Terms of Service
Last updated: November 04, 2021
Please review our Terms of Service before participating with Star Shoutout as a Customer (Fan), as a Star or as a Charity (Non-Profit)
The following terms are applicable for conducting business with us.
Interpretation and Definitions
The words of which the initial letter is capitalized have meanings defined under the following conditions.
The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
For the purposes of this Terms and Conditions:
- You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
- Star means the provider of the Star Shoutout (Product).
- Star Shoutout means the video recording from the Star to the Customer (Fan)
- Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Star Shoutout, Inc., 5 Cowboys Way, Suite 300 Frisco, TX 75034, USA.
- Service refers to the Website.
- Website refers to Star Shoutout, accessible from https://starshoutout.com
- Goods or Products refer to the items offered for sale on the Service.
- Orders mean a request by You to purchase Goods from Us.
- Auction means an event over a period of time that a registered user increases the bid until the auction ends at which time the highest bidder wins and donates/pays that amount.
- Sponsored Charities means a Charity that we have selected to receive full or partial donations made by you through the purchase of a Star Shoutout on our website.
- Buyer means the winner of the auction or the purchase of the Star Shoutout.
YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE FOLLOWING TERMS AND CONDITIONS OF THE WEBSITE & SERVICES AND HEREBY AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS AND BE RESPONSIBLE AND PAY FOR ALL PURCHASES.
Star Shoutout provides a web and mobile-based platform that creates a unique opportunity for social giving for various important personal or humanitarian causes worldwide. We match the “Star Power” of Celebrities, Athletes, and Influencers (we call them Stars) with Charities and Fans through our Star Shoutout experience. From time to time we may host a special event to help with a national or global cause, or we may offer Star Shoutouts for other events, or just plain fun.
A Star Shoutout is a customized, short 15-60 second video recorded by the Star on a mobile device and delivered to the customer through our Star Shoutout website and mobile platform. When a Star Shoutout auction ends, the highest bidder (winner) will be notified by email. Upon full payment, our 24 hour processing period begins and after 24 hours, the Star is delivered the order and has up to 14 days to record the Star Shoutout at which time you will be notified and have access to download and share the Star Shoutout video from your My Customer area.
Customer Licensure (Star Shoutout Receiver)
To protect both you and the Star, and to be in compliance with Federal and Local authorities, Star Shoutouts are conveyed through a non-commercial use license unless purchases through our commercial and business services. By accepting these terms and conditions, you hereby agree to the following:
- You are the owner of the rights to this non-exclusive worldwide license to use the Star Shoutout video for your own non-commercial, non-promotional, and personal use.
- You may not sell your rights to this license.
- You may only sublicense your rights as long as the sublicensee agrees to comply with the terms of this agreement.
- If you breach any of the terms of this license and agreement, this license is revoked.
Star Shoutout Sales & Auctions
All persons who wish to bid in the auction or want to purchase must register by creating an online account. To register, the Bidder must provide all of the registration information requested and sign the Agreement by checking the ‘I AGREE’ box. By checking this box, you acknowledge that you are binding yourself to this contractual agreement. Bidders must be 18 years of age or older and have a valid driver’s license. Star Shoutout reserves the right to refuse to register or admit any person at its sole discretion. Invoices and correspondence relating to purchases will be sent in accordance with the information on the bidder’s registration. Your registration will be accepted but your information will be verified, and your account may be disabled until the necessary information is provided to verify the account.
Payment in full must be paid by Buyer in the form of a money order or major credit card immediately upon the close of auction (if you have a question about whether a credit card is accepted please call Star Shoutout before the sale), prior to the delivery of any Star Shoutout purchased. Star Shoutout reserves the right to refuse credit card payments. Buyer shall pay the purchase price, plus any and all applicable taxes unless such taxes are exempted by law. Payment is expected within the same day as the end of the auction. Unclaimed auctions will be offered by Star Shoutout to the next highest bidder or re-listed. Failure to fulfill Buyer’s payment obligations will affect future bidding privileges.
Stop Payment/Insufficient Funds
Upon making payment for auction, no stop payment of funds will be honored. Any stop payment order shall be deemed by the parties to be prima facie evidence of fraud existing at the time the transaction was consummated and shall be construed by the parties as intent to defraud.
Time of the Auction
An auction starts and will close on the dates specified on the auction item’s detail (product) page. However, Star Shoutout follows the 15-minute Overtime rule. This rule means that the auction can continue for an additional 15 minutes for verified bidders that have bid on any particular Star Shoutout auction prior to the close. The auction has ended when Star Shoutouts’ web site indicates the auction is closed.
To protect the Customer/Donation Provider, the Star and the Charity, Star Shoutout Auctions are processed under strict refund policy. Please read our refund policy carefully found here. https://starshoutout.com/refund-policy/.
Acceptance of Terms
A bid placed by any person shall be conclusive proof that he or she acquainted himself or herself with the terms and conditions of sale and agreed to be bound by such terms and conditions prior to placing any bid.
All Sales Final
ALL SALES ARE FINAL.
Star Shoutouts may be sold with a reserve as a reserve auction. These terms are applicable to all reserve auctions. Star Shoutout maintains the right to withdraw any auction before and during the sale of such auction. The reserve price may not be disclosed. All bids are raised in a minimum of ten-dollar ($10) increments and Star Shoutout, at its sole and complete discretion, may reject a nominal bid advance.
Star Shoutouts may be sold with a “reserve,” a price below which the Star Shoutout will not be sold. Any bid submitted below the reserve price will not result in the purchase of a Star Shoutout. Reserves may be decreased or removed at any time.
All rights granted herein are personal and exclusive to the registered Bidder and may not be assigned or transferred to another person or entity, by operation of law or otherwise. Any attempt to assign or transfer any such rights shall be void and unenforceable. No third party may rely on any benefit or right conferred herein or granted to any Bidder. If you have any questions, please contact Star Shoutout immediately.
Disputes Between Bidders
In case of any dispute between bidders, Star Shoutout, at its sole and complete discretion, may reopen the bidding pursuant to specific terms determined by Star Shoutout between the two highest bidders only, until the Star Shoutout is sold. If a dispute arises after the sale of any Star Shoutout, our records shall be deemed conclusive in all respects.
It is the responsibility of the bidder to make sure that Star Shoutout is aware of his or her intent to place a bid. Star Shoutout accepts Internet (https://starshoutout.com) bids only. Star Shoutout disclaims any liability for damages, whether direct, indirect, consequential, or incidental, resulting from bids not spotted, executed, or accepted. Bidders should also be careful to bid on the correct Star Shoutout and ensure that his/her bid is for the amount intended. Star Shoutout is not responsible for errors in bidding. Bids are raised in a minimum of ten dollar ($10) increments. Once the Buyer submits a bid, it cannot be retracted or withdrawn. Only on the sole discretion of Star Shoutout will any bid retracted or withdrawn. The sale is complete when the Star Shoutout website so announces.
Acceptance of Bids
Star Shoutout reserves the right to refuse to accept any or all bids by Buyer. In addition, Star Shoutout may disqualify any bidder believed to be acting in a fraudulent, illegitimate, not in good faith, manner. Star Shoutout may also disqualify any bids made by someone who is not competent, or made in violation of this Agreement or any applicable law.
- The buyer acknowledges that Star Shoutout does not have any responsibility or liability for the website(s) used for Internet bidding. Seller acknowledges that the Star does not have any control over the website(s) and cannot guarantee its operation or performance. There are occasional interruptions and delays relating to the use of the Internet and the Website. Furthermore, Star Shoutout shall not be held liable (for lost profits or special damages) or responsible for the function of the website or its inability to function. Buyer acknowledges that hardware malfunctions, software malfunctions, viruses, and similar issues do occur and are beyond the knowledge, scope, and control of Star Shoutout.
- The website is administered by Star Shoutout from its offices in the United States of America. Buyers who reside outside of the United States of America and its territories hereby consent to exclusive and continuing jurisdiction in the United States of America and agrees to be bound by and comply with all applicable laws.
- Star Shoutout reserves the right to deny any person for any reason permission or access to bid online.
- Winning bidders will be notified via e-mail, SMS, or phone within 24 hours of the auction close.
Breach of Contract
If this Agreement, or any terms and conditions announced by Star Shoutout, are not complied with, in addition to other remedies available to the seller by law, including without limitation, the right to hold the Buyer liable for the bid price, Star Shoutout may: (1) publicly or privately re-list the auction, with the non-complying Buyer being held liable for the payment of any deficiency purchase price, plus all costs incurred on the subsequent auction; and/or (2) cancel the sale and retain as liquidated damages all payments made by the non-complying Buyer. Star Shoutout’ commissions (if any), all incidental damages, expenses, court costs, costs of collection and/or attorneys’ fees will be charged to and be the responsibility of the non-complying Buyer.
Limitation of Liability
IN NO EVENT SHALL STAR SHOUTOUT BE LIABLE TO BUYER FOR ANY INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES OR LOST PROFITS ARISING OUT OF OR RELATED TO THIS AUCTION OR THE PERFORMANCE OR BREACH THEREOF. STAR SHOUTOUTS’ LIABILITY TO A BIDDER SHALL IN NO EVENT EXCEED THE TOTAL OF THE PURCHASE PRICE, BUYER’S PREMIUM, AND TAXES PAID BY BIDDER TO STAR SHOUTOUT, REGARDLESS OF WHETHER BUYER’S CLAIM IS BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE.
Star Availability and Acceptance
At times, the ability to fulfill a Star Shoutout that has been won in an auction by the Star is limited to the Stars Schedule and location. For this reason, the Star reserves the right to accept or decline the Star Shoutout within 4 days of payment by the buyer. In the event that the Star cannot accept or record the Star Shoutout, you will be notified and provided with two options:
- Substitute with another Star or
- Receive a full refund
We are here to offer Customer Service to our clients and refunds will be or substitutions under certain conditions which will be handled promptly by the company.
If any provision of this Agreement is declared or determined to be null, void, inoperative, illegal or invalid for any reason, the validity of the remaining parts, terms or provisions will not be affected thereby and they will retain their full force and effect, and said null, void, inoperative, illegal or invalid part, term or provision will not be deemed to be part of this Agreement.
Each party to this Agreement acknowledges that it has read, or has had the opportunity to read, the terms provided herein. The parties agree that this Agreement reflects the terms as agreed to by the parties hereto. In the event a term or terms is considered ambiguous, neither party hereto, nor their respective counsel, will be considered the draftsperson of this agreement for the purpose of causing the terms of this Agreement to be construed against a party hereto.
Arbitration – Class Action
PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. Use or accessing the Properties or Offers constitutes your acceptance of this Arbitration provision.
As a condition of using the service, you and we agree that any and all disputes, claims and causes of action (collectively, “Claims”) arising out of or connected with the service (except for small claims court Claims, if applicable) shall be resolved exclusively by binding arbitration under the rules of the American Arbitration Association (“AAA”), including the Supplementary Procedures for Consumer-Related Disputes, for full and final settlement of such Claim applying the Federal Arbitration Act and other federal arbitration laws. YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING YOUR RIGHT TO SUE OR GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS UNDER THIS CONTRACT. YOU AND WE ALSO AGREE THAT (A) ANY CLAIMS WILL BE RESOLVED INDIVIDUALLY NOT AS A PLAINTIFF OR CLASS REPRESENTATIVE, MEMBER OF OTHERWISE ON BEHALF OF OTHERS IN ANY PURPOSED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING AND NOT THROUGH ANY CLASS ACTION, (B) IF A CLAIM PROCEEDS IN COURT ANYWAY, WE BOTH WAIVE ANY RIGHT TO A JURY TRIAL; AND (C) EITHER YOU OR WE MAY SEEK A COURT INJUNCTION REGARDING INTELLECTUAL PROPERTY INFRINGEMENT. ARBITRATION DOES NOT INVOLVE A JUDGE OR JURY. Although court review of an arbitration award may be limited, an arbitrator is empowered to award the same damages and relief as a court, including injunctive relief or statutory damages. Notwithstanding the foregoing, either party may seek temporary or emergency equitable relief to enforce its rights in any court of competent jurisdiction.
You may seek arbitration of a Claim by contacting the company. The arbitration may be conducted via telephone, written submissions or in person in a mutually agreed location. Payment of all filing, administration, arbitrator and/or mediator fees (“Fees”) will be governed by AAA’s rules. The AAA’s rules are available at: www.adr.org. Unless the AAA arbitrator determines that your Claim was frivolous, we will (i) reimburse you for the Fees paid by you, and (ii) will not seek reimbursement from you for our attorneys’ fees and costs associated with the arbitration. You and we further agree that an award and any judgment confirming it only applies to the arbitration in which it was awarded and cannot be used in any other proceeding except to enforce the award itself and any post-arbitration action seeking to enforce an arbitration award or action seeking equitable or injunctive relief shall be brought exclusively in the courts of the State of Wyoming, or the United States District Court for the District of Wyoming. For any Claims that are not subject to arbitration, if any: (a) the exclusive jurisdiction and venue for proceedings involving Claims shall be the courts of competent jurisdiction sitting within the State of Wyoming (the “Forum”), and the parties hereby waive any argument that any such court does not have personal jurisdiction or that the Forum is not appropriate or convenient; (b) you and we waive any and all rights to trial by jury with respect to any Claims.
The parties hereto acknowledge and agree that this Agreement is made and entered into in the State of Wyoming, Laramie County and will in all respects be interpreted, enforced and governed under the internal laws (and not the conflicts of laws) of the State of Wyoming. In the event that the parties hereto, or anyone of them, arbitrate any actual or potential breach of this Agreement, the parties hereto stipulate and agree that the exclusive and continuing venue for any such arbitration will be in Laramie County, State of Wyoming, or the United States District Court, located in the State of Wyoming.
Intellectual Property Infringement
We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on the Service infringes a copyright or other intellectual property infringement of any person.
If You are a copyright owner, or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, You must submit Your notice in writing to the attention of our copyright agent via email at [email protected] and include in Your notice a detailed description of the alleged infringement.
You may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any Content is infringing Your copyright.
DMCA Notice and DMCA Procedure for Copyright Infringement Claims
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest.
- A description of the copyrighted work that You claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.
- Identification of the URL or other specific location on the Service where the material that You claim is infringing is located.
- Your address, telephone number, and email address.
- A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
- A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner’s behalf.
You can contact our copyright agent via email at [email protected] Upon receipt of a notification, the Company will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Service.
The Service and its original content (excluding Content provided by You or other users), features, and functionality are and will remain the exclusive property of the Company and its licensors.
The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.
Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.
Your Feedback to Us
You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.
Links to Other Websites
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven’t purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.
“AS IS” and “AS AVAILABLE” Disclaimer
The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error-free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, time-bombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
If You have any concerns or disputes about the Service, You agree to first try to resolve the dispute informally by contacting the Company in accordance with arbitration clause within this agreement.
For the European Union (EU) Users
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
Severability and Waiver
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material, We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
If you have any questions about these Terms and Conditions, You can contact us:
- By email: [email protected]