Transaction" means any completed arrangement between an Advertiser and a Shout Outer for the posting of advertisements through ShoutOuting.
l. Commission
"Commission" refers to the percentage of the transaction amount retained by ShoutOuting as a fee for facilitating the connection between Advertisers and Shout Outers.
m. Payment Processor
"Payment Processor" refers to any third-party service provider that processes payment transactions on behalf of ShoutOuting and its Users.
n. Cookies
"Cookies" are small pieces of data stored on a User's device by their web browser, often used to keep track of settings and preferences on websites.
o. Dispute Resolution
"Dispute Resolution" refers to the process by which any disagreements or disputes between Users (or between Users and ShoutOuting) are resolved, which may involve investigation, mediation, or other methods as described in the Dispute Resolution Policy.
p. Legal Rights
"Legal Rights" refer to the rights provided under applicable law, including but not limited to the rights to access, rectify, or erase personal data and to object to or restrict certain processing activities.
3. REGISTRATION AND ACCOUNT
3.1 Account Creation
To use certain features of the Services, you must create an account by providing accurate and complete information, including your name, email address, mailing address, business name, and title. Optional profile information may include your phone number, date of birth, social media handle and account information.
3.2 Account Security
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.
4. TERMS OF USE FOR ADVERTISERS
4.1. Requirement
Advertisers must be at least 18 years old and have the legal capacity to enter into contracts to use our Services.
4.2 Verification
ShoutOuting reserves the right to verify your identity and information. Providing false information may result in the termination of your account.
4.3. Use of Services
ShoutOuting connects Advertisers with Shout Outers who post advertisements in their social media groups.
4.4 Ad Content
Advertisers are responsible for ensuring that their ads comply with all applicable laws and regulations, including but not limited to intellectual property laws, advertising standards, and consumer protection laws.
4.5 Prohibited Content: Advertisers must not post content that is illegal, offensive, discriminatory, or otherwise harmful. Prohibited content includes, but is not limited to, ads related to gambling, adult content, drugs, and fraudulent schemes. Read it more in Section *(*(*(*(
4.5. Payment, Commission, and Fees
Advertisers agree to pay all fees associated with the posting and distribution of their ads as specified on the ShoutOuting platform. ShoutOuting charges a commission on each transaction between Advertisers and Shout Outers. The commission rate is specified on the platform and is subject to change.
5. DUTIES AND OBLIGATIONS FOR SHOUTOUTS
5.1 Eligibility and Account Registration
Publishers must be at least 18 years old and legally capable of entering into binding contracts.
5.2 Account Information
Publishers must provide accurate, complete, and up-to-date information during registration and maintain the accuracy of this information.
5.3 Content Requirements
Publishers must ensure that all content created and shared is accurate, truthful, and complies with all applicable laws and regulations.
a. Content Standards : Publishers must adhere to ShoutOuting’s guidelines for content creation and ensure that their content meets quality and ethical standards.
b. Performance Metrics: Publishers are responsible for monitoring the performance of their content and ensuring that it meets the objectives agreed upon with Advertisers.
c. Content Removal: ShoutOuting reserves the right to remove any content that violates these terms or is deemed inappropriate for any reason.
5.4. Prohibited Content
Publishers must not create or share content that is illegal, offensive, discriminatory, misleading, or harmful. (See section )*()()()())
5.5 Third-Party Rights
Publishers must not use content that violates any third-party rights, including intellectual property, privacy, and publicity rights.
5.5. Payment, Commission, and Fees
a. Earnings: Publishers will receive payments for their content based on the terms agreed upon with Advertisers.
b. Commission : ShoutOuting charges a commission on transactions between Publishers and Advertisers. The commission rate is specified on the platform and may be subject to change.
c. Payment Processing : All payments are processed through third-party payment providers. Publishers agrees to the terms and conditions of these providers.
d. Payment Disputes : Any disputes regarding payments should be reported to ShoutOuting support. ShoutOuting will review and resolve payment disputes in accordance with its policies.
5. INTELLECTUAL PROPERTY
5.1 Content Ownership
Publishers retain ownership of the content they create. However, by posting content on ShoutOuting, Publishers grants ShoutOuting and the Advertisers a non-exclusive, royalty-free license to use, reproduce, modify, and distribute the content for the purpose of providing the Services.
5.2 Use of ShoutOuting IP
Publishers must not use ShoutOuting’s trademarks, logos, or other intellectual property without prior written consent.
6. DATA PRIVACY AND CONFIDENTIALITY
6.1 User Data
Publishers must handle any user data obtained through ShoutOuting in compliance with applicable data protection laws and ShoutOuting's Privacy Policy.
6.2 Confidential Information
Publishers must keep all confidential information received through ShoutOuting confidential and use it only for the intended purpose.
7. COMPLIANCE AND REPORTING
7.1 Legal Compliance: Publishers must comply with all applicable laws, regulations, and industry standards.
7.2 Reporting Violations: Publishers must promptly report any violations of these terms or any suspicious activities to ShoutOuting.
8. Indemnification
Publishers agree to indemnify and hold harmless ShoutOuting, its affiliates, and their respective officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses, including legal fees, arising out of or in connection with:
Publishers’ use of the Services.
Publishers’ violation of these terms.
Any content submitted by Publishers.
6. USE OF THE SERVICES
6.1 License: We grant you a limited, non-exclusive, non-transferable, and revocable license to use the Services in accordance with these Terms.
6.2 User Content: You retain ownership of all content you submit, post, or display on the Services. By posting content on the Services, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the content in connection with the Services.
7. PROHIBITED CONDUCT
To ensure a safe and respectful environment, ShoutOuting prohibits certain types of services and content. These restrictions are in place to maintain the integrity of the platform and to comply with legal and ethical standards. The following are examples of services and content that are not allowed on ShoutOuting:
7.1 Prohibited Services:
7.2. Prohibited Content:
8. CONFIDENTIALITY AND DATA PROTECTION
8.1 Confidential Information
Publishers and Advertisers must keep all confidential information received through the platform confidential and use it only for the intended purpose.
8.2 Data Protection
ShoutOuting collects and processes personal data in accordance with its Privacy Policy and applicable data protection laws.
9. DISPUTE RESOLUTION
9.1 Dispute Resolution Process and Procedure for ShoutOuting
ShoutOuting is committed to providing a fair and transparent process for resolving disputes between Users (Advertisers and Shout Outers) as well as any issues that may arise between Users and ShoutOuting. The following outlines the steps and procedures to be followed in the event of a dispute:
9.2 Initial Communication
If a dispute arises, the concerned User must first contact ShoutOuting's customer support team via email at [email protected] or through the in-platform support portal. This initial communication should include a detailed description of the issue, relevant transaction details, and any supporting evidence.
9.3 Acknowledgment
ShoutOuting will acknowledge receipt of the dispute within 48 hours and provide an estimated timeline for resolution.
9.4 Informal Resolution
a. Negotiation : ShoutOuting encourages Users to resolve disputes amicably through direct communication. The support team may facilitate initial negotiations between the Advertiser and Shout Outer to reach a mutually acceptable resolution.
b. Resolution Agreement : If an agreement is reached, the terms of the resolution will be documented and agreed upon by both parties. ShoutOuting will then implement the agreed-upon actions, such as releasing funds or adjusting service terms.
9.5 Formal Dispute Resolution
a. Escalation : If the dispute cannot be resolved informally within 14 days, either party may escalate the matter to formal dispute resolution. The User must notify ShoutOuting in writing of their intent to escalate the dispute.
b. Submission of Evidence : Both parties will be required to submit detailed evidence supporting their claims, including transaction records, communications, screenshots, and any other relevant documents.
c. Review and Investigation : ShoutOuting's dispute resolution team will review all submitted evidence and may conduct further investigation, which could include interviews with both parties and third-party verification.
9.6 Resolution Decision
a. Decision Criteria : The resolution team will make a decision based on the evidence, terms of service, and applicable policies. Factors considered may include the terms of the original agreement, performance metrics, and any breach of terms by either party.
b. Notification of Decision : The decision will be communicated to both parties in writing, detailing the findings and the actions to be taken. This will include any adjustments to payments, refunds, or other remedies.
c. Implementation of Decision : ShoutOuting will implement the resolution decision within 7 days of notifying the parties. This may involve releasing held funds, issuing refunds, or other actions as determined by the resolution team.
9.7 Appeals Process
a. Filing an Appeal : If either party is dissatisfied with the resolution decision, they may file an appeal within 7 days of receiving the decision. The appeal must be submitted in writing and include new or additional evidence not previously considered.
b. Review of Appeal : An appeals panel, consisting of senior members of ShoutOuting's management team, will review the appeal and all associated evidence.
c. Final Decision : The appeals panel will make a final decision within 14 days of receiving the appeal. This decision will be binding and communicated to both parties.
9.8 Legal and Compliance
This dispute resolution process does not infringe upon any legal rights that Users may have under applicable laws. Users retain the right to seek legal remedies outside of this process if they choose to do so.
ShoutOuting's dispute resolution process is designed to comply with relevant consumer protection regulations and industry standards. Any necessary updates to this process to maintain compliance will be communicated to Users.
10. TERMINATION
10.1 By Users
You may terminate your account at any time by contacting support. Termination will not relieve you of any obligations to pay any outstanding fees or charges.
10.2 Termination by ShoutOuting
ShoutOuting may suspend or terminate your account if you breach these Terms or engage in any conduct that we deem harmful to the platform or other users.
10.3 Effect of Termination
Upon termination, your right to use the Services will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive termination.
11. LIMITATION OF LIABILITY
To the fullest extent permitted by law, ShoutOuting shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) your use of or inability to use the Services; (b) any unauthorized access to or use of our servers and/or any personal information stored therein; (c) any interruption or cessation of transmission to or from the Services; (d) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our Services by any third party; (e) any errors or omissions in any content or for any loss or damage incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available through the Services; and/or (f) the defamatory, offensive, or illegal conduct of any third party.
11. INDEMNIFICATION
You agree to indemnify and hold harmless ShoutOuting, Informatics LLC, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Services or your violation of these Terms.
12. GOVERNING LAW
These Terms are governed by and construed in accordance with the laws of the Israel without regard to its conflict of law principles.
13. MISCELLANEOUS
13.1 Entire Agreement: These Terms constitute the entire agreement between you and ShoutOuting and govern your use of the Services, superseding any prior agreements between you and ShoutOuting with respect to the Services.
13.2 Severability: If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.
13.3 Waiver: No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and ShoutOuting’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
14. MODIFICATION OF TERMS
We reserve the right to modify these Terms at any time. We will notify you of any changes by posting the new Terms on our website and indicating the date they were last updated. Your continued use of the Services after the effective date of any changes constitutes your acceptance of the new Terms.
15. CONTACT INFORMATION: If you have any questions about these Terms, please contact us at [email protected] .