Shoutcart Platform Influencer Terms of Service
Last Updated: January 1, 2018
THESE TERMS OF SERVICE INCLUDE A CLASS ACTION WAIVER
The Platform is provided solely (the “Permitted Use”) to: (1) assist you in gathering information about the various types of Campaign opportunities and Influencers available on the Platform, including profiles, price ranges, and Influencer descriptions (each, a “Influencer Profile”); (2) enable you to post information regarding your Campaign and to respond to any Campaign opportunities; (3) post reviews of Advertisers and Influencers; (4) facilitate communication with Advertisers or Influencers with the objective of entering into a Campaign Agreement; and (5) facilitate the transmission of payments from the Advertiser to Influencer under a Campaign Agreement (“Platform Services”).
Shoutcart reserves the right to change any information, material or content (including, but not limited to, price, features, availability of Influencers, Influencer Profiles, types of Campaigns, and reviews of Influencers and Advertisers) contained on or provided through the Platform (the "Content") at any time, and from time to time, without notice.
Overview (Main terms, in a nutshell)
- Shoutcart influencers reserve the right to refuse any shoutout request if promotional image does not adhere to their content guidelines (balance refund will be provided).
- Shoutcart influencers may require additional information before posting a shoutout, please allow up to 72 hours after scheduled time of post, for Shoutcart influencer to contact you or update you on the status of your campaign.
- Orders under $50 require payment by balance which is refillable on your Balance page.
- You are eligible for cancellation and reversal of advertiser balance 72hr after your preferred shoutout time. Simply login and cancel the shoutout on order view.
- Permanent orders with bio links, are eligible to have bio link published for 24 hours, after which the influencer is allowed to remove the link.
- While permanent shoutouts do stay on influencer profiles for the lifetime of their account, Shoutcart can not guarantee that shoutouts stay published on influencers profiles longer than 30 days.
- You must own, have administrative privileges, or have proper publicist relations on behalf of the account/influencer you are providing services for.
- You are not allowed to solicit customers and advertisers outside of Shoutcart regarding payments for your Shoutcart orders. Payments and all financials are handled by Shoutcart.
- You must notify Shoutcart if you are unable to post a shoutout or if shoutout conflicts with your ad policies within 48 hours of receiving the order.
- You must NOT modify, change or otherwise edit the caption and media attachment of the shoutout order. Its better to cancel the order and notify Shoutcart.
- You must NOT share opinions about Shoutcart orders in public form (comments, direct messages, order captions). Influencers will forfeit earnings if this rule is broken.
- Our software will verify if you publish shoutout orders, but you must take screenshots of every shoutout, and upload them to our system in case of stopped order as well as for your own safety against disputes later.
- Influencers that fail to post more than 2 consecutive orders may be subject to removal from Shoutcart and their selling privilege permanently suspended.
- Influencers that fail to upload screenshots (or provide a link) for stopped orders, may have their withdrawal not processed until proof is provided and verified by Shoutcart team member.
- Permanent shoutouts are required to stay on your social media account for the lifetime of your account. If permanent shoutouts are removed from your social media account, you will be subject to removal from Shoutcart and fees for all your shoutouts reversed from your balance.
- If you remove your social media account from Shoutcart, you don’t get paid on pending withdrawal requests.
- If you are caught breaking any of the rules above, your account will be terminated, selling privilege permanently suspended and balance returned to advertisers.
Cancellations and Refunds of Campaign Deposits
- Its possible that your shoutout might not get posted by our influencers for various reasons. 72hrs after your preferred shoutout time, you will be able to cancel the shoutout and claim credit to your balance.
- Once your shoutout order changes from pending to running status, your payment is not refundable.
- No refunds will be made on orders that have been shouted out incorrectly due to advertiser error (such as forgetting to include your username or spelling usernames incorrectly).
- Due to the nature of our service, generally, refunds will not be offered. Exceptions to this rule would be fraudulent deposits and misuse of the network.
- Only full deposit amounts are eligible for refund. If you manage to spend your balance partially, you are not eligible for a refund, and will have to spend the entire remaining balance on shoutouts. We may charge a $5 refund processing fee on case by case basis.
- Advertiser balances are not refundable after 45 days of sitting idle in Shoutcart account.
Use of the Platform
You will be required to successfully sign up for a user account (the “User Account”) using the available interfaces at the Platform and be issued with a username and password login credentials by Shoutcart (“User ID”) in order to use the Platform and communicate with Advertisers and Influencers through the Platform. If you are issued with a User ID, you shall keep your User ID secure and shall not share your User ID with anyone else, and you shall not collect or harvest any personal data of any other user of Shoutcart, including account names. Shoutcart reserves the right to disable any User Account issued to you at any time in Shoutcart’s sole discretion. If Shoutcart disables access to a User Account issued to you, you may be prevented from accessing Shoutcart, your account details or any Campaigns that are associated with your account.
Term and Termination
We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. You may cancel your Account at any time by sending an email to us at email@example.com Upon any termination, discontinuation or cancellation of Services or your Account, all provisions of these Terms which by their nature should survive will survive, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions
All Content, including (without limitation) all designs, infrastructure graphics, pictures, illustrations, software, artwork, video, music, sound, names, words, titles, phrases, logos and marks displayed on the Platform, are owned or licensed by Shoutcart and are protected by copyright, trade-mark and other intellectual property laws.
All contents of the Shoutcart website are: © 2015 Shoutcart, LLC.
No Unlawful or Prohibited Use
You shall not, without Shoutcart's prior written permission, use the Platform and the Content for purposes other than the Permitted Use. Without limiting the generality of the foregoing, you shall not, and shall not permit anyone else to:
(a) “frame”, “mirror” or otherwise incorporate the Platform or the Content or any part thereof on any commercial or non-commercial website;
(b) access, monitor or copy any part of the Platform or the Content using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
(c) violate the restrictions in any robot exclusion headers on the Content or the Platform or bypass or circumvent other measures employed to prevent or limit access to the Platform;
(d) take any action that imposes, or may impose, in Shoutcart’s discretion, an unreasonable or disproportionately large load on the Platform;
(e) deep-link to any portion of the Platform for any purpose;
(f) remove (or permit anyone else to remove) any watermarks, labels or other legal or proprietary notices included in any Campaign, the Platform or the Content;
(g) modify or attempt to modify (or permit anyone else to modify or attempt to modify) the Platform or any Campaigns, including any modification for the purpose of disguising or changing any indications of the ownership or source of the Platform or a Campaign
(h) use the Platform or any Campaign or Content as part of any service for sharing, lending or multi-person use, or for the purpose of any other institution, except as specifically permitted by an applicable Campaign Agreement and only in the exact manner specified and enabled by therein;
(i) attempt to, assist, authorize or encourage others to circumvent, disable or defeat any of the security features or components, such as digital rights management software or encryption, that protect the Platform;
(j) copy, reproduce, modify, distribute, transfer, sell, publish, broadcast, perform, transmit, publish, license or circulate in any form any part of the Platform or the Content;
(k) create derivative works based on the Platform or the Content, in whole or in part, or to decompile, disassemble, reverse engineer or other exploit any part of the Platform or the Content;
(l) use of access the Platform in a manner that violates the rights (including, but not limited to intellectual property rights) of any third party; or
(m) upload to or transmit through the Platform any information, images, text, data, media or other content that is offensive, pornographic, hateful, obscene, defamatory or violates any laws or regulations (including but not limited to criminal laws and FTC regulations), in each case as determined by Shoutcart in its sole discretion,
(n) post, upload, publish, submit or transmit any Content that:
(i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;
(ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
(iii) is fraudulent, false, misleading or deceptive;
(iv) is defamatory, obscene, pornographic, vulgar or offensive;
(v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
(vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or
(vii) promotes illegal or harmful activities or substances.
You shall be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of content to the Platform. You acknowledge that Shoutcart may exercise its rights (e.g. use, publish, delete) to use any Submissions without any notice to you.
Third Party Websites
The Platform may provide links to third party websites. Shoutcart does not endorse the information contained on those web sites or guarantee their quality, accuracy, reliability, completeness, currency, timeliness, non-infringement, merchantability or fitness for any purpose. The content in any linked web site is not under Shoutcart's control, and if you choose to access any such web site, you do so entirely at your own risk.
Shoutcart may enable you to link your User Account with a valid account on a third party social networking, email or content service such as Facebook, YouTube, or Twitter, (such service, a “Third-Party Service” and each such account, a “Third-Party Account”) by allowing Shoutcart to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account information to Shoutcart and/or grant Shoutcart access to your Third-Party Account (including, but not limited to, for use for the purposes described herein) without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating Shoutcart to pay any fees or making Shoutcart subject to any usage limitations imposed by such third-party service providers.
By granting Shoutcart access to any Third-Party Accounts, you understand that Shoutcart may access, make available and store (if applicable) any information, data, text, software, music, sound, photographs, graphics, video, messages, tags and/or other materials accessible (“Content”) that you have provided to and/or stored in your Third-Party Account (“TPS Content”) so that it is available on and through the Shoutcart Platform via your User Account. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your User Account on the Shoutcart Platform. You hereby authorize Shoutcart to retrieve information from, and submit information to, such Third Party Services at your request; and to provide Services relating to any information we retrieve from those Third-Party Accounts. Please note that if a Third-Party Account or associated service becomes unavailable or Shoutcart’s access to such Third-Party Account is terminated by the third-party service provider, then TPS Content will no longer be available on and through the Shoutcart Materials. You have the ability to disable the connection between your Account and your Third-Party Accounts at any time by accessing the “Settings” section. In most cases, we do not actually store the entirety of your TPS Content, but instead we collect and store the metadata associated with such TPS Content. You hereby authorized such collection and storage.
Relationship with Third-Party Services . PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS, AND Shoutcart DISCLAIMS ANY LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED TO IT BY SUCH THIRD-PARTY SERVICE PROVIDERS IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH THIRD-PARTY ACCOUNTS. Shoutcart makes no effort to review any TPS Content for any purpose, including but not limited to, for accuracy, legality or non-infringement, and Shoutcart is not responsible for any TPS Content. You should note that a Third-Party Service may change or amend its guidelines and our access to it at any time, and we cannot guarantee that our Services will always include a connection to such Third Party Service.
We may hire other companies to perform certain business related functions such as processing payments on our behalf. Our payment processing partner may request that you provide certain personal data (e.g., a valid government issued ID, your legal name, address, and data of birth) for the purpose of making payment through its financial institutions and complying with any federal and state laws and regulations. They may also communicate directly with you regarding any issues with a payment. Any information provided to our third party will be confidential and only be used for intended purposes.
The downloading and viewing of Content is done at your own risk. Shoutcart cannot and does not guarantee or warrant that the Platform or the Content are compatible with your computer system or that the Platform or the Content, or any links from the Platform or the Content, shall be free of viruses, worms, trojan horses or disabling devices or other code that manifests contaminating or destructive properties. You are responsible for implementing safeguards to protect the security and integrity of your computer system, and you are responsible for the entire cost of any service, repairs or connections of and to your computer system that may be necessary as a result of your use of the Platform.
Communications Not Confidential
Shoutcart does not guarantee the confidentiality of any communications made by you through the Platform. Although Shoutcart generally adheres to the accepted industry practices in securing the transmission of data to, from and through the Platform, you understand, agree and acknowledge that Shoutcart cannot and does not guarantee the security of data transmitted over the Internet or public networks in connection with your use of the Platform or any Campaigns.
DISCLAIMER AND LIMITATION OF LIABILITY
THE PLATFORM AND THE CONTENT ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. USE OF THE PLATFORM OR THE CONTENT IS AT YOUR OWN RISK. SHOUTCART DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS ABOUT THE QUALITY, ACCURACY, RELIABILITY, COMPLETENESS, CURRENCY, OR TIMELINESS OF THE PLATFORM OR THE CONTENT. THE PLATFORM AND THE CONTENT MAY INCLUDE ERRORS, OMISSIONS AND INACCURACIES, INCLUDING, WITHOUT LIMITATION, PRICING ERRORS. SHOUTCART DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY ERRORS, OMISSIONS OR INACCURACIES IN THE PLATFORM OR THE CONTENT. IN ADDITION, SHOUTCART EXPRESSLY RESERVES THE RIGHT TO CORRECT ANY PRICING ERRORS ON THE PLATFORM.
BUSINESS, INFLUENCER AND CAMPAIGN REVIEWS DISPLAYED ON THE SITE ARE INTENDED AS ONLY GENERAL GUIDELINES, AND SHOUTCART DOES NOT GUARANTEE THE ACCURACY OF THE REVIEWS. SHOUTCART MAKES NO GUARANTEES ABOUT THE AVAILABILITY OF SPECIFIC BUSINESSES, CAMPAIGNS OR TYPES OF CAMPAIGNS.
TO THE FULLEST EXTENT PERMITTED BY LAW, SHOUTCART DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WITH RESPECT TO THE PLATFORM AND THE CONTENT WHETHER EXPRESS, IMPLIED, STATUTORY OR COLLATERAL, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OR THAT THE PLATFORM OR THE CONTENT ARE OR WILL BE ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION. IN NO EVENT WILL SHOUTCART BE LIABLE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, FOR ANY DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOST PROFITS, LOSS OF USE, LOSS OF DATA, PERSONAL INJURY, FINES, FEES, PENALTIES OR OTHER LIABILITIES), WHETHER OR NOT SHOUTCART IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM OR RELATED TO THE USE OF, OR THE INABILITY TO MAKE USE OF, THE PLATFORM OR THE CONTENT OR ANY CAMPAIGN AGREEMENT.
BUSINESSES ENGAGING YOUR SERVICES AND INFLUENCERS MARKETING THEIR SERVICES THROUGH THE PLATFORM ARE INDEPENDENT ORGANIZATIONS AND NOT CONTRACTORS, AGENTS OR EMPLOYEES OF SHOUTCART. SHOUTCART IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY BUSINESSES OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM AND TAKES NO RESPONSIBILITY WHATSOEVER RELATED TO ANY CAMPAIGNS OR CAMPAIGN AGREEMENTS.
The limitations above reflect the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose.
Limitations Period . YOU AND SHOUTCART AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS, THE SHOUTCART WEBSITE, THE SERVICES OR THE CAMPAIGNS MUST COMMENCE WITHIN THREE (3) MONTHS AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Geographic Application of the Platform
Not all of the Influencers, Campaigns and services described on the Platform are available in all jurisdictions. Furthermore, nothing on the Platform constitutes an offer or solicitation to buy or sell any product or service to anyone in any jurisdiction in which such an offer or solicitation is prohibited by law.
Entire Agreement, Waiver and Severability