User Terms of Service


Revised: April 1, 2020

These Terms of Service ("Terms") govern your use of the Shoutout website ("Site") and any Shoutout mobile application and other services offered by Shoutout, Inc. ("Services"). Shoutout, Inc. ("we." "us," or "Shoutout") provides the Site and Services. "You" refers to you as a user of the Site or Services.

BY USING THE SITE OR SERVICES, YOU ARE AGREEING TO THESE TERMS. PLEASE READ THEM CAREFULLY.


  1. Shoutout Videos
  2. Through the Site and Services, you have the opportunity to purchase personalized videos ("Shoutout Videos") from athletes and influencers ("Talent Users"). You will submit a request for a Shoutout Video to a Talent User. The Talent User has 48 hours to accept or decline your request. Once your request is accepted, your payment account will be charged and there will be no returns or refunds issued.

    Upon receipt of full payment for your Shoutout Video, you are granted a non-exclusive, worldwide license to use the Shoutout Video for your own personal, non-commercial, and non-promotional purposes. The Shoutout Videos are licensed and not sold. You may not re-sell your rights in the Shoutout Video. You may only sublicense your rights as needed for you to use the Shoutout Video as permitted in these Terms. You may only use the Shoutout Video in accordance with these Terms, including the Acceptable Use Restrictions in Section 5 below. If you breach any of the provisions of the Terms, your license to the Shoutout Video is terminated.

    You hereby grant to us a non-exclusive, royalty-free, fully paid, unlimited, worldwide, sublicenseable (through multiple tiers of sublicenses), perpetual, irrevocable license in any and all manner and media, whether now known or hereinafter invented (including but not limited to social media channels and other websites and platforms), to reproduce, license, distribute, modify, adapt, publicly perform, publicly display, create derivative works of, and otherwise use the following for the purposes of operating and providing the Site and Services to you and other users, to develop and improve our products and services, and to advertise, market, and promote the Site, Services, and any other products and services of Shoutout: (i) any request that you make to any Talent User; and (ii) any submission that you make to Shoutout through the Site, including the Services, via any social media or other account used by Shoutout, or otherwise, including any reaction video, review, photo, email, text, post, or other communication, whether relating to you, the recipient of any Shoutout Video, or any other third party ((i) and (ii) collectively a "Submission"). You agree to indemnify and hold harmless Shoutout, Inc. dba Shoutout with respect to the Submission and any and all use of the Submission pursuant to the terms of Section 13 of the User Terms of Service.


  3. Additional Terms
  4. Some of our Services have additional terms and conditions ("Additional Terms"). Where Additional Terms apply to a Service, we will make them available for you to read through your use of that Service. By using that Service, you agree to the Additional Terms.


  5. Eligibility
  6. You must be at least 13 years old to use the Site or the Services. If you are under the age of majority in your state of residence, a minor, your parent or legal guardian must agree to these Terms on your behalf and you may only access and use the Site and Services with permission from your parent or legal guardian.


  7. Ownership
  8. We own or license all right, title, and interest in and to (a) the Site and Services, including all software, text, media, and other content available on the Site and Services ("Our Content"); and (b) our trademarks, logos, and brand elements ("Marks"). The Site and Services, Our Content, and Marks are all protected under Singapore and international laws. The look and feel of the Site and Services are copyright ? Shoutout, Inc. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS, Javascript, or visual design elements or concepts without express written permission from us.


  9. Acceptable Use of the Site and Services
  10. You are responsible for your use of the Site and Services, and for any use of the Site or Services made using your account. Our goal is to create a positive, useful, and safe user experience. To promote this goal, we prohibit certain kinds of conduct that may be harmful to other users or to us. When you use the Site or Services, you may not:

    • violate any law or regulation;
    • violate, infringe, or misappropriate other people's intellectual property, privacy, publicity, or other legal rights;
    • post, share, or request anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable;
    • send unsolicited or unauthorized advertising or commercial communications, such as spam;
    • engage in spidering or harvesting, or participate in the use of software, including spyware, designed to collect data from the Site or Services;
    • transmit any viruses or other computer instructions or technological means whose purpose is to disrupt, damage, or interfere with the use of computers or related systems;
    • stalk, harass, or harm another individual;
    • impersonate any person or entity or perform any other similar fraudulent activity, such as phishing;
    • use any means to scrape or crawl any Web pages contained in the Site;
    • attempt to circumvent any technological measure implemented by us or any of our providers or any other third party (including another user) to protect the Site or Services;
    • attempt to decipher, decompile, disassemble, or reverse engineer any of the software or other underlying code used to provide the Site or Services; or
    • advocate, encourage, or assist any third party in doing any of the foregoing.

    You acknowledge that we are not obligated to monitor your (or any other person's) access to or use of the Site or Services, but we have the right to do so in order to operate the Site or Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.


  11. Copyright and Intellectual Property Policy
  12. We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the Singapore Copyright Act. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent named below:

    • Your address, telephone number, and email address.
    • A description of the copyrighted work that you claim has been infringed.
    • A description of where the alleged infringing material is located.
    • A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law.
    • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
    • A statement by you, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.

    Copyright Agent:
    legal@shoutout.studio

    For clarity, only copyright infringement notices should go to our Copyright Agent. You acknowledge that if you fail to comply with all of the requirements of this section your notice may not be valid.

    If you believe the content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use such content, you may submit a counter-notice to the address listed above containing the following information:

    • Your physical or electronic signature;
    • Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
    • A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
    • Your name, physical address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Singapore, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

    After we receive your counter-notification, we will forward it to the party who submitted the original claim of copyright infringement. Please note that when we forward the counter-notification, it includes your personal information. By submitting a counter-notification, you consent to having your information revealed in this way. We will not forward the counter-notification to any party other than the original claimant.

    After we send out the counter-notification, the claimant must then notify us within 10 days that he or she has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the content that was removed or disabled. If we receive such notification we will be unable to restore the material. If we do not receive such notification, we may reinstate the material.


  13. Privacy
  14. Your privacy is very important to us. Our Privacy Policy explains how we collect, use, protect, and when we share personal information and other data with others. You are responsible for maintaining the confidentiality of your account information, including your username and password. You are responsible for all activities that occur under your account and you agree to notify us immediately of any unauthorized access or use of your account. We are not responsible or liable for any damage or loss related to any unauthorized access or use of your account.


  15. Third Party Content and Interactions
  16. The Site and Services may contain features and functionalities that may link you or provide you with access to third party content, including the Shoutout Videos, which is completely independent of us, including websites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet in general. Your interactions with organizations or individuals, including Talent Users, found on or through the Site and Services are solely between you and such organizations or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any interaction with any of these third parties. You agree that we are not responsible or liable for any loss or damage of any kind or nature incurred as the result of any such dealings. If there is a dispute between users of the Site or Services, or between users and any third party, you understand and agree that we are under no obligation to become involved. In the event that you have a dispute with any other user of the Site or Services, you hereby release us and our affiliates, and all of our officers, employees, agents, and successors from claims, demands, and damages (actual and consequential) of every kind or nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes or the Site and Services.


  17. Links
  18. The Site and Services may contain links to other websites and online resources. A link to a third party's website does not mean that we endorse it or that we are affiliated with it. We are not responsible or liable for any damage or loss related to the use of any third-party website. You should always read the terms and conditions and privacy policy of a third-party website before using it.


  19. Changes to the Site or Services
  20. We enhance and update the Site and Services often. We may change or discontinue the Site or Services at any time, with or without notice to you.


  21. Termination
  22. You may cancel your account at any time by writing in to our admin@shoutout.studio. We reserve the right to not provide the Site or Services to any person. We also reserve the right to terminate any user's right to access the Site or Services at any time, in our discretion. If you violate any of these Terms, your permission to use the Site and Services automatically terminates.


  23. Disclaimer and Limitations on Our Liability
  24. YOU USE THE SITE AND SERVICES AT YOUR OWN RISK. THE SITE AND SERVICES, INCLUDING ANY Shoutout VIDEOS, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, Shoutout AND ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, AND LICENSORS ("AFFILIATES") DISCLAIM ALL WARRANTIES, CONDITIONS, AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING THOSE RELATED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT AND THOSE ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

    IN PARTICULAR, Shoutout AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE SITE OR SERVICES, OR THE CONTENT OF ANY WEBSITES OR ONLINE SERVICES LINKED TO OR INTEGRATED WITH THE SITE OR SERVICES. Shoutout AND ITS AFFILIATES WILL HAVE NO LIABILITY FOR ANY: (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (b) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE SITE OR SERVICES; (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF ANY PERSONAL INFORMATION OR USER DATA; (d) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE SITE OR SERVICES; (e) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THE SITE OR SERVICES BY ANY THIRD PARTY; OR (f) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED OR SHARED THROUGH THE SITE OR SERVICES.

    YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR SERVICES, INCLUDING WITHOUT LIMITATION, Shoutout VIDEOS, IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING FROM DOING SO. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE OR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE

    TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING FOR LOSS OF PROFITS, REVENUE, OR DATA) OR FOR THE COST OF OBTAINING SUBSTITUTE PRODUCTS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, HOWEVER CAUSED, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT WE'VE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

    TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL CUMULATIVE LIABILITY TO YOU OR ANY THIRD PARTY UNDER THESE TERMS, FROM ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY, WILL BE LIMITED TO AND WILL NOT EXCEED THE FEES YOU HAVE ACTUALLY PAID US DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM GIVING RISE TO SUCH LIABILITY.

    You understand and agree that we have set our prices and entered into these Terms with you in reliance upon the limitations of liability set forth in these Terms, which allocate risk between us and form the basis of a bargain between the parties.


  25. Indemnification
  26. You agree to indemnify and hold harmless Shoutout and its Affiliates from and against any and all claims, costs, proceedings, demands, losses, damages, and expenses (including, without limitation, reasonable attorney's fees and legal costs) of any kind or nature, arising from or relating to, (a) any actual or alleged breach of these Terms by you or anyone using your account, (b) your, or anyone using your account, violation of any laws or regulations, or (c) your gross negligence or willful misconduct. If we assume the defense of such a matter, you will reasonably cooperate with us in such defense.


  27. Arbitration Agreement & Waiver of Certain Rights
  28. You are entering this Agreement with Shoutout's operator, Shoutout Pte. Ltd. This Agreement is governed by Singapore law. If a dispute does arise, both parties agree to first submit for mediation at the Singapore Mediation Centre ("SMC") in accordance with SMC's Mediation Procedure in force for the time being. Either party may submit a request to mediate ("Request") to SMC upon which the other party will be bound to participate in the mediation within 30 days. You must be represented by yourself or someone who has the authority to negotiate and settle the dispute on your behalf. Unless otherwise agreed by the parties, the Mediator(s) will be appointed by SMC. The mediation will take place in Singapore in the English language and the parties agree to be bound by any settlement agreement reached. In the event that a settlement agreement cannot be reached for any or all parts of the dispute within 120 days from the earliest date of the Request, any unresolved dispute or claim shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre ("SIAC") for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of arbitration shall be Singapore. The Tribunal shall consist of 1 arbitrator. The language of the arbitration shall be English.


  29. Other Provisions
  30. Under no circumstances will we be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond our reasonable control.

    These Terms will be governed by and construed in accordance with the laws of the State of Singapore, without giving effect to any conflict of laws rules or provisions.

    You agree that any action of whatever nature arising from or relating to these Terms, the Site, or Services will be filed only in the state or federal courts located in Singapore. You consent and submit to the personal jurisdiction of such courts for the purposes of any such action.

    If any provision of these Terms is found to be unlawful or unenforceable, then that provision will be deemed severable from these Terms and will not affect the enforceability of any other provisions.

    The failure by us to enforce any right or provision of these Terms will not prevent us from enforcing such right or provision in the future.

    We may assign our rights and obligations under these Terms, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law.


  31. Changes to these Terms
  32. From time to time, we may change these Terms. If we change these Terms, we will give you notice by posting the revised Terms on the Site. Those changes will go into effect on the Revision Date shown in the revised Terms. By continuing to use the Site or Services, you are agreeing to the revised Terms.

Please print a copy of these Terms for you records and PLEASE check the Site frequently for any changes to these Terms.




Talent Terms of Service

Revised: April 1, 2020

These Terms of Service ("Terms") govern your use of the Shoutout website ("Site") and any Shoutout mobile application and other services offered by Shoutout Pte Ltd ("Services"). Shoutout Pte Ltd ("we." "us," or "Shoutout") provides the Site and Services. "You" refers to you as an athlete or influencer user of the Site or Services.

BY USING THE SITE OR SERVICES, YOU ARE AGREEING TO THESE TERMS. PLEASE READ THEM CAREFULLY.


  1. Your Obligations
  2. Shoutout Videos. You agree to record and upload to the Site using the Services one (1) video recording for each user ("End User>") who requests such recording from you ("Shoutout Video"); provided, however, in the event of a scheduling or other conflict, you may reject the request within one hundred and sixty eight (168) hours. Each Shoutout Video will be approximately twnety seconds (:20) in duration and will be made in accordance with the general directions and requests of the End User (e.g., birthday message, or "Good luck!" message). You will have sole discretion over the script and content of any Shoutout Videos. You may refuse to create or upload a Shoutout Video if an End User's request is objectionable or otherwise offensive to you in your sole discretion. You must reject the request within one hundred and sixty eight (168) hours. No money will be paid to you for any rejected Shoutout Video request. All Shoutout Videos must be uploaded within one hundred and sixty eight (168) hours of the request.


  3. Fees and Payment
  4. Fees: Subject to these Terms, we will pay to you seventy five percent (75%) of the revenue received by Shoutout from each End User for each Shoutout Video sold by you on the Site through the Services. You will set your own price for each Shoutout Video, provided, however, that your price must be at least equivalent to five dollars (SGD$5/MYR20/USD$5) per Shoutout Video. Shoutout Videos are non-guild activities and there will be no residual or any other type of payment due in connection with them.

    Payment: You must register with paypal.com and provide the required bank account information in order to receive payment from Shoutout. Payment will be made within two (2) weeks of receipt by us of payment from the End User for your Shoutout Video. Paypal.com is not operated by or associated with Shoutout and your use of paypal.com is subject to their terms. We reserve the right to change payment providers at any time and to require you to sign up with that new payment provider. We are not responsible for any delays or failures to receive payment caused by a third party payment provider or by your failure to timely or properly set up an account with the payment provider or to otherwise provide requested information for payment.


  5. User Content
  6. The Site and some of our Services allow you to upload, submit, store, send, or receive content and data, including your Shoutout Videos and Promotional Materials ("User Content"). You retain ownership of any intellectual property rights that you hold in your User Content.

    When you upload, submit, store, send, or receive User Content to or through the Site or Services, you give us permission to reproduce and use your User Content as follows: you grant to us and those we work with a license to use, host, store, reproduce, modify, create derivative works (such as translations, adaptations, or other changes we make so that User Content works better with the Site and Services), publicly perform, publicly display, and distribute your User Content on the Site and also on social media and on other websites and media. This license is for the limited purpose of operating, promoting, and improving the Site and Services, and to develop new Services. Our license to your User Content is non-exclusive, meaning you may use the User Content for your own purposes or let others use your User Content for their purposes. This license is fully-paid and royalty free, meaning we do not owe you anything else in connection with our use of your User Content. We may exercise our rights under this license anywhere in the world. We may sublicense our rights to End Users and otherwise as needed to provide the Site and Services. Lastly, this license is perpetual, meaning that our rights under this license continue even after you stop using the Site and Services. You agree that we may display advertising with or in connection with your User Content.

    You represent and warrant that:

    1. you own all rights in and to your User Content and that you have the right to give us the rights described above;
    2. you have paid and will pay in full any fees or other payments that may be related to the use of your User Content; and
    3. your User Content does not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party

    Any User Content will be non-confidential and non-proprietary and we will not be liable for any use or disclosure of User Content. You acknowledge and agree that your relationship with us is not a confidential, fiduciary, or other type of special relationship, and that your decision to submit any User Content does not place us in a position that is any different from the position held by members of the general public, including with regard to your User Content. None of your User Content will be subject to any obligation of confidence on our part and we will not be liable for any use or disclosure of any User Content you provide.

    We may refuse to accept or transmit User Content for any reason. We may remove User Content from the Site or Services for any reason.

    If you cancel your Shoutout account, you may request that Shoutout no longer display your Shoutout Videos on the Site or through the Services and that we not make any new uses of your Shoutout Video. We cannot, however, restrict the use of your Shoutout Videos by the End Users for whom you created them and we cannot remove any other existing uses of your Shoutout Videos.


  7. Ownership
  8. Other than User Content, we own or license all right, title, and interest in and to (a) the Site and Services, including all software, text, media, and other content available on the Site and Services ("Our Content"); and (b) our trademarks, logos, and brand elements ("Marks"). The Site and Services, Our Content, and Marks are all protected under Singapore and international laws. The look and feel of the Site and Services are copyright ? Shoutout, Inc. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS, Javascript, or visual design elements or concepts without express written permission from us.


  9. Additional Terms
  10. Some of our Services have additional terms and conditions ("Additional Terms"). Where Additional Terms apply to a Service, we will make them available for you to read through your use of that Service. By using that Service, you agree to the Additional Terms.


  11. Eligibility
  12. You must be at least 13 years old to use the Site or the Services. If you are under the age of majority in your state of residence, a minor, your parent or legal guardian must agree to these Terms on your behalf and you may only access and use the Site and Services with permission from your parent or legal guardian.


  13. Acceptable Use of the Site and Services
  14. You are responsible for your use of the Site and Services, and for any use of the Site or Services made using your account. Our goal is to create a positive, useful, and safe user experience. To promote this goal, we prohibit certain kinds of conduct that may be harmful to other users or to us. When you use the Site or Services, you may not:

    • violate any law or regulation;
    • violate, infringe, or misappropriate other people's intellectual property, privacy, publicity, or other legal rights;
    • post or share anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable;
    • send unsolicited or unauthorized advertising or commercial communications, such as spam;
    • engage in spidering or harvesting, or participate in the use of software, including spyware, designed to collect data from the Site or Services;
    • transmit any viruses or other computer instructions or technological means whose purpose is to disrupt, damage, or interfere with the use of computers or related systems;
    • stalk, harass, or harm another individual;
    • impersonate any person or entity or perform any other similar fraudulent activity, such as phishing;
    • use any means to scrape or crawl any Web pages contained in the Site;
    • attempt to circumvent any technological measure implemented by us or any of our providers or any other third party (including another user) to protect the Site or Services;
    • attempt to decipher, decompile, disassemble, or reverse engineer any of the software or other underlying code used to provide the Site or Services; or
    • advocate, encourage, or assist any third party in doing any of the foregoing.

    You acknowledge that we are not obligated to monitor your (or any other person's) access to or use of the Site or Services, but we have the right to do so in order to operate the Site or Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.


  15. Copyright and Intellectual Property Policy
  16. We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the Singapore Copyright Act. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent named below:

    Your address, telephone number, and email address.

    • A description of the copyrighted work that you claim has been infringed.
    • A description of where the alleged infringing material is located.
    • A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law.
    • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
    • A statement by you, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.

    Copyright Agent:
    legal@shoutout.studio

    For clarity, only copyright infringement notices should go to our Copyright Agent. You acknowledge that if you fail to comply with all of the requirements of this section your notice may not be valid.

    If you believe the content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use such content, you may submit a counter-notice to the address listed above containing the following information:

    • Your physical or electronic signature;
    • Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
    • A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
    • Your name, physical address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Singapore, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

    After we receive your counter-notification, we will forward it to the party who submitted the original claim of copyright infringement. Please note that when we forward the counter-notification, it includes your personal information. By submitting a counter-notification, you consent to having your information revealed in this way. We will not forward the counter-notification to any party other than the original claimant.

    After we send out the counter-notification, the claimant must then notify us within 10 days that he or she has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the content that was removed or disabled. If we receive such notification we will be unable to restore the material. If we do not receive such notification, we may reinstate the material.


  17. Privacy
  18. Your privacy is very important to us. Our Privacy Policy explains how we collect, use, protect, and when we share personal information and other data with others. You are responsible for maintaining the confidentiality of your account information, including your username and password. You are responsible for all activities that occur under your account and you agree to notify us immediately of any unauthorized access or use of your account. We are not responsible or liable for any damage or loss related to any unauthorized access or use of your account.


  19. Third Party Content and Interactions
  20. The Site and Services may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of us, including websites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet in general. Your interactions with organizations or individuals, including End Users, found on or through the Site and Services are solely between you and such organizations or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any interaction with any of these third parties. You agree that we are not responsible or liable for any loss or damage of any kind or nature incurred as the result of any such dealings. If there is a dispute between users of the Site or Services, or between users and any third party, you understand and agree that we are under no obligation to become involved. In the event that you have a dispute with any other user of the Site or Services, you hereby release us and our affiliates, and all of our officers, employees, agents, and successors from claims, demands, and damages (actual and consequential) of every kind or nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes or the Site and Services.


  21. Independent Contractor
  22. You and Shoutout agree and declare that these Terms create an independent contractor relationship and it is the parties' express intent that their relationship be interpreted and held to be that of independent contractor for all purposes. You are not a joint venturer with, or franchisee, partner, agent, or employee of Shoutout. You are solely and exclusively responsible for determining the manner, method, details, and means of your performance under these Terms. We have no right to, and will not, control the manner or determine the method of accomplishing your performance. You assume sole liability for and will pay all employment taxes (including Social Security), income taxes, and other reports required by your activities under these Terms and will abide by all federal, state, and local laws governing your performance under these Terms. You will use your own equipment to perform your obligations under these Terms. You are solely responsible for making any disclosures required by law or any agreements you may have with any third parties to any person or entity regarding your performance under this Agreement. The parties' relationship is non-exclusive, meaning that you can provide similar services to other organizations on terms and at times determined by you and that we can and do engage others to provide similar services to those contemplated by these Terms.


  23. Links
  24. The Site and Services may contain links to other websites and online resources. A link to a third party's website does not mean that we endorse it or that we are affiliated with it. We are not responsible or liable for any damage or loss related to the use of any third-party website. You should always read the terms and conditions and privacy policy of a third-party website before using it.


  25. Changes to the Site or Services
  26. We enhance and update the Site and Services often. We may change or discontinue the Site or Services at any time, with or without notice to you.


  27. Termination
  28. You may cancel your account at any time through a link provided in your account on the Site. We reserve the right to not provide the Site or Services to any person. We also reserve the right to terminate any user's right to access the Site or Services at any time, in our discretion. If you violate any of these Terms, your permission to use the Site and Services automatically terminates.


  29. Disclaimer and Limitations on Our Liability
  30. YOU USE THE SITE AND SERVICES AT YOUR OWN RISK. THE SITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, Shoutout AND ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, AND LICENSORS ("AFFILIATES") DISCLAIM ALL WARRANTIES, CONDITIONS, AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING THOSE RELATED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT AND THOSE ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

    IN PARTICULAR, Shoutout AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE SITE OR SERVICES, OR THE CONTENT OF ANY WEBSITES OR ONLINE SERVICES LINKED TO OR INTEGRATED WITH THE SITE OR SERVICES. Shoutout AND ITS AFFILIATES WILL HAVE NO LIABILITY FOR ANY: (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (b) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE SITE OR SERVICES; (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF ANY PERSONAL INFORMATION OR USER DATA; (d) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE SITE OR SERVICES; (e) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THE SITE OR SERVICES BY ANY THIRD PARTY; OR (f) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED OR SHARED THROUGH THE SITE OR SERVICES.

    YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR SERVICES IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING FROM DOING SO. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE OR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE.

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