FollowOut is an American media and social interaction service.
FOLLOWOUT LLC TERMS OF SERVICE
EFFECTIVE DATE: 02/14/2020
FOLLOWOUT LLC AS ("FollowOut", "Followout", "us", "we", or "our") operates the FOLLOWOUT LLC websites (www.followout.tv, www.followouts.com, www.followout.net) and the Followout mobile platform (Followout). This page informs you of our policies regarding usage of the FOLLOWOUT LLC websites (www.followout.tv, www.followouts.com, www.followout.net) and the Followout mobile platform (Followout).
TERMS OF SERVICE ("Terms")
TERMINATION OR SUSPENSION
We may TERMINATE or SUSPEND your access to our Services immediately, without prior notice or liability, FOR ANY REASON whatsoever, including without limitation if you breach the Terms.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Our Services allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content").
You are responsible for all and any content you submit, post or display, (provide), on the Followout LLC websites (www.followout.tv, www.followouts.com, www.followout.net) and the Followout mobile platform (Followout) and/or the other domains, websites, products, applications, mobile applications, Services provided by FOLLOWOUT LLC.
You are responsible for your use of the Services and for any and all Content you provide. You agree to abide by, and comply with applicable laws, rules, and regulations regarding the content you post on our services. Followout LLC does not endorse any user Content including opinions, statements, or sentiments expressed via the Services. Followout LLC does not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of your Content or communications or any other user's Content or communications posted via the Services.
Only provide Content that you are comfortable sharing with THE ENTIRE WORLD.
Any use or reliance on any Content posted via Followout LLC Services or obtained by you through these Services is at YOUR OWN RISK. ALL Content is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Services and, we cannot take responsibility for such Content.
You understand that by using the Services, you may be exposed to Content that might be deceptive, incomplete, untruthful, inaccurate, unreliable, harmful, offensive, and/or inappropriate.
By submitting, posting, or displaying Content on or through the Services, you grant us a worldwide, perpetual, non-exclusive, royalty-free license, including the right to sublicense, to use, copy, reproduce, process, adapt, modify, publish, transmit, display, distribute, post, and re-post such Content in any and all media or distribution methods via technologies or services that exist now or in the future. This license authorizes Followout LLC including its agents, representatives, consultants, employees, officers, and directors, to make your Content and the Content you provide available to the ENTIRE WORLD and to let others copy, reproduce, process, adapt, modify, publish, transmit, display, distribute, post, and re-post the content you provide on Followout LLC Services to THE ENTIRE WORLD.
You agree that this license includes the right for Followout LLC to provide, market, promote, display, and use the Content you provide to market, sell, and improve the Services and to make Content submitted to or through our Services available to other companies, organizations or individuals for the syndication, broadcast, distribution, promotion, or publication of such Content on other media and services, subject to our terms and conditions for such Content use. Any uses by Followout LLC or other companies, organizations or individuals, or Followout LLC's agents, representatives, consultants, employees, officers, and directors, may be made with no compensation paid to you with respect to the Content that you provide, submit, post, transmit or otherwise make available through the Services.
You retain your rights to any Content you provide on or through the Services. YOU OWN YOUR CONTENT.
STORAGE AND BACKUP OF YOUR CONTENT
You agree that Followout LLC is under no obligation to store, backup, or recover your content. You are responsible for taking the appropriate action to secure, protect, and backup all and any content you provide on or through the Services.
FOLLOWOUT LLC may terminate or suspend access to our Services immediately, without prior notice or liability, for any reason and reserves the right to remove ANY content we deem inappropriate or offensive, including content depicting nudity, illegal activities, sexual violence, sexual exploitation, violent or graphic content, sexual content involving minors, or any content that offers sexual services including prostitution, escort services, sexual massages, filmed sexual activity, or offers to purchase or sell alcohol, tobacco, or adult products. Organizations and people who promote hatred against people based on their race, ethnicity, national origin, religious affiliation, sexual orientation, sex, gender, or gender identity, or serious disabilities or diseases will be removed from Followout LLC Services.
LINKS TO OTHER WEBSITES, PLATFORMS, AND SERVICES
Our Services may contain links to third-party websites, platforms, or services that are not owned or controlled by FOLLOWOUT LLC.
FOLLOWOUT LLC has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites, platforms, or services. You ACKNOWLEDGE and AGREE that FOLLOWOUT LLC 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 use of or reliance on any such content, goods or services available on or through any such websites, platforms, or services.
CHANGES AND MODIFICATIONS
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try 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.
If you have any questions about these Terms, please contact us at [email protected]
EFFECTIVE DATE: 02/14/2020
This FOLLOWOUT LLC User Agreement (this “Agreement”) is a contract between you (“you” or “User”) and FOLLOWOUT LLC (“FOLLOWOUT LLC ”, “we,” or “us”) and our Followhosts vendors (known as Followhosts). You must read, agree to, and accept all of the terms and conditions contained in this Agreement in order to use Followout LLC Services and all affiliated websites, including mobile websites and applications, owned and operated by us, our predecessors or successors in interest, or our Affiliates (collectively, the “Site”), all services, applications and products that are accessible through the Site and mobile platform and all FOLLOWOUT LLC mobile applications that link to or reference this Agreement (“Site Services”) whether provided by us or our Affiliates.
Subject to the conditions set forth herein, FOLLOWOUT LLC may, in its sole discretion, amend this Agreement and the other Terms of Services on the Site and mobile platform at any time without prior notification.
Any revisions to the Terms of Services will take effect on the noted effective date or when posted.
1. TERMINOLGY AND DEFINITIONS
As used throughout this Agreement,
(a) the term “User” means any person(s) or business who utilizes Followout LLC Services AND/OR accesses the Followout LLC website AND/OR mobile platform.
(b) the term “Followout” means any scheduled or non-scheduled ACTIVITY or EXPERIENCE (called "Followouts") created on the FOLLOWOUT LLC website AND/OR mobile platform Followout.
(c) the term “Followee” means any authorized User utilizing the Site and mobile platform to advertise and provide Services to Followhosts OR OTHER USERS and/or agrees or accepts to advocate, present, or perform a Followout, paid or unpaid, via the functions of the Site and mobile platform.
(d) the term “Followhost” refers to any user or business utilizing the Site and mobile platform to obtain Followout and Followee Services from another user and/or provides or hosts the physical or virtual location where the Followout takes place. Occasionally FOLLOWOUT LLC may act as a Followhost, and the terms and conditions of this Agreement applicable to Followhosts will apply to FOLLOWOUT LLC when FOLLOWOUT LLC takes on this role.
“Affiliate” means any entity that, directly or indirectly, through one or more intermediaries, controls, is controlled by, or is under common control with FOLLOWOUT LLC.
“Followhost Deliverables” means requests, intellectual property, and any other information or materials that a Followee OR USER receives from a Followhost to perform Followee Services.
“Confidential Information” means Followhost Deliverables, Followee Deliverables OR USER Deliverables and any other information provided to, or created by, a User to perform or assist in performing Followout or Followee Services, regardless of whether in tangible, electronic, verbal, graphic, visual, or other form. Confidential Information does not include material or information that:
(a) is generally known by third parties as a result of no act or omission of User, Followee or Followhost;
(b) subsequent to disclosure hereunder, was lawfully received without restriction on disclosure from a third party having the right to disseminate the information;
(c) was already known by User prior to receiving it from the other party and was not received from a third party in breach of that third party’s obligations of confidentiality; or
(d) was independently developed by User without use of another person’s Confidential Information.
“Followee Deliverables” means requests, intellectual property, and any other information or materials that a User, Followee, or Followhost receives from a Followee.
“Followee Payments or Fees” means:
(a) any Payments or Fees made by a Followhost.
“Followee Services” means all services performed for or delivered to Users or Followhosts by Followees.
“Intellectual Property Rights” means all patent rights, copyright rights, moral rights, trade dress and service mark rights, rights of publicity, mask work rights, trade secret rights and other intellectual property rights, trademark, goodwill as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
“Payment Method” means a valid credit card issued by a bank acceptable to FOLLOWOUT LLC, any bank account linked to your Account, PayPal accounts, any debit card, or other method of payment or payment methods FOLLOWOUT LLC may accept in our sole discretion.
“User Content” means any data, (including Followout LLC's North Star Ratings), associated comments, symbols, indicators, content, text, photographs, images, video, music, or other information that you post to any part of the Site and mobile platform or provide to FOLLOWOUT LLC.
"IF APPLICABLE" means IF or WHEN a service or function is available on FOLLOWOUT LLC's website, mobile platform, or other FOLLOWOUT LLC service.
2. DIGITAL SIGNATURE
By registering for an account (an “Account”), on Followout LLC's Site and mobile platform, or by clicking to accept the Terms of Services when prompted on the Site and mobile platform, you are deemed to have executed this Agreement and the other Terms of Services electronically, effective on the date you register your Account or click to accept the Terms of Services, pursuant to the U.S. Electronic Signatures in Global and National Commerce Act (the E-Sign Act) (15 U.S.C. § 7001, et seq.). Your Account registration constitutes an acknowledgement that you are able to electronically receive, download, and print this Agreement and any amendments.
3. CONSENT TO USE ELECTRONIC RECORDS
In connection with the Terms of Services, you may be entitled to receive certain records from FOLLOWOUT LLC or our Affiliates such as contracts, notices, and communications, in writing. To facilitate your use of the Site and mobile platform Services, we ask that you give us permission to provide these records and notices to you electronically instead of in paper form.
3.1 YOUR CONSENT AND YOUR RIGHT TO WITHDRAW CONSENT
By registering and/or using the Services in any manner, you consent to electronically receive and access, via email or the Site and mobile platform, all records and notices for the services provided to you under these Terms that we would otherwise be required to provide to you in paper form. However, we reserve the right, in our sole discretion, to communicate with you via the U.S. Postal Services and other third-party mail services using the address under which your account is registered. Your consent to receive records and notices electronically will remain in effect until you withdraw it.
3.2 KEEPING YOUR ADDRESS AND EMAIL ADDRESS CURRENT
So that we are able to provide records and notices to you electronically, you agree to notify us immediately of any change in your email address by updating your Account information on the Site and mobile platform or by contacting Customer Services at [email protected]
3.3 HARDWARE AND SOFTWARE YOU WILL NEED TO USE THE SITE OR MOBILE PLATFORM SERVICES FOR YOUR BUSINESS
To access and retain the records and notices we provide to you electronically, you will need:
(a) a valid email address.
(b) access to a computer system with a connection to the Internet to receive email notifications from FOLLOWOUT LLC.
(c) a Current Version of a program that accurately reads and displays PDF files, such as the Current Version of Adobe Acrobat Reader.
We may change these requirements from time to time and will update this Agreement accordingly.
4. FOLLOWOUT LLC ACCOUNTS
4.1 ACCOUNT ELIGIBILITY
To use the Site and mobile platform and certain Site Services, you must register for an Account OR choose to SKIP LOGIN.
To use the Site and mobile platform and Site Services as a business:
You must have, and hereby represent that you have, an independent business (whether it be as a self-employed individual/sole proprietor or as a corporation or other entity) and further represent that you intend to use the Site and mobile platform and Site Services for your business purposes only, unless you use the Site and mobile platform and Site Services solely as an employee and Talent Agency Client. You understand that you must comply with any licensing or registration requirements with respect to your business, and you represent that you comply with all such requirements.
No individual under the age of 18 shall use the Site and mobile platform and Site Services without parental or guardian consent.
No individual under the age of 18 can provide services.
To register for an Account OR by entering the site and/or mobile platform via SKIP LOGIN without parental or guardian consent you must be, and hereby represent that you are, a legal entity or an individual 18 years or older. To provide business, Followhost, Followee, or any other service on the Site and mobile platform, you must be, and hereby represent that you are, a legal entity or an individual 18 years or older who can form legally binding contracts.
By registering for an Account, and/or by using the Site and mobile platform or Site Services after the Effective Date, or if you had an account on the Effective Date, by clicking to accept the Terms of Services when prompted on the Site and mobile platform, OR by entering the site and/or mobile platform via SKIP LOGIN, you agree to:
(a) abide by this Agreement and the other Terms of Services;
(b) be financially responsible for your use of the Site and mobile platform or site services and the purchase or delivery of Followee Services; and
(c) perform your obligations as specified by any Service Agreement that you enter into, unless such obligations are prohibited by applicable law or the Terms of Services.
FOLLOWOUT LLC reserves the right, in our sole discretion, to refuse, suspend, or revoke your access to the Site and mobile platform and Site Services upon discovery that any information you provided on any form or posted on the Site and mobile platform is not true, accurate, or complete, or such information or other conduct otherwise violates the Terms of Services, or for any other reason or no reason in FOLLOWOUT LLC ’s sole discretion.
You represent that you are not: (x) a citizen or resident of a geographic area in which access to or use of the Site and mobile platform or Site Services is prohibited by applicable law, decree, regulation, treaty, or administrative act; (y) a citizen or resident of, or located in, a geographic area that is subject to U.S. or other sovereign country sanctions or embargoes; or (z) an individual, or an individual employed by or associated with an entity, identified on the U.S. Department of Commerce’s Denied Persons or Entity List, the U.S. Department of Treasury’s Specially Designated Nationals or Blocked Persons Lists, or the U.S. Department of State’s Debarred Parties List or otherwise ineligible to receive items subject to U.S. export control laws and regulations or other economic sanction rules of any sovereign nation. You agree that if your country of residence or other circumstances change such that the above representations are no longer accurate, that you will immediately cease using the Site and mobile platform and Site Services.
4.2 ACCOUNT REGISTRATION; PROFILE
By registering for an account, you must complete a User profile (“Profile”), which you consent to be shown to the public. If you are a Followee, unless you use the Site and mobile platform solely as a Talent Agency Client of a registered Talent Agency Account, you represent and warrant that you use your Profile to market your business or services to others for the purpose of entering into independent contractor relationships with other Users including Followhosts. By registering for an account, you agree to provide true, accurate, and complete information on your Profile. You agree not to provide any false, incorrect, or misleading information about your location, your business, your skills, your services, our your business. You agree not to register for more than one Account without express written permission from us. You agree not to ask or allow another person to create an Account on your behalf, for your use, or for your benefit.
4.3 IDENTITY VERIFICATION
When you register for an Account that provides a service, your Account will be subject to verification, including, but not limited to, validation against third-party databases or the verification of one or more official government or legal documents that confirm your identity and your ability to represent your business on FOLLOWOUT LLC, if it is a separate legal entity. You authorize FOLLOWOUT LLC, directly or through third parties, to make any inquiries necessary to validate your identity and confirm your ownership of your email address or financial accounts, subject to applicable law. When requested, you must provide us with information about you or your business or service.
4.4 TALENT AGENCY ACCOUNTS
IF APPLICABLE, you may create an account through which other authorized Followees (each, a “Talent Agency Client”) may act on your behalf in the roles you assign for your account (a “Talent Agency Account”).
4.5 EMAIL AND PASSWORDS
When you register for an Account, you will be asked to choose an email and password for the Account. Each User and, (IF APPLICABLE), any Talent Agency Account Administrator will also be asked to choose the initial email and password for any Talent Agency Account that is added to the Account (and can change the password for the Talent Agency Account at any time).
You are entirely responsible for safeguarding and maintaining the confidentiality of your Account or Talent Agency Account email and password. You authorize FOLLOWOUT LLC to assume that any person using the Site and mobile platform with your email and password, either is you or is AUTHORIZED to act for you. You agree to notify us immediately if you suspect or become aware of any unauthorized use of your Account or Talent Agency Account or any unauthorized access to your password or the password of any User of your Account (or any related Talent Agency Account). You further agree not to use any email, or password of another User of the Site and mobile platform that you are not authorized to use, and not to allow others who are not authorized to do so to use your Account or Talent Agency Account at any time.
4.6 NORTH STAR RATING SYSTEM AND ASSOCIATED COMMENTS, SYMBOLS, AND INDICATORS
You acknowledge and agree that, (IF APPLICABLE), the North Star Rating system or associated comments, symbols, and indicators used on the Site and mobile platform, benefits the marketplace aspect of the Site and mobile platform, all Users, and the efficiency of the Site and mobile platform, and you specifically request that FOLLOWOUT LLC display the North Star Rating system or associated comments, symbols, and indicators about Users, including yourself, on User Profiles and elsewhere on the Site and mobile platform. You acknowledge and agree that North Star Rating results or associated comments, symbols, and indicators could be accompanied by comments, symbols, and indicators generated systematically or left by other Users. You further acknowledge and agree that FOLLOWOUT LLC will make North Star Rating results, or associated comments, symbols, and indicators available to other Users, including composite or compiled North Star Ratings or associated comments, symbols, and indicators. FOLLOWOUT LLC provides this North Star Rating system or associated comments, symbols, and indicators as a means through which Users can evaluate and qualify the services of business and users and FOLLOWOUT LLC does not monitor or censor any accompanying opinions associated with the North Star Ratings system or associated comments, symbols, and indicators or any evaluation system on FOLLOWOUT LLC Site or mobile platforms. You acknowledge and agree that displayed or compiled North Star Ratings or associated comments, symbols, and indicators apply to the users and businesses. You agree not to use the North Star Ratings or associated comments, symbols, and indicators to make any employment, credit, credit valuation, underwriting, or other similar decision about any other User or business.
FOLLOWOUT LLC does not investigate any remarks posted by Users for accuracy or reliability but may do so if a User requests that FOLLOWOUT LLC do so. You may be held legally responsible for damages suffered by other Users or third parties as a result of your remarks if such remarks are legally actionable or defamatory. FOLLOWOUT LLC is not legally responsible for any North Star Rating or associated comments, symbols, and indicators made available on the Site and mobile platform by any Users or third parties, even if that information is defamatory or otherwise legally actionable. In order to protect the integrity of the North Star Rating system or associated comments, symbols, and indicators from abuse, FOLLOWOUT LLC reserves the right (but is under no obligation) to remove North Star Ratings or associated comments, symbols, and indicators or any information that, in FOLLOWOUT LLC ’s sole judgment, violates the Terms of Services or negatively affects our Services. You acknowledge and agree that you will notify FOLLOWOUT LLC of any error or inaccurate statement in your North Star Rating or associated comments, symbols, and indicators results, and that if you do not do so, FOLLOWOUT LLC may rely on the accuracy of such information.
5. PURPOSE OF THE SITE. MOBILE PLATFORM, AND SITE SERVICES
The Site or mobile platform is an online service where Followhosts, Followees and Users can identify each other and advertise, promote, advocate, present, buy, and sell each other's Services via Followout LLC Services (IF APPLICABLE), or independent of Followout LLC Services. Subject to the Terms of Services, FOLLOWOUT LLC provides the Site and mobile platform Services to Users, including hosting and maintaining the Site and mobile platform, and, (IF APPLICABLE), provides information on marketplace AND/OR dispute related services as defined in section 9.4 MARKETPLACE AND DISPUTE RESOLUTION SERVICES.
If Users agree on terms for Followee and Followout Services, FOLLOWOUT LLC suggests a Service Agreement be formed directly between such Users via THIRD PARTY MARKETPLACE AND DISPUTE RESOLUTION SERVICES, subject to the provisions set forth in Section 6 (Contractual Relationship Between Followhost and Followee). When a User enters a Service Agreement via THIRD PARTY MARKETPLACE AND DISPUTE RESOLUTION SERVICES, the User uses THIRD PARTY MARKETPLACE AND DISPUTE RESOLUTION SERVICES to engage, communicate, invoice and transact based on such Service Agreements.
6. CONTRACTUAL RELATIONSHIP BETWEEN FOLLOWHOST AND FOLLOWEE
6.1 SERVICE AGREEMENTS BETWEEN FOLLOWHOST AND FOLLOWEE
By using FOLLOWOUT LLC’s Site or mobile platform Services, FOLLOWOUT LLC suggests Service Agreements between Users, Followhosts and Followees be formed directly between such Users via THIRD PARTY MARKETPLACE OR DISPUTE RESOLUTION SERVICES and such Service Agreements be comprised of the following (as applicable):
(a) any Payment Agreement
(b) the Followout or Engagement terms awarded and accepted to the extent that the terms do not, and do not purport to, expand FOLLOWOUT LLC ’s obligations or restrict FOLLOWOUT LLC’s rights under the Terms of Services;
(c) the terms in Section 9 (Service Agreement Terms), unless other terms are agreed to by the parties, to the extent that the provisions do not, and do not purport to, expand FOLLOWOUT LLC ’s obligations or restrict FOLLOWOUT LLC ’s rights under the Terms of Services; and
(d) any other contractual provisions accepted by between Users, Followhosts and Followees, to the extent that the provisions do not, and do not purport to, expand FOLLOWOUT LLC ’s obligations or restrict FOLLOWOUT LLC ’s rights under the Terms of Services. You acknowledge and agree that FOLLOWOUT LLC is not a party to any Service Agreements, and that the formation of a Service Agreement between You and other site Users including Followees and Followhosts will not, under any circumstance, create an employment contract or other service relationship with FOLLOWOUT LLC.
(e) refund policies as detailed in section 7.5 Refund Policies Between Users, Followhost and Followees
6.2 REFUND POLICIES BETWEEN FOLLOWHOST AND FOLLOWEES
FOLLOWOUT LLC encourages Followhost and Followee to communicate with each other including Service Agreements involving refunds, payment protection, service fees, refund policies, disbursements, payments, transactions, and any disputes via THIRD PARTY MARKETPLACE AND DISPUTE RESOLUTION SERVICES.
YOU AGREE FOLLOWOUT LLC DOES NOT NOR IS OBLIGATED TO INTERVENE IN ANY DISPUTES THAT MIGHT ARISE REGARDING AGREEMENTS AUTHORIZED VIA THIRD PARTY MARKETPLACE OR DISPUTE RESOLUTION SERVICES.
6.3 REFUND FOR ADVERTISING SERVICES
FOLLOWOUT LLC provides the opportunity to be featured prominently on its Site and mobile platform via its Advertising Services (IF APPLICABLE).
Due to the nature of online advertising, no guarantees are made as to the success of the advertisement therefore in general, FOLLOWOUT LLC does not offer refunds on its Advertising Services. FOLLOWOUT LLC does however adhere to the following regarding Advertising Services refunds:
(a) Advertisements cancelled prior to publishing will be refunded in full. FOLLOWOUT LLC will not provide a refund, for any reason, once the advertisement has been published.
(b) Advertising should be checked for errors by the advertiser on the first day of publication. No refunds are offered to advertisers due to errors by the advertiser.
(c) No refunds are offered to advertisers who wish to cancel enhancements to Advertising Services after the Advertising Services has been published.
(d) Approved refunds for credit card transactions will be made as credits to the credit card account used in the initial transaction.
(e) FOLLOWOUT LLC reserves the right to edit, classify, reject or cancel any portion or all Advertising Services as determined in FOLLOWOUT LLC's sole discretion. Any advertisement or Advertising Services language that does not comply with Federal, State or local laws will be removed.
7. COMMUNICATIONS FROM YOU TO FOLLOWOUT LLC
All notices to FOLLOWOUT LLC or our Affiliates intended to have a legal effect must be in writing via email to [email protected]
All such notices are deemed effective upon receipt by FOLLOWOUT LLC. FOLLOWOUT LLC does not accept service of any legal process by email or mail; all such service should occur by hand delivery on FOLLOWOUT LLC or its registered agent for service of process.
8. SITE LICENSE AND INTELLECTUAL PROPERTY RIGHTS
Subject to and conditioned on compliance with the Terms of Services, FOLLOWOUT LLC grants you a limited license to access and, if you have created an Account, to use the Site and mobile platform for the purpose of using the Site and mobile platform Services.
You must not access (or attempt to access) the Site and mobile platform or Site Services by any means other than the interface provided, and you will not use information from the Site and mobile platform or Site Services for any purposes other than the purposes for which it was made available.
You agree not to use the Site and mobile platform or Site Services for offering any goods or services other than Followhosts or Followee Services as permitted by this Agreement.
You must not sell, reproduce, distribute, modify, display, publicly perform, prepare derivative works based on, repost, or otherwise use any content of the Site and mobile platform or Site Services in any way for any public or commercial purpose without FOLLOWOUT LLC ’s prior written consent.
You must not use any content of the Site and mobile platform or Site Services on any other website or in a networked computer environment for any purpose except your own viewing without FOLLOWOUT LLC ’s prior written consent.
You must not frame or link to the Site and mobile platform or Site Services except as permitted in writing by FOLLOWOUT LLC.
You must not attempt to reverse engineer, modify, adapt, translate, prepare derivative works from, decompile, attempt to interfere with the operation of, or otherwise attempt to derive source code from any part of the Site and mobile platform or Site Services unless expressly permitted by applicable law.
You will not access Site Services in order to build a similar service or application, or publish any performance, or any benchmark test or analysis relating to the Site and mobile platform Services. FOLLOWOUT LLC and our licensors retain all right, title, and interest in and to all Intellectual Property Rights related in and to the Site and mobile platform and the Site and mobile platform Services.
The FOLLOWOUT LLC logos and names are trademarks of FOLLOWOUT LLC and may be registered in certain jurisdictions. All other product names, company names, marks, logos, and symbols on the Site and mobile platform or Site Services may be the trademarks of their respective owners. Except as expressly stated in this Agreement, nothing in the Terms of Services confers any license under any of FOLLOWOUT LLC ’s or any third party’s Intellectual Property Rights, whether by estoppel, implication, or otherwise.
9. USER CONTENT LICENSE
When you post User Content on the Site and mobile platform or through the Site and mobile platform Services or provide FOLLOWOUT LLC with User Content, you represent and warrant that you have the right, power, and authority to post that User Content and grant the licenses specified below. You further represent and warrant that by posting or providing such User Content you will not violate third-party rights of any kind, including, without limitation, any Intellectual Property Rights, rights of publicity, and privacy rights. To the extent your User Content may be copyrightable, you represent, warrant, and covenant that you are the owner of all the copyright rights to such User Content and that FOLLOWOUT LLC may exercise the rights to your User Content granted under the Terms of Services without any liability or obligation for any payment.
The licenses to User Content granted by you in this Agreement will terminate within a commercially reasonable time after you remove or delete your User Content from the Site and mobile platform, except that you grant FOLLOWOUT LLC and our successors and Affiliates the irrevocable and perpetual license to retain and use all User Content that you have removed or deleted to the extent permitted by applicable law.
You may submit comments or ideas about the Site and mobile platform and Site Services, including without limitation about how to improve the Site and mobile platform or Site Services (collectively, “Ideas”). By submitting any Ideas, you agree that:
(a) your disclosure is voluntary, gratuitous, unsolicited, and without restriction and will not place FOLLOWOUT LLC under any fiduciary or other obligation,
(b) your Ideas do not contain the confidential or proprietary information of third parties, and
(c) we are free to use the Ideas without any additional compensation to you and to disclose the Ideas on a non-confidential basis or otherwise to anyone.
You further acknowledge and agree that, by acceptance of your submission, FOLLOWOUT LLC does not waive any rights to use similar or related ideas known or developed by FOLLOWOUT LLC or obtained from sources other than you.
10. UNAUTHORIZED ACCESS AND USE; SITE INTERFERENCE; MALICIOUS SOFTWARE
The Site or mobile platform may contain robot exclusion headers. You agree that you will not use any robot, spider, scraper, or other automated means to access the Site and mobile platform for any purpose without our express written permission.
You will not access the audiovisual content available on the Site and mobile platform for any purpose or in any manner other than streaming. You agree that you will not:
(a) take any action that imposes or we believe may impose (in our sole discretion) an unreasonable or disproportionately large load on the Site and mobile platform’s infrastructure;
(b) copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (other than content you have submitted to the Site and mobile platform) from the Site and mobile platform, any software code that is part of the Site and mobile platform, or any services that are offered on the Site and mobile platform without the prior express written permission of FOLLOWOUT LLC and the appropriate third party, as applicable;
(c) interfere or attempt to interfere with the proper operation of the Site and mobile platform or any activities conducted on the Site and mobile platform;
(d) bypass any measures we may use to prevent or restrict access to the Site and mobile platform or any subparts of the Site and mobile platform, including, without limitation, features that prevent or restrict use or copying of any content or enforce limitations on use of the Site and mobile platform or the content therein;
(e) transmit spam, chain letters, or other unsolicited communications;
(f) attempt to interfere with or compromise the system integrity or security or decipher any transmissions to or from the servers running the Site and mobile platform;
(g) collect or harvest any personally identifiable information, including Account names, from the Site and mobile platform;
(h) access any content on the Site and mobile platform through any technology or means other than those provided or authorized by the Site and mobile platform; or
(i) directly or indirectly, advertise or promote another website, product, or service or solicit other Users for other websites, products, or services.
Additionally, you agree that you will not post or introduce any invalid data, virus, worm, or other harmful or malicious software code, agent, hidden procedure, routine, or mechanism through or to the Site and mobile platform or the Site and mobile platform software that is designed to cause to cease functioning, disrupt, disable, harm, or otherwise impair in any manner, including aesthetic disruptions or distortions, the operation of (or to allow you or any other person to access or damage or corrupt data, storage media, programs, equipment, or communications or otherwise interfere with operations of or on) the Site and mobile platform or any other software, firmware, hardware, computer system, or network of FOLLOWOUT LLC or any third party.
11. LIMITATION OF LIABILITY
FOLLOWOUT LLC is not liable, and you agree not to hold us responsible, for any damages or losses arising out of or in connection with the Terms of Services, including, but not limited to:
(a) your use of or your inability to use our Site or Site Services;
(b) delays or disruptions in our Site or Site Services;
(c) viruses or other malicious software obtained by accessing, or linking to, our Site or Site Services;
(d) glitches, bugs, errors, or inaccuracies of any kind in our Site or Site Services;
(e) damage to your hardware device from the use of the Site and mobile platform or Site Services;
(f) the content, actions, or inactions of third parties’ use of the Site and mobile platform or Site Services;
(g) a suspension or other action taken with respect to your account;
(h) your reliance on the quality, accuracy, or reliability of job postings, Profiles, ratings, recommendations, and North Star Rating or associated comments, symbols, and indicators (including their content, order, and display), or metrics found on, used on, or made available through the Site and mobile platform; (i) and your need to modify practices, content, or behavior or your loss of or inability to do business, as a result of changes to the Terms of Services.
ADDITIONALLY, IN NO EVENT WILL FOLLOWOUT LLC, OUR AFFILIATES, OUR LICENSORS, OR OUR THIRD-PARTY SERVICE PROVIDERS BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR INDIRECT COSTS OR DAMAGES, INCLUDING, BUT NOT LIMITED TO, LITIGATION COSTS, INSTALLATION AND REMOVAL COSTS, OR LOSS OF DATA, PRODUCTION, PROFIT, OR BUSINESS OPPORTUNITIES. THE LIABILITY OF FOLLOWOUT LLC, OUR AFFILIATES, OUR LICENSORS, AND OUR THIRD-PARTY SERVICE PROVIDERS TO ANY USER FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE OTHER TERMS OF SERVICE WILL NOT EXCEED THE LESSER OF: (A) $2,500; OR (B) ANY FEES RETAINED BY FOLLOWOUT LLC WITH RESPECT TO SERVICE AGREEMENTS ON WHICH USER WAS INVOLVED AS FOLLOWHOST OR FOLLOWEE DURING THE SIX-MONTH PERIOD PRECEDING THE DATE OF THE CLAIM. THESE LIMITATIONS WILL APPLY TO ANY LIABILITY, ARISING FROM ANY CAUSE OF ACTION WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE OTHER TERMS OF SERVICE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH COSTS OR DAMAGES AND EVEN IF THE LIMITED REMEDIES PROVIDED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE. SOME STATES AND JURISDICTIONS DO NOT ALLOW FOR ALL OF THE FOREGOING EXCLUSIONS AND LIMITATIONS, SO TO THAT EXTENT, SOME OR ALL OF THESE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
In addition to the recognition that FOLLOWOUT LLC is not a party to any contract between Users, you hereby release FOLLOWOUT LLC, our Affiliates, and our respective officers, directors, agents, subsidiaries, joint ventures, and employees from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with any dispute you have with another User, whether it be at law or in equity. This release includes, for example and without limitation, any disputes regarding the performance, functions, and quality of the Followee Services provided to Followhost by a Followee and requests for refunds based upon disputes.
You will indemnify, defend, and hold harmless FOLLOWOUT LLC, our Affiliates, and our respective directors, officers, employees, representatives, and agents (each an “Indemnified Party”) from any and all claims, damages, liabilities, costs, losses, and expenses (including, but not limited to, reasonable attorneys’ fees and all related costs and expenses) arising from or relating to any claim, suit, proceeding, demand, or action brought by you or a third party or other User against an Indemnified Party relating to:
(a) use of the Site and mobile platform and the Site and mobile platform Services by you or your agents, including any payment obligations incurred through use of the Site and mobile platform Services;
(b) any Service Agreement entered into by you or your agents, including, but not limited to, the classification of a Followee as an independent contractor; the classification of FOLLOWOUT LLC as an employer or joint employer of Followee; any employment-related claims, such as those relating to employment termination, employment discrimination, harassment, or retaliation; and any claims for unpaid wages or other compensation, overtime pay, sick leave, holiday or vacation pay, retirement benefits, worker’s compensation benefits, unemployment benefits, or any other employee benefits;
(c) failure to comply with the Terms of Services by you or your agents;
(d) failure to comply with applicable law by you or your agents;
(e) negligence, willful misconduct, or fraud by you or your agents; and
(f) defamation, libel, violation of privacy rights, unfair competition, or infringement of Intellectual Property Rights or allegations thereof to the extent caused by you or your agents.
14. AGREEMENT TERM AND TERMINATION
The Terms of Services as amended from time to time, will become effective on the later of the Effective Date or your first visit to the Site and mobile platform and will remain in effect for the duration of your use of the Site and mobile platform or Site Services. Unless both you and FOLLOWOUT LLC expressly agree otherwise in writing, either of us may terminate this Agreement in our sole discretion, at any time, without explanation, upon written notice to the other, which will result in the termination of the other Terms of Services as well, except as otherwise provided herein. You may provide written notice to [email protected]
In the event you properly terminate this Agreement, your right to use the Site and mobile platform is automatically revoked, and your Account will be closed; however,
(a) if you have any open Engagement or Followouts when you terminate this Agreement, you will continue to be bound by this Agreement and the other Terms of Services until all such Engagement or Followouts have closed on the Site and mobile platform;
(b) FOLLOWOUT LLC will continue to perform those Site Services necessary to complete any open Engagement or Followout or related transaction between you and another User; and
(c) you will continue to be obligated to pay any amounts accrued but unpaid as of the date of termination or as of the completion of any open Engagement or Followouts, whichever is later, to FOLLOWOUT LLC for any Site Services and to any Followees for any Followee Services.
Without limiting any other provisions of the Terms of Services, the termination of this Agreement for any reason will not release you, any User with whom you have entered into a Service Agreement, or FOLLOWOUT LLC from any obligations incurred prior to termination of this Agreement or that thereafter may accrue in respect of any act or omission prior to such termination. Those portions of the Terms of Services necessary to implement the foregoing survive termination of this Agreement for any reason.
Without limiting FOLLOWOUT LLC ’s other rights or remedies, we may temporarily suspend, indefinitely suspend, or permanently revoke your access to the Site and mobile platform and refuse to provide any or all Site Services to you if: (i) you breach the letter or spirit of any terms and conditions of this Agreement or other parts of the Terms of Services; (ii) we suspect or become aware that you have provided false or misleading information to us; or (iii) we believe, in our sole discretion, that your actions may cause legal liability for you, our Users, or FOLLOWOUT LLC or our Affiliates; may be contrary to the interests of the Site and mobile platform or the User community; or may involve illicit activity. If your Account is suspended or closed, you may not use the Site and mobile platform under the same Account or a different Account or reregister under a new Account without FOLLOWOUT LLC ’s prior written consent. If you attempt to use the Site and mobile platform under a different Account, we reserve the right to reclaim available funds in that Account and/or use an available Payment Method to pay for any amounts owed by you to the extent permitted by applicable law.
Without limiting FOLLOWOUT LLC ’s other rights or remedies, if you engage in actions or activities that circumvent the Site and mobile platform or otherwise reduce fees owed FOLLOWOUT LLC or our Affiliates under the Terms of Services, you must pay FOLLOWOUT LLC, and you authorize FOLLOWOUT LLC or its Affiliate to charge you, for all fees owed to FOLLOWOUT LLC and our Affiliates and reimburse FOLLOWOUT LLC for the Opt-Out Fee, if applicable, all losses and costs (including any and all time of FOLLOWOUT LLC ’s employees) and reasonable expenses (including attorneys’ fees) related to investigating such breach and collecting such fees. In addition, violations of the Terms of Services may be prosecuted to the fullest extent of the law and may result in additional penalties and sanctions.
If your Account is closed for any reason, you will no longer have access to data, messages, files, and other material you keep on the Site and mobile platform. If practicable or required by law, FOLLOWOUT LLC will retain this information along with all your previous posts and proposals for a period of up to five years from the date of closure. However, you understand that any closure of your Account may involve deletion of any content stored in your Account for which FOLLOWOUT LLC will have no liability whatsoever.
15. ENTIRE AGREEMENT
This Agreement, together with the other Terms of Services, sets forth the entire agreement and understanding between you and FOLLOWOUT LLC relating to the subject matter hereof and thereof and cancels and supersedes any prior or contemporaneous discussions, agreements, representations, warranties, and other communications between you and us, written or oral, to the extent they relate in any way to the subject matter hereof and thereof.
16. CONTACTING US
If you have questions or need assistance, please contact Customer Services at [email protected]
EFFECTIVE DATE: 02/14/2020
FOLLOWOUT LLC AS ("us", "we", or "our") operates the FOLLOWOUT LLC websites (www.followout.tv, www.followouts.com, www.followout.net), and the mobile platform (Followout). This page informs you of our policies regarding the collection, use and disclosure of Personal Information when you use our Service.
Information Collection And Use
While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you. Personally identifiable information may include, but is not limited to, your email address, name ("Personal Information").
We collect information that your browser sends whenever you visit our Service ("Log Data"). This Log Data may include information such as your Internet Protocol ("IP") address of your computer or mobile device, your computer or mobile device browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages and other information and statistics.
In addition, we may use third party analytics and monitoring services that collect, monitor, and analyze this type of information in order to increase our Service's functionality. These third party service providers have their own privacy policies addressing how they use such information.
An HTTP cookie (also called web cookie, Internet cookie, browser cookie or simply cookie) is a small piece of data sent from an internet site and stored on the user's computer or mobile device by the user's web browser while the user is browsing.
Cookies can be used to remember arbitrary pieces of information that the user previously entered into form fields such as names, addresses, passwords, and credit card numbers and may include an anonymous unique identifier.
We use "cookies" to collect information. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.
We may employ third party companies and individuals to facilitate our Service, to provide the Service on our behalf, to perform Service-related services or to assist us in analyzing how our Service is used.
These third parties have access to your Personal Information only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.
We may use your Personal Information to contact you with newsletters, marketing or promotional materials, and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send or by contacting us.
Compliance With Laws
We will disclose your Personal Information where required to do so by law or subpoena or if we believe that such action is necessary to comply with the law and the reasonable requests of law enforcement or to protect the security or integrity of our Service.
The security of your Personal Information is important to us, however; no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security.
Your information, including Personal Information, may be transferred to —and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.
Links To Other Sites
Our Service may contain links to other sites that are not operated by us. If you click on a third party link, you will be directed to that third party's site.
Our Service does not address anyone under the age of 13 ("Children"). We do not knowingly collect personally identifiable information from children under 13. If you are a parent or guardian and you are aware that your Children has provided us with Personal Information, please contact us immediately at [email protected]
Please include "under 13" (without the quotes) in the subject line. If we become aware that we have collected Personal Information from children under age 13 without verification of parental consent, we take steps to remove that information from our servers.
If you purchase FOLLOWOUT LLC services via our online billing system, our third party payment processors will collect and store your billing address and credit card information.
FOLLOWOUT LLC SUBSCRIPTION CODE AND SUBSCRIPTION SERVICE AGREEMENT
EFFECTIVE DATE: 12/18/2020
YOUR ONE MONTH OR ONE YEAR SUBSCRIPTION CODE PURCHASE BILLING INFORMATION:
Followout LLC will automatically charge you from the date of your ONE MONTH or ONE YEAR SUBSCRIPTION CODE PURCHASE. You will NOT be billed for periodic renewals.
The ONE MONTH or ONE YEAR SUBSCRIPTION CODE must be ACTIVATED to begin using the actual SUBSCRIPTION SERVICE.
name->settings->payments->Subscription code->enter code->Activate. (https://www.followout.tv/settings/payments)
The subscription service will continue until the end of the ONE MONTH or ONE YEAR subscription service period.
You are responsible for all applicable taxes.
SUBSCRIPTON SERVICE EXPIRATION:
Within a reasonable period of time prior to the subscription service EXPIRATION DATE, Followout LLC will email the ACCOUNT HOLDER who ACTIVATES the ONE MONTH or ONE YEAR subscription service a notice reminding the ACCOUNT HOLDER that the ONE MONTH or ONE YEAR subscription service is about to EXPIRE.
Followout LLC's third party payment processor is a PCI DSS Level 1 certified service provider and will collect and store your billing address and credit card information.
What is PCI Compliance Level 1?
PCI Compliance Level 1 was established to protect the security of credit card data and cardholder data in e-commerce transactions as well as those conducted in-store. It is the highest, and most stringent, of the PCI DSS levels and is one of four PCI merchant compliance and two service provider levels.
As defined by The Payment Card Industry Data Security Standard (PCI DSS), a “Level 1” merchant is a merchant that processes at least 1 million, 2.5 million, or 6 million transactions per year, depending on which credit cards the merchant accepts. For example, Visa, Mastercard, and Discover define Level 1 merchants as those processing more than 6 million credit card transactions annually. American Express’s minimum for Level 1 is 2.5 million transactions per year and JCB’s Level 1 starts at 1 million credit-card transaction per year.
For more information on PCI Compliance Level 1 please visit: https://www.pcisecuritystandards.org/pci_security/
SUBSCRIPTION CODE PURCHASE REFUNDS:
If you cancel within 14 DAYS OF YOUR SUBSCRIPTION CODE PURCHASE, you will receive a refund of your SUBSCRIPTION CODE PURCHASE ONLY.
PLEASE NOTE: (service charges are NON-REFUNDABLE)
TO RECEIVE A REFUND, please use the Contact us form displayed in the page footer. Please type: CANCEL in the subject field or SEND AN EMAIL TO: [email protected] within 14 DAYS OF YOUR SUBSCRIPTION CODE PURCHASE.
After 14 days, your SUBSCRIPTION CODE PURCHASE is non-refundable.
CANCELLATION OF ACTUAL SUBSCRIPTION SERVICE:
The ACCOUNT HOLDER who activated the actual SUBSCRIPTION SERVICE can CANCEL the SUBSCRIPTION SERVICE at ANY TIME.
To cancel the SUBSCRIPTION SERVICE goto the page header and click on
your account name->settings->payments->Cancel subscription. (https://www.followout.tv/settings/payments)
For subscription or billing questions please use the Contact us form displayed in the page footer or send an email to [email protected]
FOLLOWOUT LLC SITE AND MOBILE PLATFORM COMMUNITY STANDARDS
EFFECTIVE DATE: 02/14/2020
Our mission is to empower people to lead, and influence, and inspire.
FOLLOWOUT LLC prohibits the use of its websites (www.followout.tv, www.followouts.com, www.followout.net) and the mobile platform Followout to facilitate criminal activity and will take the necessary actions to remove content, suspend or disable accounts, and work with law enforcement.
FOLLOWOUT LLC has developed a set of Community Standards regarding content and user conduct. FOLLOWOUT LLC may terminate or suspend access to our Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation any risk of physical harm or direct threats to public safety including engaging in the following:
Organized criminal activities.
Bullying and Harassment.
Sexual Violence and Exploitation.
We work with law enforcement when we believe there is a genuine risk of physical harm or direct threats to public safety.
FOLLOWOUT LLC reserves the right to remove any content we deem inappropriate, offensive, or that does not comply with our Terms of Services including content depicting nudity, illegal activities, sexual violence, sexual exploitation, violent or graphic content, sexual content involving minors, or any content that offers sexual services including prostitution, escort services, sexual massages, filmed sexual activity, or offers to purchase or sell alcohol, tobacco, or adult products. Organizations and people who promote hatred against people based on their race, ethnicity, national origin, religious affiliation, sexual orientation, sex, gender, or gender identity, or serious disabilities or diseases will be removed from our Site and mobile platform.
The FollowOut Community is diverse and inclusive.
A positive experience on our site and mobile platform is important to us.
To report abuse, flag objectionable content or suspected misconduct, please email us at [email protected]
Use your gift to lead and influence and inspire and follow these steps:
1. Create an account
2. Get accepted to present a FollowOut via reward programs.
To sign up as a Followhost simply select "register as a business".