Terms of Use

By using this website, you accept the terms of this Terms of Use agreement. This is a legally binding agreement between you and SpoutOut. 

SpoutOut may occasionally change the terms of this agreement. By continuing to use this website, you agree to be bound by this agreement, as modified.

1. User Conduct

You must be 13 years or older to use the SpoutOut service. You are responsible for any content you post.

You must not abuse, harass or threaten anyone on this website or through this website.

You may NOT:

  • Post unlawful, harmful, or obscene content.
  • Forge headers or otherwise impersonate someone.
  • Post content you do not have the right to transmit.
  • Post content that infringes on trademarks or copyrights.
  • Post viruses or malicious scripts.
  • Post spam or link bait.
  • Stalk or collect data about others.
  • Crawl content without permission from SpoutOut.

You must not use this website for any illegal or unauthorized purpose and you must agree to comply with all local laws regarding online conduct and acceptable content. You must not use this website to violate any laws in your jurisdiction.
 
You are solely responsible for your conduct and any content that you submit, post, or display on this website. You must not transmit any worms or viruses or any code of a destructive nature.
 
We may remove content and accounts containing content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable.

2. Your Rights

You retain your rights to any Content you submit, post or display on or through the Services. By submitting, posting or displaying Content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed).

This license is you authorizing us to make your Spouts available to the rest of the world and to let others do the same. But what’s yours is yours – you own your content.
You agree that this license includes the right for SpoutOut to make such Content available to other companies, organizations or individuals who partner with SpoutOut for the syndication, broadcast, distribution or publication of such Content on other media and services, subject to our terms and conditions for such Content use.

Such additional uses by SpoutOut, or other companies, organizations or individuals who partner with SpoutOut, may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Services.

We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.

You are responsible for your use of the Services, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and our third party partners. You understand that your Content may be rebroadcasted by our partners and if you do not have the right to submit Content for such use, it may subject you to liability. SpoutOut will not be responsible or liable for any use of your Content by SpoutOut in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.

SpoutOut gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software that is provided to you by SpoutOut as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by SpoutOut, in the manner permitted by these Terms.

3. SpoutOut Rights

All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of SpoutOut and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms gives you a right to use the SpoutOut name or any of the SpoutOut trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding SpoutOut, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

4. Copyright Complaints

SpoutOut respects the intellectual property of others and will respond expediently to claims of intellectual property infringement. Upon receipt of notices complying with the Digital Millennium Copyright Act ("DMCA"), SpoutOut will remove any material claimed to be infringing and will terminate the accounts of infringers.

To provide SpoutOut notice of infringement, please provide a written communication that includes the information specified by the DMCA to copyright@spoutout.com. Materially misrepresenting that an activity is infringing intellectual property may cause you to be liable for damages, so please seek an attorney if you are unsure whether an activity is infringing intellectual property.

5. DISCAIMER OF WARRANTIES, LIMITATION OF LIABILITY, AND INDEMNIFICATION

SPOUTOUT PROVIDES THE SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. SPOUTOUT SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, INFORMATION ACCURACY, INTEGRATION, INTEROPERABILITY OR QUIET ENJOYMENT.

You understand and agree that you use the Site and Services at your own discretion and risk and that you will be solely responsible for any damages that arise from such use.

IF YOU RELY ON THIS WEBSITE OR ANY INFORMATION, PRODUCT OR SERVICE AVAILABLE THROUGH THIS WEBSITE, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, INACCURACIES, AND/OR OTHER PROBLEMS WITH THE INFORMATION, PRODUCTS, AND SERVICES PUBLISHED ON OR PROMOTED OVER THIS SITE. THIS WEBSITE IS PROVIDED TO YOU "AS IS." SPOUTOUT AND ITS AFFILIATES, AGENTS AND LICENSORS, CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH THIS WEBSITE (OR ANY INFORMATION, GOODS OR SERVICES THAT ARE REFERRED TO, ADVERTISED OR PROMOTED ON, OR SOLD THROUGH THIS WEBSITE). NOR DO WE OR THEY GUARANTEE THAT THE WEBSITE WILL BE ERROR FREE, OR CONTINUOUSLY AVAILABLE, OR THAT THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

UNDER NO CIRCUMSTANCES WILL SPOUTOUT OR ITS AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES OTHER THAN DIRECT DAMAGES, ARISING OUT OF YOUR USE OF THIS WEBSITE OR ANY PRODUCT OR SERVICE LINKED TO FROM OR ADVERTISED OR PROMOTED ON THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR OTHER DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS OR LOSS OF DATA), EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIABILITY OF SpoutOut AND ITS AFFILIATES, AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM ARISING OUT OF OR OTHERWISE RELATED TO THIS WEBSITE WILL NOT EXCEED THE AMOUNT YOU PAID, IF ANY, FOR THE USE OF THE WEBSITE OUT OF WHICH SUCH LIABILITY ALLEGEDLY ARISES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS SPOUTOUT ITS EMPLOYEES, OWNERS, REPRESENTATIVES, AND LICENSEES AGAINST ANY AND ALL CLAIMS, OF WHATEVER NATURE, THAT ARISE OUT OF USE OF THIS WEBSITE.

6. Termination

SpoutOut may suspend or terminate any service or account immediately, without prior notice or liability. Upon termination of your account, your right to SpoutOut's services will immediately cease.

Last modified: February 23, 2011