Terms of Service
1.
Introduction; Your consent to these terms of service
2.
Use of Twitch by Minors and Blocked Persons
3.
Information on the privacy policy
4.
Account
5.
Use of facilities and services
6.
Modification of these Terms of Service
7.
License
8.
User content
9.
Prohibited Activities
10.
Respect for copyright
11.
Trademarks
12.
Third Party Content
13.
Submitting ideas
14.
Notice
15.
Disputes
16.
Various
17.
Requests for Information and How to Make Requests for Disclosure
18.
Detailed Terms and Conditions for Twitch Soundtrack
1.
Introduction; Your consent to these terms of service
PLEASE READ THESE TERMS OF SERVICE CAREFULLY.
THIS IS A BINDING AGREEMENT.
Welcome to the services operated by Twitch Interactive, Inc. (
and its affiliates collectively "Twitch or" we ") consisting of the website available at http://www.twitch.tv and its network of websites, applications and any other products or services offered by Twitch (referred to as "Twitch Services").
Other Twitch services may be subject to separate terms and conditions.
When using the Twitch Services, you are subject to the Twitch Community Guidelines and any additional guidelines or policies posted or shared on the Twitch Services and applicable to the specific services and features that are presented in connection with such services.
In addition, Twitch may offer certain fee-based services that are subject to Twitch's terms of sale, as well as any additional terms or policies that are presented in connection with such services.
Any such terms and conditions (referred to as "Guidelines") are incorporated into these Terms of Service by reference.
The Terms of Service apply whether you are a user who has registered for an account with the Twitch Services or an unregistered user.
You agree that by clicking "Register" or otherwise registering, downloading, accessing or using the Twitch Services, you are entering into a legally binding contract between you and Twitch relating to your use of the Twitch Services.
You acknowledge that you have read, understood and agreed to be bound by these Terms of Service.
If you do not agree to these Terms of Service, please do not use the Twitch Services in any way.
By using Twitch or establishing a Twitch account on behalf of a company, entity, or organization (collectively referred to as the "Subscribing Organization"), you represent and warrant that: (i) you are an authorized representative of that Subscribing Organization with authority to be bound by these Terms of Service. and issue the licenses specified therein; and (ii) you agree to these Terms of Service on behalf of such Subscribing Organization.
2.
Use of Twitch by Minors and Blocked Persons
The Twitch Services are not available to persons under the age of 13.
If you are between the age of 13 and the age of majority in your area of ​​residence, you may use the Twitch Services only under the supervision of a parent or legal guardian who has given binding consent to these Terms of Service.
In addition, the Twitch Services are not available to any users that Twitch has previously removed from the Twitch Services, or to any persons excluded from using those services under US law (such as export and re-export restrictions and regulations) or applicable laws any other jurisdiction.
BY DOWNLOADING, INSTALLING OR OTHERWISE USING THE TWITCH SERVICES, YOU DECLARE THAT YOU ARE AT LEAST 13 YEARS OLD, YOUR PARENT OR LEGAL GUARDIAN AGREE TO THESE TERMS AND CONDITIONS OF USING THESE TERMS AND REQUEST FOR THE SERVICE YOU WERE REMOVED OR EXCLUDED FROM THE TWITCH SERVICES.
3.
Information on the privacy policy
Your safety is important to Twitch.
In our privacy policy, you will find information on how we collect, use and disclose your personal data.
In the article, decisions regarding
Privacy Policy, learn how you can manage your privacy online when you use the Twitch Services.
4.
Account
a.
Account and password
In order to create an account, we will ask you to provide certain information, such as your account name and password.
You are solely responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer.
If you allow other people to use your account login information, you consent to these Terms of Service on behalf of everyone else who uses the Services on your account or using your password, and you are responsible for all activities that occur on your account. account or using your password.
Please ensure that the information you provide to Twitch during registration and at all times is true, accurate, current and complete to the best of your knowledge.
Unless you have expressly approved in writing from Twitch, you may not sell, rent, loan, grant, or grant access to your account to anyone else, including, without limitation, charging anyone for access to administrative authorizations to your account.
Twitch reserves all legal and remedial remedies available to you to prevent unauthorized use of the Twitch Services, including, without limitation, firewalls, IP address mapping and, in serious cases, direct contact with your internet service provider regarding such unauthorized use.
b.
Third Party Accounts
Twitch may allow you to register for and log in to the Twitch Services through certain third party services.
Data collection, use and disclosure of your information will be governed by the privacy policy of the third party's service.
For more information on how Twitch collects, uses and discloses your personal information when you link your Twitch account to an account for any third party service, please see our privacy policy.
5.
Use of facilities and services
Access to the Twitch Services may require the use of your personal computer or mobile device as well as communication with or use of the space available on those devices.
You are responsible for any internet connection or mobile connection charges that you incur as a result of using the Twitch Services.
6.
Modification of these Terms of Service
Twitch may amend any provisions of these Terms of Service by posting those terms as amended.
By continuing to use the Twitch Services after the changes to the Terms of Service become effective, you consent to those changes.
For Republic of Korea residents, Twitch will give timely notice of any material changes to its terms of service.
All changes shall become effective no earlier than 30 calendar days after publication; provided that any changes to the newly available features of the Service, features of the Service that provide benefits to you, or changes made for legal reasons may take effect immediately.
7.
License
The Twitch Services are owned and operated by Twitch.
Unless otherwise indicated, all content, information, and other materials on the Twitch Services (excluding User Content as set forth in Section 8 below), including, without limitation, Twitch's trademarks and logos, visual interfaces, graphics, designs, compilations , information, software, computer code (including source or object code), services, text, images, data, sound files, other files and their selection or arrangement (collectively "Materials") are protected by applicable intellectual property protection laws and property rights.
All Materials are the property of Twitch and its affiliates or affiliates and / or third party licensors.
Unless expressly provided in writing by Twitch, by agreeing to these Terms of Service, you are granted a limited, non-sublicenseable license (i.e.
Personal and Limited Right) to access and use the Twitch Services solely for your personal or internal use.
Twitch reserves all rights not expressly granted in these Terms of Service.
This license is subject to these Terms of Service and does not allow you to engage in any of the following: (a) resale or commercial use of the Twitch Services or the Materials; (b) disseminating, publicly performing or publicly presenting any Materials; (c) modify or otherwise use the Twitch Services or the Materials, including any portion thereof; (d) using any kind of data mining, robots or similar data gathering or extraction methods; (e) download (other than in the cache) of any part of the Twitch Services, Materials or any information contained therein, except as expressly permitted by the Twitch Services; and (f) any non-intended use of the Twitch Services or Materials.
Any use of the Twitch Services or the Materials, except as specifically permitted in these Terms of Use, without Twitch's prior written consent, is strictly prohibited and may constitute a violation of intellectual property rights or other rights.
Except as expressly provided in these Terms of Service, nothing in them shall be construed as granting any license to intellectual property rights, whether by exclusion, presumption, or other legal principle.
Twitch may terminate this license as set out in section 14.
8.
User content
Twitch allows you to distribute live streams and recorded audiovisual works, use services such as chat, message boards, forum posting, wiki participation, interactive voice services, and other activities where you can create, post, broadcast, perform or store content, messages, text, sounds, images, applications, code, or other data or materials on the Twitch Services ("User Content").
a.
License for Twitch
(i) Unless otherwise agreed in the form of a written agreement between you and Twitch signed by an authorized representative of Twitch, if you upload, broadcast, display, perform, publish, or store User Content using the Twitch Services, you are granting Twitch and its sub-licensees, to the maximum extent and for the maximum period permitted by applicable law (including a perpetual term if permitted by applicable law) for an unrestricted, worldwide, irrevocable, fully sublicensable, non-exclusive and royalty-free right to (a) use, reproduce , modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content (including, without limitation, promoting or redistributing part or all of the Twitch Services (and any derivative works thereof)) in any form, format, media or media channels n currently or developed or discovered in the future; and (b) use the name, identity, likeness and voice (or other biographical data) that you submit in connection with such User Content.
If such User Content contains the name, identification, likeness, and voice recordings (or other biographical information) of third parties, you represent and warrant that you have obtained appropriate approvals and / or licenses to use such features and Twitch and its sublicensees may use them to the extent specified. in these terms of service.
(ii) With respect to User Content identified as "add-ons", "maps", "modifications" or other designs submitted via CurseForge.com or related sites ("Submitted Designs"), the rights granted by you will expire when you delete or delete such uploaded designs from the Twitch Services.
In addition, you acknowledge that Twitch may retain (but may not display, distribute or execute them) copies of uploaded drafts that have been deleted or deleted.
(iii) With respect to live streams and recorded audiovisual works, the rights you grant will terminate when you remove such user content from the Twitch Services or terminate your account in general, except where (a) such content has been made available by you to others under Twitch Services and others have copied or retained portions of your content (e.g.
creating a clip); (b) Twitch uses such content for promotional purposes; and (c) within a reasonable time as required to remove the content from backups and other systems.
b.
User Content Statements and Warranties
You are solely responsible for your User Content and the consequences of sharing or publishing it.
You represent and warrant that: (1) you are the creator or control all rights in User Content or have sufficient rights and authority to grant the rights granted herein; (2) Your User Content now and in the future (a) does not infringe, breach, or infringe any third party rights, including any copyright, trademark law, patent law, trade secret, moral law, privacy law, publicity or any other intellectual property or other proprietary rights, and (b) does not defame any other person; (3) Your User Content does not contain any viruses, adware, spyware, worms, or other harmful or malicious code; and (4) Unless you have previously obtained written authorization, your User Content does not include, without limitation, any pre-release or non-public beta software, game content, or other confidential information relating to Twitch or third parties.
Twitch reserves all legal remedies and remedies against any user who breaches these statements and warranties.
c.
You submit content at your own risk
Twitch uses reasonable security measures to protect your content from unauthorized copying and distribution.
However, Twitch does not guarantee that any unauthorized copying, use or distribution of your content by third parties will not take place.
To the maximum extent permitted by applicable law, you hereby agree that Twitch will not be liable for any unauthorized copying, use, or distribution of User Content by third parties, and you withdraw and forever waive any claim against Twitch with respect to any such unauthorized copying or use of your content based on any interpretation.
Security measures to protect the contents of the creators used by Twitch are provided and used "in its current form" and without any guarantees, conditions or assurances that such security measures will prevent attempts to circumvent the protection mechanisms or that there will be no breach, deactivation or other bypassing such security measures .
d.
sale
You may promote, manage, or run a promotion (contest or sweepstakes) on, through or through the Twitch Services (referred to as a "Promotion").
If you choose to promote, manage or operate a Promotion, you must comply with the following rules: (1) You may conduct Promotions to the extent permitted by applicable law and you are solely responsible for ensuring that any Promotion complies with all applicable laws, obligations and restrictions ; (2) You will be classified as a promoter of your Promotion in the relevant jurisdiction (or jurisdictions) and are solely responsible for all aspects and expenses related to your Promotion, including, without limitation, the conduct, management and operation of the Promotion; any official rules are drawn up and published; selecting the winners; awarding prizes; and obtaining all necessary third party approvals and approvals, including, without limitation, completing all necessary registrations and obligations.
Twitch has the right to remove your Promotion from the Twitch Services if Twitch reasonably believes that your Promotion does not comply with the Terms of Service or applicable law; (3) Twitch is not responsible for, endorses, or endorses any such Promotion.
You cannot indicate that Twitch is a sponsor or co-sponsor of the Promotion; and (4) When promoting, administering or running the Promotion, you will display or read the following statement: “This is a promotion by [your name].
Twitch does not sponsor or endorse this promotion and is not responsible for it. "
e.
Annotations / References
You agree that your content will be subject to the Federal Trade Commission ("FTC") guidelines on the use of references and endorsements in advertising, the FTC's published corporate disclosure guide, the FTC's published advertiser guidelines, and any other requirements as required by applicable by law, guidelines issued by the FTC from time to time (referred to as "FTC Guidelines") and regarding advertising.
For example, if you get paid or receive free products in exchange for discussing or promoting a product or service through the Twitch Services, or if you are an employee of the company and choose to discuss or promote that company's products or services through the Twitch Services, you agree to be bound by the requirements. FTC guidelines for providing information on such relationships.
You (not Twitch) are solely responsible for any endorsements / testimonials you make with respect to any product or service through the Twitch Services.
f.
Political activity
Subject to these Terms of Service and the Community Guidelines, you may share political views, participate in political activities, link to the official political committee website, including the political committee participation page, and encourage viewers to participate directly in the political committee .
However, you agree that you are only taking these actions on your own behalf.
In addition, by participating in these activities, you represent and warrant that you are entitled to participate in them under applicable law and that, in doing so, you will comply with all applicable laws and regulations.
You agree not to solicit or use any Twitch monetization tool (e.g.
Bits or subscriptions) to contribute to a candidate, candidate committee, political action committee, election commission or other campaign committee, or otherwise to influence any election.
Candidates for political office may not use Twitch's monetization tools on their channels.
9.
Prohibited Activities
You AGREE NOT to violate any law, contract, intellectual property, or other rights of third parties, or to commit any tort, and you agree that you are solely responsible for your actions when you use the Twitch Services.
You agree that you will adhere to these Terms of Service and Twitch Community Guidelines and that you will not:
i.
create, transmit, transmit, distribute or store any content that is false, illegal, violating the law, defamatory, obscene, pornographic, violating the right to privacy or publicity, harassing, threatening, inappropriate, causing anger or otherwise inappropriate;
ii.
pretend to be any person or entity, falsely claim to be associated with any person or entity, or use other people's Twitch service accounts without permission, forge someone else's digital signature, misrepresent the source, identity or content of information communicated through the services Twitch or any other similar fraudulent activity;
iii.
Send junk or spam messages to users of the Twitch Services, including, without limitation, unsolicited advertising, promotional material, or other solicitation material, mass mailing of commercial advertisements, chain mails, news announcements, charity support requests, petition signature requests and any activities related to promotions (such as sweepstakes and contests) and other similar activities;
iv.
solicit or collect email addresses or other contact information from other users on the Twitch Services;
v.
defame, harass, exploit, threaten, or defraud users of the Twitch Services, or collect or attempt to collect personal information about users or third parties without their consent;
vi.
remove, circumvent, disable, damage or otherwise interfere with (a) the security of the Twitch Services features or your content; (b) features that prevent or restrict the use or copying of any content available through the Twitch Services; (c) features; that impose restrictions on the use of the Twitch Services or your content, or (d) remove any copyright or other proprietary notices on the Twitch Services or your content;
vii.
reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Twitch Services, or any portion thereof, except and only to the extent expressly permitted by the laws of your place of residence;
viii.
modify, adapt, translate, or create derivative works based on the Twitch Services or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
ix.
damage or disrupt the operation of the Twitch Services, or disrupt any user's enjoyment of them, in any way, including uploading or otherwise disseminating viruses, adware, tracking software, worms or other malicious code;
x.
forward e-mails from a third party's mail servers without the permission of that third party;
xi.
use any website, server, application or other computer resources in your possession used and / or licensed by Twitch, including, without limitation, the Twitch Services, by any robot, spider, scraper, crawler or other automated means of any purpose, or circumvent any means that Twitch may use to block or restrict access to any website, server, application, or other computer resources in its possession used and / or licensed by Twitch, including, without limitation, Twitch Services;
xii.
manipulate identifiers to mask the origin of any User Content transmitted through the Twitch Services;
xiii.
disrupt or interfere with the operation of the Twitch Services or servers or networks connected to the Twitch Services, or to object to any requirements, procedures, rules or regulations of the network connected to the Twitch Services; use the Twitch Services in any way that could disrupt or disturb, affect negatively, or prevent other users from fully enjoying the Twitch Services, or that could in any way damage, disable, overload or disrupt the Twitch Services;
xiv.
use or attempt to use another user's account without the authorization of that user and Twitch;
xv.
attempt to circumvent any content filtering techniques we use or attempt to access any Twitch services or areas of services to which you are not authorized to access;
xvi.
attempt to indicate in any way, without our prior written permission, that you are affiliated with us or that we are promoting you or any products or services for any purpose; and
xvii.
use the Twitch Services for any illegal purpose or in violation of any local, state, national or international law or regulation, including, without limitation, intellectual property and other proprietary rights, data protection and privacy.
To the extent permitted by applicable law, Twitch is not responsible and does not assume any obligation with respect to any User Content or any loss or damage suffered, and Twitch is not responsible for any error, defamation, libel, slander, omission, lying, obscenity, pornography or profanity. that you can meet when using the Twitch Services.
Your use of the Twitch Services is at your own risk.
In addition, this policy does not give rise to any personal claim on the part of any third party, or any reasonable expectation that the Twitch Services will not contain any content prohibited by this policy.
Twitch is not responsible for any statements or representations contained in User Content.
Twitch does not endorse any User Content or any opinion, recommendation or advice expressed therein, and Twitch expressly disclaims any and all liability in connection with User Content.
To the maximum extent permitted by applicable law, Twitch reserves the right to remove, monitor, or edit any User Content posted or stored on the Twitch Services at any time and for any reason, including where such User Content breaches these Terms of Service or applicable right, and you are solely responsible for the backup and replacement of any User Content that you post or store on the Twitch Services at your own expense.
Any use of the Twitch Services in breach of the foregoing constitutes a breach of these Terms of Service and may result in, among other things, termination or suspension of your rights to use the Twitch Services.
For residents of the Republic of Korea, except where Twitch has reasonable grounds to believe that the notification is prohibited by law (for example, where the notification (i) violates applicable laws, regulations or regulatory orders, or (ii) violates an ongoing investigation by regulatory authority) or that any notice may harm you, third parties, Twitch, and / or its affiliates (for example, where providing a notice harms the security of the Twitch Services), Twitch will promptly notify you as to why the appropriate action was taken.
10.
Respect for copyright
Twitch respects the intellectual rights of others and complies with the requirements of the Digital Millennium Copyright Act ("DMCA") and all other applicable laws.
If you are a copyright owner or its agent and you believe that content posted on the Twitch Services infringes your copyright, please submit a notice following our DMCA guidelines, which provide further information on our policies, what to include in the notice, and where to do so. send.
11.
Trademarks
TWITCH, the Twitch logos, and any other product or service name, logo, or slogan used by Twitch, and the look and feel of the Twitch Services, including all page headers, custom graphics, button icons, and scripts, are trademarks or trade dress of Twitch, and may not be used in whole or in part in connection with any product or service that is not Twitch’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Twitch, without our prior written permission.
Any use of these trademarks must be in accordance with the Twitch Trademark Guidelines.
All other trademarks referenced in the Twitch Services are the property of their respective owners.
References in the Twitch Services to any products, services, processes, or other information using a trade name, trademark, manufacturer, supplier or otherwise do not constitute, endorse, sponsor or endorse them, or imply any other affiliation.
12.
Third Party Content
In addition to your content, Twitch may host other third party content on the Twitch Services (collectively "Third Party Content").
Twitch does not control or endorse any Third Party Content, and does not make any representations or representations of any kind regarding the Third Party Content, including, without limitation, its accuracy or completeness.
Please note that we do not create, update or monitor third party content.
Accordingly, we are not responsible for any third party content on the Twitch Services.
It is your responsibility to decide whether you wish to access or use third party websites or applications that are linked from the Twitch Services (referred to as "Referring Pages").
Twitch does not control or endorse any such referencing sites, or the information, materials, products, or services contained therein or accessible via any referencing sites, and does not make any representations or representations of any kind with respect to such referencing sites.
Additionally, your correspondence or business dealings with, or participation in, advertisers on or through the Twitch Services are solely between you and such advertisers.
You access and use any referencing sites, including information, materials, products and services on or available through referencing sites, solely at your own risk.
13.
Submitting ideas
By submitting ideas, suggestions, documents and / or proposals (referred to as "Reports") to Twitch or its employees, you acknowledge and agree that Twitch obtains the right to use or disclose such submissions for any purpose and in any way without compensation to you. or your authorship.
14.
Notice
To the maximum extent permitted by applicable law, Twitch reserves the right, without notice and in our sole discretion, to terminate any license granted to you to use the Twitch Services (including uploading User Content) and to block or prevent you from accessing and using the Twitch Services in the future. including where we have reasonable grounds to believe that: (a) how you use the Twitch Services violates these Terms of Service or applicable law; (b) you fraudulently use or abuse the Twitch Services; or (c) we are unable to continue to provide the Twitch Services to you for technical or legitimate business reasons.
Our right to terminate your license includes the ability to terminate or suspend your access to any purchased products or services, including any Prime Gaming or Turbo subscriptions and accounts.
To the maximum extent permitted by applicable law, your sole remedy for any dissatisfaction with (i) the Twitch Services, (ii) any provisions of these Terms of Service, (iii) any policies or Twitch's method of operating the Twitch Services, or (iv) any content or information communicated through the Twitch Services is to terminate your account and cease using any part or all of the Twitch Services.
For residents of the Republic of Korea, except where Twitch has reasonable grounds to believe that the notification is prohibited by law (for example, where the notification (i) violates applicable laws, regulations or regulatory orders, or (ii) violates an ongoing investigation by regulatory authority) or that any notice may harm you, third parties, Twitch, and / or its affiliates (for example, where providing a notice harms the security of the Twitch Services), Twitch will promptly notify you as to why the appropriate action was taken.
15.
Disputes
a.
Indemnification
To the maximum extent permitted by applicable law, you agree to indemnify, defend and protect Twitch, its affiliates, contractors, employees, representatives, directors, agents, third party suppliers, licensors, and partners (individually and collectively "Twitch entities" from any claim, losses, damages, demands, expenses, costs and liability, including legal fees and expenses, arising from or related to the use or misuse of the Twitch Services, any User Content that you post, store, or otherwise transmit on or through the Twitch Services , your breach of the rights of any third party, any breach by you of these Terms of Service, or any breach of representations, warranties and obligations you have made.
You agree to notify Twitch entities immediately of any third party claim, and Twitch reserves the right to self-defend and take sole control of any matter for which you are required to indemnify Twitch and agree to cooperate with Twitch defends these claims.
Twitch will use reasonable efforts to notify you of any such claim, action, or proceeding after being informed of them.
b.
Reservations; no warranty
TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) THE TWITCH SERVICES AND THE CONTENT THEREOF, AND THE MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED (B) Twitch entities renounce any other guarantees, statutory, clear or alleged, including, without restrictions, implied guarantees as to trade usefulness for a specific purpose, title and prohibition of violation of Twitch services, including all information covered by all information, content or materials ; (C) TWITCH DOES NOT REPRESENT, OR WARRANT, THAT THE CONTENT OR MATERIALS ON THE TWITCH SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE; (D) TWITCH SHALL NOT BE LIABLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS IN THE TEXT OR IN THE PHOTOGRAPHY; AND (E) WHILE TWITCH WORKS TO ENSURE THE SAFE ACCESS AND USE OF THE TWITCH SERVICES, TWITCH MAY NOT AND DOES NOT REPRESENT, OR ENSURE, THAT THE SERVICES OF TWITCH OR OUR SERVER SERVER OR OTHER SERVER ELEMENTS (OR OTHER SERVER ELEMENTS) Hence, we recommend that you use industry-recognized software to detect and remove viruses in any downloaded files.
NO ORAL OR WRITTEN ADVICE OR INFORMATION OBTAINED BY YOU FROM TWITCH OR THROUGH THE TWITCH SERVICES SHALL CREATE ANY WARRANTY, WHICH IS NOT EXPRESSLY STATED HEREIN.
c.
Limitation of Liability
i.
Limitation of Liability
To the maximum extent permissible by law: (a), under no circumstances, Twitch or Twitch entities are not responsible for any direct, special, random, resulting or indirect damage, or any other damage to any kind, including, without restrictions, loss of use , LOSS OF DATA OR PROFITS, BOTH AS PART OF AN ACTION FOR FAILURE TO COMPLETE THE CONTRACT AND DELICTS (INCLUDING, WITHOUT LIMITATIONS, NEGLIGENCE), OR OTHER RESULT OR IN ANY OTHER RESULT OR CONSEQUENTIAL RELATIONSHIP , Without restrictions, any losses caused or resulting from any information obtained from Twitch or resulting from mistakes, overlooking, disturbances, removal of files or e-mails, errors, defects, viruses, delays of action or transmission or any disturbance of functioning, also resulting EFFECT OF FORCE MAJEURE, DISTURBANCES OF COMMUNICATION, K. ADVISE, DESTRUCTION, OR UNAUTHORIZED ACCESS TO TWITCH'S ENTRIES, PROGRAMS, OR SERVICES; And (b) in no case of Twitch legal responsibility, regardless of the terms of the contract, the delicacy (including active, passive or assigned neglect), legal liability for products, total liability or on the basis of another theory resulting or related to the use or inability to use services TWITCHA MAY NOT EXCEED THE AMOUNT PAID BY YOU AS FOLLOW THAT AMOUNT, FOR ACCESS TO TWITCH SERVICES DURING TWELVE (12) MONTHS BEFORE THE AMOUNT OR LOSS.
TO THE EXTENT WHERE APPLICABLE LAW PROHIBITS RESTRICTIONS OF SUCH LIABILITY, TWITCH LIMITS LIABILITY TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW.
ii.
Referring pages
In addition, these restrictions of liability apply to the losses incurred by you due to any products or services sold or made available on any reference pages or in a different way caused by the third parties other than Twitch and obtained in Twitch services or through them or through them or obtained via ANY REFERENCE PAGES.
iii.
The basis of the transaction
You acknowledge and agree that Twitch offered Twitch services, user content, materials and other content and information, set their prices and undertook the obligations of these Terms of using services based on the restrictions of the warranty and liability presented in these terms that the restrictions of the warranty and the guarantee restrictions and THE LIABILITIES SET FORTH IN THESE TERMS REPRESENT THE REASONABLE AND EASY ALLOCATION OF RISK BETWEEN YOU AND TWITCH, AND THAT THERE LIMITATIONS ON WARRANTIES AND LIABILITY, IF APPLICABLE, IF APPLICABLE, IF APPLICABLE, IF APPLICABLE, IF APPLICABLE, IF APPLICABLE, IF APPLICABLE, IF APPLICABLE,
WITHOUT THESE LIMITATIONS, TWITCH WOULD NOT BE ABLE TO PROVIDE TWITCH SERVICES ON AN ECONOMICALLY REASONABLE BASIS.
d.
Governing Law and Venue
(i) To the maximum extent permitted by applicable law, you and Twitch agree that if you are a Subscribing Organization or a Consumer residing in a jurisdiction other than those indicated below, (ii) the following governing law and arbitration shall apply:
PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQUIRES YOU AGREE TO ARBITRATE IN THE EVENT OF A DISPUTE WITH TWITCH AND RESTRICTS THE WAY YOU CAN CLAIM TWITCH.
You and Twitch agree to arbitrate any dispute arising out of these Terms of Service or your use of the Twitch Services, except that you and Twitch are under no obligation to arbitrate any dispute in which either party claims a fair compensation for alleged unauthorized use of copyrights, trademarks, trade names, logos, trade secrets or patents.
ARBITRATION CANNOT FILE A CLAIM IN COURT OR CONDUCT A JURY TRIAL.
You and Twitch agree to notify each other in writing of any dispute within thirty (30) days of its arising.
Notification to Twitch should be sent to the following address: Twitch Interactive, Inc.,
Attn: Legal, 350 Bush Street, 2nd Floor, San Francisco, CA 94104, United States.
Additionally, you and Twitch agree to: endeavor to resolve a dispute informally prior to submitting any request for arbitration; the arbitration was held in Santa Clara County, California; this arbitration was conducted in confidence by a single arbitrator consistent with JAMS rules; the state or federal courts in Santa Clara County, California, had exclusive jurisdiction over all appeals of an arbitral award and any suit between the parties that is not the subject of the arbitration proceedings.
In addition to the class actions and remedies discussed below, the conciliator has the right to take any remedy that would otherwise be available to the courts.
Any dispute between the parties will be governed by this Agreement and the laws of the State of California and applicable United States laws, without being affected by any conflict of laws principles that may provide for the application of the laws of another jurisdiction.
Whether the dispute is referred to arbitration or to court, you and Twitch will not bring a class action, class arbitration, or other class action action against each other.
(ii) If you are a resident of any jurisdiction where the provision of the above clause has been determined to be unenforceable, any dispute, claim or cause of action arising out of or relating to these Terms of Service shall be governed by and construed in accordance with the laws of your jurisdiction of residence and will be adjudicated by the civil courts of law in your place of residence.
e.
Claims
YOU AND TWITCH AGREE THAT ANY GROUNDS OF CLAIM ARISING FROM OR RELATED TO THE TWITCH SERVICES SHOULD BE BOUGHT WITHIN ONE (1) YEAR AFTER THE GROUNDS OF CLAIM ARISE.
OTHERWISE, SUCH BASIS FOR CLAIMS SHALL LATE.
16.
Various
a.
Repeal.
If we fail to exercise or enforce any right or provision of these Terms of Service, this will not constitute a waiver of that right or provision.
Any waiver of any provision of these Terms of Service will only come into effect in writing and signed by the appropriate party.
b.
Severability
If any provision of these Terms of Service is found to be unlawful, ineffective, or unenforceable for any reason, then such provision will be limited or eliminated from these Terms of Service to the minimum extent necessary and will not affect the validity or enforceability of any remaining provisions.
c.
Transfer
These Terms of Service, and any rights and licenses granted under this agreement, may not be transferred or assigned by you, but may be freely transferred by Twitch.
Any attempted assignment that is inconsistent with these Terms of Service will be void.
d.
It will remain in force
Upon termination of these Terms of Service, any provision thereof, which by its nature or expressly provided terms shall remain in effect, will survive such termination or termination, including, without limitation, clauses 7, 8, 11, 12 and 15-17.
e.
Entire Agreement
The terms of use, together with the sales rules and community guidelines, constitute the entire agreement concluded between you and Twitch in connection with the subject matter of this document and should not be modified other than in writing signed by authorized representatives of both parties, or as a result of changes to these terms use of Twitch introduced services as described in clause 6 above.
17.
Requests for Information and How to Make Requests for Disclosure
All requests for information or documents related to potential, anticipated or pending legal proceedings, investigations or disputes must be made through an appropriate level of legal process and must be properly served on Twitch through the Corporation Service Company (CSC), Twitch's registered domestic agent.
Below is the California CSC address (you can find the CSC office in your jurisdiction on the Secretary of State's website):
Twitch Interactive, Inc.
c/o Corporation Service Company
2710 Gateway Oaks Drive, Suite 150N
Sacramento CA 95833, United States.
Note: Twitch does not accept requests for information or documents or service of pleadings by email or fax, and will not respond to such requests.
All requests must contain information that can help us identify the relevant records (especially regarding the Twitch Service, e.g.
www.twitch.tv, and what they refer to, e.g.
Twitch usernames: http://www.twitch.tv/username) what specific information is requested and how it relates to the issue you are investigating.
Please also note that limiting your application to meaningful provisions (e.g.
for a limited period) will ensure that the application is processed more efficiently.
The Twitch Services are offered by Twitch Interactive, Inc.
located at 350 Bush Street, 2nd Floor, San Francisco, CA 94104, United States.
E-mail: help@twitch.tv.
If you are a California resident, you may receive the same information by e-mail by sending a letter to the above address, which includes your e-mail address and a request for this information.
18.
Detailed Terms and Conditions for Twitch Soundtrack
The Twitch Soundtrack ("Soundtrack"), which is part of the Twitch Services, is a streamer tool that enables creators to play their licensed music in the background of their live streams and to upload recordings of those streams that do not contain such music.
By downloading, installing and / or otherwise using Soundtrack, you agree that the download, installation and / or use of Soundtrack will be governed by these Terms of Service.
The Twitch Community Guidelines and Music Guidelines also apply.
We recommend that you familiarize yourself with both resources before using Soundtrack.
The soundtrack was created out of Twitch's desire to offer creators a wide range of licensed music for live streaming.
To make this possible, Twitch has obtained licenses from many different rights holders, and continues to do so to add new songs to Soundtrack stations and playlists.
Additionally, Twitch designed the Soundtrack to allow creators to record their live streams without such music.
Licenses obtained by Twitch allow these materials to be made available for use in live streams on your Twitch channel.
Music and other material provided by Soundtrack is not licensed for use by you in pre-recorded material, material that can be streamed on demand (such as VODs and clips), or outside of the Twitch Services.
This means that you cannot:
Create on-demand content with Soundtrack material - we designed the Soundtrack with this limitation in mind.
Correct configuration will allow you to create and use musicless live stream recordings that include music from Soundtrack; and
Live stream content that includes music or other Soundtrack material outside of the Twitch Services.
Failure to do so may result in notification of alleged copyright infringement on the part of the copyright owners and their representatives.
Finally, we want to warn you that music rights evolve over time.
Therefore, we reserve the right to modify or remove some songs or other material from the Soundtrack at any time (for example, if it becomes necessary to comply with a license or applicable law).
Twitch is not responsible for the way Soundtrack users use the service.