{"service":{"name":"Twitch","url":"https://www.twitch.tv/p/en/legal/terms-of-service/","lang":"ENG","sector":"Video","hq":"US","hq_category":"US","is_public":"Indirectly public","is_paid":"Optionally paid","date":"01.01.2021"},"document":{"title":"","text":"Last modified on 01/01/2021\nTerms of Service\n1. Introduction; Your Agreement to these Terms of Service\n2. Use of Twitch by Minors and Blocked Persons\n3. Privacy Notice\n4. Account\n5. Use of Devices and Services\n6. Modification of these Terms of Service\n7. License\n8. User Content\n9. Prohibited Conduct\n10. Respecting Copyright\n11. Trademarks\n12. Third-Party Content\n13. Idea Submission\n14. Termination\n15. Disputes\n16. Miscellaneous\n17. Requests for Information and How to Serve a Subpoena\n18. Specific Terms for Soundtrack by Twitch\n\n1. Introduction; Your Agreement to these Terms of\nService\nPLEASE READ THESE TERMS OF SERVICE CAREFULLY. THIS IS A\nBINDING CONTRACT. Welcome to the services operated by Twitch\nInteractive, Inc. (collectively with its affiliates, “Twitch” or “We”)\nconsisting of the website available at https://www.twitch.tv, and its\nnetwork of websites, software applications, or any other products or\nservices offered by Twitch (the “Twitch Services”). Other services\noffered by Twitch may be subject to separate terms.\nWhen using the Twitch Services, you will be subject to\nTwitch’s Community Guidelines and additional guidelines or rules that\nare posted on the Twitch Services, made available to you, or\ndisclosed to you in connection with specific services and features.\nTwitch may also offer certain paid services, which are subject to\nthe Twitch Terms of Sale as well as any additional terms or conditions\nthat are disclosed to you in connection with such services. All such\nterms and guidelines (the “Guidelines”) are incorporated into these\nTerms of Service by reference.\nThe Terms of Service apply whether you are a user that registers an\naccount with the Twitch Services or an unregistered user. You agree\nthat by clicking “Sign Up” or otherwise registering, downloading,\naccessing, or using the Twitch Services, you are entering into a legally\nbinding agreement between you and Twitch regarding your use of the\nTwitch Services. You acknowledge that you have read, understood,\nand agree to be bound by these Terms of Service. If you do not agree\nto these Terms of Service, do not access or otherwise use any of the\nTwitch Services.\nWhen using Twitch or opening an account with Twitch on behalf of a\ncompany, entity, or organization (collectively, “Subscribing\nOrganization”), you represent and warrant that you: (i) are an\n\nauthorized representative of that Subscribing Organization with the\nauthority to bind that organization to these Terms of Service and grant\nthe licenses set forth herein; and (ii) agree to these Terms of Service\non behalf of such Subscribing Organization.\n2. Use of Twitch by Minors and Blocked Persons\nThe Twitch Services are not available to persons under the age of 13.\nIf you are between the ages of 13 and the age of legal majority in your\njurisdiction of residence, you may only use the Twitch Services under\nthe supervision of a parent or legal guardian who agrees to be bound\nby these Terms of Service.\nThe Twitch Services are also not available to any users previously\nremoved from the Twitch Services by Twitch or to any persons barred\nfrom receiving them under the laws of the United States (such as its\nexport and re-export restrictions and regulations) or applicable laws in\nany other jurisdiction.\nBY DOWNLOADING, INSTALLING, OR OTHERWISE USING THE\nTWITCH SERVICES, YOU REPRESENT THAT YOU ARE AT LEAST 13\nYEARS OF AGE, THAT YOUR PARENT OR LEGAL GUARDIAN\nAGREES TO BE BOUND BY THESE TERMS OF SERVICE IF YOU\nARE BETWEEN 13 AND THE AGE OF LEGAL MAJORITY IN YOUR\nJURISDICTION OF RESIDENCE, AND THAT YOU HAVE NOT BEEN\nPREVIOUSLY REMOVED FROM AND ARE NOT PROHIBITED FROM\nRECEIVING THE TWITCH SERVICES.\n3. Privacy Notice\nYour privacy is important to Twitch. Please see our Privacy Notice for\ninformation relating to how we collect, use, and disclose your\npersonal information, and our Privacy Choices on how you can\nmanage your online privacy when you use the Twitch Services.\n4. Account\n\na. Account and Password\nIn order to open an account, you will be asked to provide us with\ncertain information such as an account name and password.\nYou are solely responsible for maintaining the confidentiality of your\naccount, your password and for restricting access to your computer.\nIf you permit others to use your account credentials, you agree to\nthese Terms of Service on behalf of all other persons who use the\nServices under your account or password, and you are responsible\nfor all activities that occur under your account or password. Please\nmake sure the information you provide to Twitch upon registration and\nat all other times is true, accurate, current, and complete to the best\nof your knowledge.\nUnless expressly permitted in writing by Twitch, you may not sell, rent,\nlease, share, or provide access to your account to anyone else,\nincluding without limitation, charging anyone for access to\nadministrative rights on your account. Twitch reserves all available\nlegal rights and remedies to prevent unauthorized use of the Twitch\nServices, including, but not limited to, technological barriers, IP\nmapping, and, in serious cases, directly contacting your Internet\nService Provider (ISP) regarding such unauthorized use.\nb. Third-Party Accounts\nTwitch may permit you to register for and log on to the Twitch\nServices via certain third-party services. The third party’s collection,\nuse, and disclosure of your information will be subject to that third-\nparty service’s privacy notice. Further information about how Twitch\ncollects, uses, and discloses your personal information when you link\nyour Twitch account with your account on any third-party service can\nbe found in our Privacy Notice.\n5. Use of Devices and Services\n\nAccess to the Twitch Services may require the use of your personal\ncomputer or mobile device, as well as communications with or use of\nspace on such devices. You are responsible for any Internet\nconnection or mobile fees and charges that you incur when accessing\nthe Twitch Services.\n6. Modification of these Terms of Service\nTwitch may amend any of the terms of these Terms of Service by\nposting the amended terms. Your continued use of the Twitch\nServices after the effective date of the revised Terms of Service\nconstitutes your acceptance of the terms.\nFor residents of the Republic of Korea, Twitch will provide reasonable\nprior notice regarding any material amendments to its Terms of\nService.  All amendments shall become effective no sooner than 30\ncalendar days after posting; provided that any amendment regarding\nnewly available features of the Service, features of the Service that are\nbeneficial to the user, or changes made for legal reasons may become\neffective immediately.\n7. License\nThe Twitch Services are owned and operated by Twitch. Unless\notherwise indicated, all content, information, and other materials on\nthe Twitch Services (excluding User Content, set out in Section 8\nbelow), including, without limitation, Twitch’s trademarks and logos,\nthe visual interfaces, graphics, design, compilation, information,\nsoftware, computer code (including source code or object code),\nservices, text, pictures, information, data, sound files, other files, and\nthe selection and arrangement thereof (collectively, the “Materials”)\nare protected by relevant intellectual property and proprietary rights\nand laws. All Materials are the property of Twitch or its subsidiaries or\naffiliated companies and/or third-party licensors. Unless otherwise\nexpressly stated in writing by Twitch, by agreeing to these Terms of\n\nService you are granted a limited, non-sublicensable license (i.e., a\npersonal and limited right) to access and use the Twitch Services for\nyour personal use or internal business use only.\nTwitch reserves all rights not expressly granted in these Terms of\nService. This license is subject to these Terms of Service and does\nnot permit you to engage in any of the following: (a) resale or\ncommercial use of the Twitch Services or the Materials; (b)\ndistribution, public performance or public display of any Materials; (c)\nmodifying or otherwise making any derivative uses of the Twitch\nServices or the Materials, or any portion of them; (d) use of any data\nmining, robots, or similar data gathering or extraction methods; (e)\ndownloading (except page caching) of any portion of the Twitch\nServices, the Materials, or any information contained in them, except\nas expressly permitted on the Twitch Services; or (f) any use of the\nTwitch Services or the Materials except for their intended purposes.\nAny use of the Twitch Services or the Materials except as specifically\nauthorized in these Terms of Service, without the prior written\npermission of Twitch, is strictly prohibited and may violate intellectual\nproperty rights or other laws. Unless explicitly stated in these Terms of\nService, nothing in them shall be interpreted as conferring any license\nto intellectual property rights, whether by estoppel, implication, or\nother legal principles. Twitch can terminate this license as set out in\nSection 14.\n8. User Content\nTwitch allows you to distribute streaming live and pre-recorded audio-\nvisual works; to use services, such as chat, bulletin boards, forum\npostings, wiki contributions, and voice interactive services; and to\nparticipate in other activities in which you may create, post, transmit,\nperform, or store content, messages, text, sound, images,\napplications, code, or other data or materials on the Twitch Services\n(“User Content”).\n\na. License to Twitch\n(i) Unless otherwise agreed to in a written agreement between you\nand Twitch that was signed by an authorized representative of Twitch,\nif you submit, transmit, display, perform, post, or store User Content\nusing the Twitch Services, you grant Twitch and its sub-licensees, to\nthe furthest extent and for the maximum duration permitted by\napplicable law (including in perpetuity if permitted under applicable\nlaw), an unrestricted, worldwide, irrevocable, fully sub-licenseable,\nnonexclusive, and royalty-free right to: (a) use, reproduce, modify,\nadapt, publish, translate, create derivative works from, distribute,\nperform, and display such User Content (including without limitation\nfor promoting and redistributing part or all of the Twitch Services (and\nderivative works thereof) in any form, format, media, or media\nchannels now known or later developed or discovered; and (b) use the\nname, identity, likeness, and voice (or other biographical information)\nthat you submit in connection with such User Content. Should such\nUser Content contain the name, identity, likeness, and voice (or other\nbiographical information) of third parties, you represent and warrant\nthat you have obtained the appropriate consents and/or licenses for\nyour use of such features and that Twitch and its sub-licensees are\nallowed to use them to the extent indicated in these Terms of Service.\n(ii) With respect to User Content known as “add-ons”, “maps”,\n“mods”, or other types of projects submitted through\nCurseForge.com or related sites (the “Submitted Projects”), the rights\ngranted by you hereunder terminate once you remove or delete such\nSubmitted Projects from the Twitch Services. You also acknowledge\nthat Twitch may retain, but not display, distribute, or perform, server\ncopies of Submitted Projects that have been removed or deleted.\n(iii) With respect to streaming live and pre-recorded audio-visual\nworks, the rights granted by you hereunder terminate once you delete\nsuch User Content from the Twitch Services, or generally by closing\n\nyour account, except:(a) to the extent you shared it with others as part\nof the Twitch Services and others copied or stored portions of the\nUser Content (e.g., made a Clip); (b) Twitch used it for promotional\npurposes; and (c) for the reasonable time it takes to remove from\nbackup and other systems.\nb. User Content Representations and Warranties\nYou are solely responsible for your User Content and the\nconsequences of posting or publishing it. You represent and warrant\nthat: (1) you are the creator or own or control all right in and to the\nUser Content or otherwise have sufficient rights and authority to grant\nthe rights granted herein; (2) your User Content does not and will not:\n(a) infringe, violate, or misappropriate any third-party right, including\nany copyright, trademark, patent, trade secret, moral right, privacy\nright, right of publicity, or any other intellectual property or proprietary\nright, or (b) defame any other person; (3) your User Content does not\ncontain any viruses, adware, spyware, worms, or other harmful or\nmalicious code; and (4) unless you have received prior written\nauthorization, your User Content specifically does not contain any\npre-release or non-public beta software or game content or any\nconfidential information of Twitch or third parties. Twitch reserves all\nrights and remedies against any users who breach these\nrepresentations and warranties.\nc. Content is Uploaded at Your Own Risk\nTwitch uses reasonable security measures in order to attempt to\nprotect User Content against unauthorized copying and distribution.\nHowever, Twitch does not guarantee that any unauthorized copying,\nuse, or distribution of User Content by third parties will not take place.\nTo the furthest extent permitted by applicable law, you hereby agree\nthat Twitch shall not be liable for any unauthorized copying, use, or\ndistribution of User Content by third parties and release and forever\n\nwaive any claims you may have against Twitch for any such\nunauthorized copying or usage of the User Content, under any theory.\nTHE SECURITY MEASURES TO PROTECT USER CONTENT USED\nBY TWITCH HEREIN ARE PROVIDED AND USED “AS-IS” AND WITH\nNO WARRANTIES, GUARANTEES, CONDITIONS, ASSURANCES, OR\nOTHER TERMS THAT SUCH SECURITY MEASURES WILL\nWITHSTAND ATTEMPTS TO EVADE SECURITY MECHANISMS OR\nTHAT THERE WILL BE NO CRACKS, DISABLEMENTS, OR OTHER\nCIRCUMVENTION OF SUCH SECURITY MEASURES.\nd. Promotions\nUsers may promote, administer, or conduct a promotion (e.g., a\ncontest or sweepstakes) on, through, or utilizing the Twitch Services\n(a “Promotion”). If you choose to promote, administer, or conduct a\nPromotion, you must adhere to the following rules: (1) You may carry\nout Promotions to the extent permitted by applicable law and you are\nsolely responsible for ensuring that any Promotions comply with any\nand all applicable laws, obligations, and restrictions; (2) You will be\nclassified as the promoter of your Promotion in the applicable\njurisdiction(s) and you will be solely responsible for all aspects of and\nexpenses related to your Promotion, including without limitation the\nexecution, administration, and operation of the Promotion; drafting\nand posting any official rules; selecting winners; issuing prizes; and\nobtaining all necessary third-party permissions and approvals,\nincluding without limitation filing any and all necessary registrations\nand bonds. Twitch has the right to remove your Promotion from the\nTwitch Services if Twitch reasonably believes that your Promotion\ndoes not comply with the Terms of Service or applicable law; (3)\nTwitch is not responsible for and does not endorse or support any\nsuch Promotions. You may not indicate that Twitch is a sponsor or co-\nsponsor of the Promotion; and (4) You will display or read out the\nfollowing disclaimer when promoting, administering, or conducting a\n\nPromotion: “This is a promotion by [Your Name]. Twitch does not\nsponsor or endorse this promotion and is not responsible for it.”.\ne. Endorsements/Testimonials\nYou agree that your User Content will comply with the\nFTC’s Guidelines Concerning the Use of Testimonials and\nEndorsements in Advertising, the FTC’s Disclosures Guide, the\nFTC’s Native Advertising Guidelines, and any other guidelines issued\nby the FTC from time to time (the “FTC Guidelines”), as well as any\nother advertising guidelines required under applicable law. For\nexample, if you have been paid or provided with free products in\nexchange for discussing or promoting a product or service through\nthe Twitch Services, or if you are an employee of a company and you\ndecide to discuss or promote that company’s products or services\nthrough the Twitch Services, you agree to comply with the FTC\nGuidelines’ requirements for disclosing such relationships. You, and\nnot Twitch, are solely responsible for any endorsements or\ntestimonials you make regarding any product or service through the\nTwitch Services.\nf. Political Activity\nSubject to these Terms of Service and the Community Guidelines, you\nmay share political opinions; participate in political activity; provide\nlinks to a political committee’s official website, including the\ncontribution page of a political committee; and solicit viewers to make\ncontributions directly to a political committee. You agree, however,\nthat these activities are entirely your own. Moreover, by engaging in\nthese activities, you represent and warrant that you are eligible to\nengage in them under applicable law, and that you will abide by all\nrelevant laws and regulations while doing so.\nYou agree not to solicit the use of or use any Twitch monetization tool\n(e.g., Bits or subscriptions) for the purpose of making or delivering a\n\ncontribution to a candidate, candidate’s committee, political action\ncommittee, ballot committee, or any other campaign committee, or\notherwise for the purpose of influencing any election. Candidates for\npolitical office are not eligible to use any Twitch monetization tool on\ntheir channels.\n9. Prohibited Conduct\nYOU AGREE NOT TO violate any law, contract, intellectual property,\nor other third-party right; not to commit a tort, and that you are solely\nresponsible for your conduct while on the Twitch Services.\nYou agree that you will comply with these Terms of Service and\nTwitch’s Community Guidelines and will not:\ni. create, upload, transmit, distribute, or store any content that is\ninaccurate, unlawful, infringing, defamatory, obscene, pornographic,\ninvasive of privacy or publicity rights, harassing, threatening, abusive,\ninflammatory, or otherwise objectionable;\nii. impersonate any person or entity; falsely claim an affiliation with\nany person or entity; access the Twitch Services accounts of others\nwithout permission; forge another person’s digital signature;\nmisrepresent the source, identity, or content of information\ntransmitted via the Twitch Services; or perform any other similar\nfraudulent activity;\niii. send junk mail or spam to users of the Twitch Services, including\nwithout limitation unsolicited advertising, promotional materials, or\nother solicitation material; bulk mailing of commercial advertising,\nchain mail, informational announcements, charity requests, petitions\nfor signatures, or any of the preceding things related to promotional\ngiveaways (such as raffles and contests); and other similar activities;\niv. harvest or collect email addresses or other contact information of\nother users from the Twitch Services;\n\nv. defame, harass, abuse, threaten, or defraud users of the Twitch\nServices, or collect or attempt to collect, personal information about\nusers or third parties without their consent;\nvi. delete, remove, circumvent, disable, damage, or otherwise interfere\nwith (a) security-related features of the Twitch Services or User\nContent, (b) features that prevent or restrict use or copying of any\ncontent accessible through the Twitch Services, (c) features that\nenforce limitations on the use of the Twitch Services or User Content,\nor (d) the copyright or other proprietary rights notices on the Twitch\nServices or User Content;\nvii. reverse engineer, decompile, disassemble, or otherwise attempt to\ndiscover the source code of the Twitch Services or any part thereof,\nexcept and only to the extent that this activity is expressly permitted\nby the law of your jurisdiction of residence;\nviii. modify, adapt, translate, or create derivative works based upon\nthe Twitch Services or any part thereof, except and only to the extent\nthat such activity is expressly permitted by applicable law\nnotwithstanding this limitation;\nix. interfere with or damage the operation of the Twitch Services or\nany user’s enjoyment of them, by any means, including uploading or\notherwise disseminating viruses, adware, spyware, worms, or other\nmalicious code;\nx. relay email from a third party’s mail servers without the permission\nof that third party;\nxi. access any website, server, software application, or other\ncomputer resource owned, used, and/or licensed by Twitch, including\nbut not limited to the Twitch Services, by means of any robot, spider,\nscraper, crawler, or other automated means for any purpose, or\nbypass any measures Twitch may use to prevent or restrict access to\n\nany website, server, software application, or other computer resource\nowned, used, and/or licensed by Twitch, including but not limited to\nthe Twitch Services;\nxii. manipulate identifiers in order to disguise the origin of any User\nContent transmitted through the Twitch Services;\nxiii. interfere with or disrupt the Twitch Services or servers or networks\nconnected to the Twitch Services, or disobey any requirements,\nprocedures, policies, or regulations of networks connected to the\nTwitch Services; use the Twitch Services in any manner that could\ninterfere with, disrupt, negatively affect, or inhibit other users from\nfully enjoying the Twitch Services, or that could damage, disable,\noverburden, or impair the functioning of the Twitch Services in any\nmanner;\nxiv. use or attempt to use another user’s account without\nauthorization from that user and Twitch;\nxv. attempt to circumvent any content filtering techniques we employ,\nor attempt to access any service or area of the Twitch Services that\nyou are not authorized to access;\nxvi. attempt to indicate in any manner, without our prior written\npermission, that you have a relationship with us or that we have\nendorsed you or any products or services for any purpose; and\nxvii. use the Twitch Services for any illegal purpose, or in violation of\nany local, state, national, or international law or regulation, including\nwithout limitation laws governing intellectual property and other\nproprietary rights, data protection, and privacy.\nTo the extent permitted by applicable law, Twitch takes no\nresponsibility and assumes no liability for any User Content or for any\nloss or damage resulting therefrom, nor is Twitch liable for any\nmistakes, defamation, slander, libel, omissions, falsehoods, obscenity,\n\npornography, or profanity you may encounter when using the Twitch\nServices. Your use of the Twitch Services is at your own risk. In\naddition, these rules do not create any private right of action on the\npart of any third party or any reasonable expectation that the Twitch\nServices will not contain any content that is prohibited by such rules.\nTwitch is not liable for any statements or representations included in\nUser Content. Twitch does not endorse any User Content, opinion,\nrecommendation, or advice expressed therein, and Twitch expressly\ndisclaims any and all liability in connection with User Content. To the\nfullest extent permitted by applicable law, Twitch reserves the right to\nremove, screen, or edit any User Content posted or stored on the\nTwitch Services at any time and without notice, including where such\nUser Content violates these Terms of Service or applicable law, and\nyou are solely responsible for creating backup copies of and replacing\nany User Content you post or store on the Twitch Services at your\nsole cost and expense. Any use of the Twitch Services in violation of\nthe foregoing violates these Terms of Service and may result in,\namong other things, termination or suspension of your rights to use\nthe Twitch Services.\nFor Residents of the Republic of Korea, except in the case where\nTwitch reasonably considers that giving notice is legally prohibited (for\ninstance, when providing notice would either (i) violate applicable\nlaws, regulations, or orders from regulatory authorities or (ii)\ncompromise an ongoing investigation conducted by a regulatory\nauthority) or that any notice may cause harm to you, third parties,\nTwitch, and/or its affiliates (for instance, when providing notice harms\nthe security of the Twitch Services), Twitch will without delay notify\nyou of the reason for taking the relevant step.\n10. Respecting Copyright\n\nTwitch respects the intellectual property of others and follows the\nrequirements set forth in the Digital Millennium Copyright Act\n(“DMCA”) and other applicable laws. If you are the copyright owner or\nagent thereof and believe that content posted on the Twitch Services\ninfringes upon your copyright, please submit a notice following\nour DMCA Guidelines, which include further information about our\npolicies, what to include in your notice, and where to submit your\nnotice.\n11. Trademarks\nTWITCH, the Twitch logos, and any other product or service name,\nlogo, or slogan used by Twitch, and the look and feel of the Twitch\nServices, including all page headers, custom graphics, button icons,\nand scripts, are trademarks or trade dress of Twitch, and may not be\nused in whole or in part in connection with any product or service that\nis not Twitch’s, in any manner that is likely to cause confusion among\ncustomers, or in any manner that disparages or discredits Twitch,\nwithout our prior written permission. Any use of these trademarks\nmust be in accordance with the Twitch Trademark Guidelines.\nAll other trademarks referenced in the Twitch Services are the\nproperty of their respective owners. Reference on the Twitch Services\nto any products, services, processes, or other information by trade\nname, trademark, manufacturer, supplier, or otherwise does not\nconstitute or imply endorsement, sponsorship, or recommendation\nthereof by us or any other affiliation.\n12. Third-Party Content\nIn addition to the User Content, Twitch may provide other third-party\ncontent on the Twitch Services (collectively, the “Third-Party\nContent”). Twitch does not control or endorse any Third-Party Content\nand makes no representation or warranties of any kind regarding the\nThird-Party Content, including without limitation regarding its\n\naccuracy or completeness. Please be aware that we do not create\nThird-Party Content, update, or monitor it. Therefore we are not\nresponsible for any Third-Party Content on the Twitch Services.\nYou are responsible for deciding if you want to access or use third-\nparty websites or applications that link from the Twitch Services (the\n“Reference Sites”). Twitch does not control or endorse any such\nReference Sites or the information, materials, products, or services\ncontained on or accessible through Reference Sites, and makes no\nrepresentations or warranties of any kind regarding the Reference\nSites. In addition, your correspondence or business dealings with, or\nparticipation in promotions of, advertisers found on or through the\nTwitch Services are solely between you and such advertiser. Access\nand use of Reference Sites, including the information, materials,\nproducts, and services on or available through Reference Sites is\nsolely at your own risk.\n13. Idea Submission\nBy submitting ideas, suggestions, documents, and/or proposals (the\n“Submissions”) to Twitch or its employees, you acknowledge and\nagree that Twitch shall be entitled to use or disclose such\nSubmissions for any purpose in any way without providing\ncompensation or credit to you.\n14. Termination\nTo the fullest extent permitted by applicable law, Twitch reserves the\nright, without notice and in our sole discretion, to terminate your\nlicense to use the Twitch Services (including to post User Content)\nand to block or prevent your future access to and use of the Twitch\nServices, including where we reasonably consider that: (a) your use of\nthe Twitch Services violates these Terms of Service or applicable law;\n(b) you fraudulently use or misuse the Twitch Services; or (c) we are\nunable to continue providing the Twitch Services to you due to\n\ntechnical or legitimate business reasons. Our right to terminate your\nlicense includes the ability to terminate or to suspend your access to\nany purchased products or services, including any subscriptions,\nPrime Gaming, or Turbo accounts. To the fullest extent permitted by\napplicable law, your only remedy with respect to any dissatisfaction\nwith: (i) the Twitch Services, (ii) any term of these Terms of Service, (iii)\nany policy or practice of Twitch in operating the Twitch Services, or (iv)\nany content or information transmitted through the Twitch Services, is\nto terminate your account and to discontinue use of any and all parts\nof the Twitch Services.\nFor residents of the Republic of Korea, except in the case where\nTwitch reasonably considers that giving notice is legally prohibited (for\ninstance, when providing notice would either (i) violate applicable\nlaws, regulations, or orders from regulatory authorities or (ii)\ncompromise an ongoing investigation conducted by a regulatory\nauthority) or that any notice may cause harm to you, third parties,\nTwitch, and/or its affiliates (for instance, when providing notice harms\nthe security of the Twitch Services), Twitch will without delay notify\nyou of the reason for taking the relevant step.\n15. Disputes\na. Indemnification\nTo the fullest extent permitted by applicable law, you agree to\nindemnify, defend, and hold harmless Twitch, its affiliated companies,\nand each of our respective contractors, employees, officers, directors,\nagents,  third-party suppliers, licensors, and partners (individually and\ncollectively, the “Twitch Parties”) from any claims, losses, damages,\ndemands, expenses, costs, and liabilities, including legal fees and\nexpenses, arising out of or related to your access, use, or misuse of\nthe Twitch Services, any User Content you post, store, or otherwise\ntransmit in or through the Twitch Services, your violation of the rights\n\nof any third party, any violation by you of these Terms of Service, or\nany breach of the representations, warranties, and covenants made\nby you herein. You agree to promptly notify the Twitch Parties of any\nthird-party claim, and Twitch reserves the right, at your expense, to\nassume the exclusive defense and control of any matter for which you\nare required to indemnify Twitch, and you agree to cooperate with\nTwitch’s defense of these claims. Twitch will use reasonable efforts to\nnotify you of any such claim, action, or proceeding upon becoming\naware of it.\nb. Disclaimers; No Warranties\nTO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A)\nTHE TWITCH SERVICES AND THE CONTENT AND MATERIALS\nCONTAINED THEREIN ARE PROVIDED ON AN “AS IS” BASIS\nWITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR\nIMPLIED, EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY\nIN WRITING BY TWITCH; (B) THE TWITCH PARTIES DISCLAIM ALL\nOTHER WARRANTIES, STATUTORY, EXPRESS, OR IMPLIED,\nINCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF\nMERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,\nTITLE, AND NON-INFRINGEMENT AS TO THE TWITCH SERVICES,\nINCLUDING ANY INFORMATION, CONTENT, OR MATERIALS\nCONTAINED THEREIN; (C) TWITCH DOES NOT REPRESENT OR\nWARRANT THAT THE CONTENT OR MATERIALS ON THE TWITCH\nSERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR\nERROR-FREE; (D) TWITCH IS NOT RESPONSIBLE FOR\nTYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO TEXT OR\nPHOTOGRAPHY; AND (E) WHILE TWITCH ATTEMPTS TO MAKE\nYOUR ACCESS AND USE OF THE TWITCH SERVICES SAFE,\nTWITCH CANNOT AND DOES NOT REPRESENT OR WARRANT\nTHAT THE TWITCH SERVICES OR OUR SERVER(S) ARE FREE OF\nVIRUSES OR OTHER HARMFUL COMPONENTS, AND THEREFORE,\n\nYOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO\nDETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD. NO\nADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,\nOBTAINED BY YOU FROM TWITCH OR THROUGH THE TWITCH\nSERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY\nSTATED HEREIN.\nc. Limitation of Liability and Damages\ni. Limitation of Liability\nTO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) IN\nNO EVENT SHALL TWITCH OR THE TWITCH PARTIES BE LIABLE\nFOR ANY DIRECT, SPECIAL, INDIRECT, OR CONSEQUENTIAL\nDAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING\nBUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS\nOF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT\n(INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE,\nARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF\nOR INABILITY TO USE THE TWITCH SERVICES, THE CONTENT OR\nTHE MATERIALS, INCLUDING WITHOUT LIMITATION ANY\nDAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON ANY\nINFORMATION OBTAINED FROM TWITCH, OR THAT RESULT FROM\nMISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR\nEMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR\nTRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER\nOR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS\nFAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO\nTWITCH’S RECORDS, PROGRAMS, OR SERVICES; AND (B) IN NO\nEVENT SHALL THE AGGREGATE LIABILITY OF TWITCH, WHETHER\nIN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE,\nWHETHER ACTIVE, PASSIVE, OR IMPUTED), PRODUCT LIABILITY,\nSTRICT LIABILITY, OR OTHER THEORY, ARISING OUT OF OR\nRELATING TO THE USE OF OR INABILITY TO USE THE TWITCH\n\nSERVICES EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR\nACCESSING THE TWITCH SERVICES DURING THE TWELVE (12)\nMONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR\nONE HUNDRED DOLLARS, WHICHEVER IS GREATER. TO THE\nEXTENT THAT APPLICABLE LAW PROHIBITS LIMITATION OF SUCH\nLIABILITY, TWITCH SHALL LIMIT ITS LIABILITY TO THE FULL\nEXTENT ALLOWED BY APPLICABLE LAW.\nii. Reference Sites\nTHESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO\nDAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS\nOR SERVICES SOLD OR PROVIDED ON ANY REFERENCE SITES OR\nOTHERWISE BY THIRD PARTIES OTHER THAN TWITCH AND\nRECEIVED THROUGH OR ADVERTISED ON THE TWITCH SERVICES\nOR RECEIVED THROUGH ANY REFERENCE SITES.\niii. Basis of the Bargain\nYOU ACKNOWLEDGE AND AGREE THAT TWITCH HAS OFFERED\nTHE TWITCH SERVICES, USER CONTENT, MATERIALS, AND OTHER\nCONTENT AND INFORMATION, SET ITS PRICES, AND ENTERED\nINTO THESE TERMS OF SERVICE IN RELIANCE UPON THE\nWARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET\nFORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND\nLIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A\nREASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU\nAND TWITCH, AND THAT THE WARRANTY DISCLAIMERS AND\nLIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN\nESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND TWITCH.\nTWITCH WOULD NOT BE ABLE TO PROVIDE THE TWITCH\nSERVICES TO YOU ON AN ECONOMICALLY REASONABLE BASIS\nWITHOUT THESE LIMITATIONS.\nd. Applicable Law and Venue\n\n(i) To the fullest extent permitted by applicable law, you and Twitch\nagree that if you are a Subscribing Organization or a consumer\nresident of a jurisdiction other than those in (ii) below, the following\ngoverning law and arbitration provision applies:\nPLEASE READ THE FOLLOWING CAREFULLY BECAUSE IT\nREQUIRES YOU TO ARBITRATE DISPUTES WITH TWITCH AND\nLIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM\nTWITCH.\nYou and Twitch agree to arbitrate any dispute arising from these\nTerms of Service or your use of the Twitch Services, except that you\nand Twitch are not required to arbitrate any dispute in which either\nparty seeks equitable and other relief for the alleged unlawful use of\ncopyrights, trademarks, trade names, logos, trade secrets, or patents.\nARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM\nHAVING A JURY TRIAL. You and Twitch agree that you will notify each\nother in writing of any dispute within thirty (30) days of when it arises.\nNotice to Twitch shall be sent to: Twitch Interactive, Inc., Attn: Legal,\n350 Bush Street, 2nd Floor, San Francisco, CA 94104. You and Twitch\nfurther agree: to attempt informal resolution prior to any demand for\narbitration; that any arbitration will occur in Santa Clara County,\nCalifornia; that arbitration will be conducted confidentially by a single\narbitrator in accordance with the rules of JAMS; and that the state or\nfederal courts in Santa Clara County, California have exclusive\njurisdiction over any appeals of an arbitration award and over any suit\nbetween the parties not subject to arbitration. Other than class\nprocedures and remedies discussed below, the arbitrator has the\nauthority to grant any remedy that would otherwise be available in\ncourt. Any dispute between the parties will be governed by this\nAgreement and the laws of the State of California and applicable\nUnited States law, without giving effect to any conflict of laws\nprinciples that may provide for the application of the law of another\n\njurisdiction. Whether the dispute is heard in arbitration or in court, you\nand Twitch will not commence against the other a class action, class\narbitration, or other representative action or proceeding.\n(ii) If you are a resident in any jurisdiction in which the provision in the\nsection above is found to be unenforceable, then any disputes,\nclaims, or causes of action arising out of or in connection with these\nTerms of Service will be governed by and construed under the laws of\nyour jurisdiction of residence, and shall be resolved by competent civil\ncourts within your jurisdiction of residence.\ne. Claims\nYOU AND TWITCH AGREE THAT ANY CAUSE OF ACTION ARISING\nOUT OF OR RELATED TO THE TWITCH SERVICES MUST\nCOMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION\nACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS\nPERMANENTLY BARRED.\n16. Miscellaneous\na. Waiver\nIf we fail to exercise or enforce any right or provision of these Terms of\nService, it will not constitute a waiver of such right or provision. Any\nwaiver of any provision of these Terms of Service will be effective only\nif in writing and signed by the relevant party.\nb. Severability\nIf any provision of these Terms of Service is held to be unlawful, void,\nor for any reason unenforceable, then that provision will be limited or\neliminated from these Terms of Service to the minimum extent\nnecessary and will not affect the validity and enforceability of any\nremaining provisions.\nc. Assignment\n\nThese Terms of Service, and any rights and licenses granted\nhereunder, may not be transferred or assigned by you, but may be\nassigned by Twitch without restriction. Any assignment attempted to\nbe made in violation of this Terms of Service shall be void.\nd. Survival\nUpon termination of these Terms of Service, any provision which, by\nits nature or express terms should survive, will survive such\ntermination or expiration, including, but not limited to, Sections 7, 8,\n11, 12, and 15-17.\ne. Entire Agreement\nThe Terms of Service, which incorporate the Terms of Sale and the\nCommunity Guidelines, is the entire agreement between you and\nTwitch relating to the subject matter herein and will not be modified\nexcept by a writing signed by authorized representatives of both\nparties, or by a change to these Terms of Service made by Twitch as\nset forth in Section 6 above.\n17. Requests for Information and How to Serve a\nSubpoena\nAll requests for information or documents related to potential,\nanticipated, or current legal proceedings, investigations, or disputes\nmust be made using the appropriate level of legal process, and must\nbe properly served on Twitch via the Corporation Service Company\n(CSC), Twitch’s national registered agent. Please find below the\nCalifornia address for CSC (the CSC office in your jurisdiction may be\nlocated through the Secretary of State’s website):\nTwitch Interactive, Inc.\nc/o Corporation Service Company\n2710 Gateway Oaks Drive, Suite 150N\nSacramento, CA 95833\n\nPlease note that Twitch does not accept requests for information or\ndocuments, or service of process, via e-mail or fax and will not\nrespond to such requests. All requests must include the information\nyou may have that will help us identify the relevant records\n(particularly, the Twitch Service at issue, e.g., www.twitch.tv, and the\nusername at issue, e.g., the Twitch username:\nhttp://www.twitch.tv/username), the specific information requested,\nand its relationship to your investigation. Please also note that limiting\nyour request to the relevant records (e.g., a limited time period) will\nfacilitate efficient processing of your request.\nThe Twitch Services are offered by Twitch Interactive, Inc., located at:\n350 Bush Street, 2nd Floor, San Francisco, CA 94104 and email:\nhelp@twitch.tv. If you are a California resident, you may have this\nsame information emailed to you by sending a letter to the foregoing\naddress with your email address and a request for this information.\n18. Specific Terms for Soundtrack by Twitch\nSoundtrack by Twitch (“Soundtrack”), which is part of the Twitch\nServices, is a streamer tool designed to give creators the ability to\nplay licensed music in the background of their live streams and\nupload on-demand videos of those live streams that do not include\nsuch music. By downloading, installing, and/or otherwise using\nSoundtrack, you agree that your download, installation, and/or use of\nSoundtrack will be governed by these Terms of Service.\nTwitch’s Community Guidelines and Music Guidelines apply as well,\nand we recommend that you review both resources prior to using\nSoundtrack.\nSoundtrack was borne out of Twitch’s desire to offer creators a wide\nvariety of licensed music for live streaming. To make this possible,\nTwitch secured licenses with many different rights holders and\ncontinues to do so in order to add new tracks to Soundtrack’s\n\nstations and playlists. Twitch also designed Soundtrack to give\ncreators the ability to generate on-demand videos of their live streams\nthat do not include this music.\nThe licenses Twitch secured allow Twitch to make these materials\navailable to you for your use in live streams on your Twitch channel.\nMusic and other materials made available through Soundtrack have\nnot been licensed for your use in pre-recorded content, in content\nthat can be streamed on-demand (such as VODs and Clips), or\noutside the Twitch Services. What this means is that you may not:\nCreate on-demand content containing materials from Soundtrack –\nwe have designed Soundtrack with this restriction in mind, and\nproper setup will allow you to create and use music-free on-\ndemand videos of live streams that include Soundtrack music; or\nLive stream content that includes music or other materials from\nSoundtrack outside the Twitch Services.\nDoing any of the above may subject you to a notice of alleged\ninfringement from rights holders and their agents.\nLast, we want to alert you to the fact that music rights tend to evolve\nover time. Thus, we reserve the right to modify or remove certain\nsongs or other content from Soundtrack at any time (for example, as\nnecessary to comply with our music licenses or with applicable laws).\nTwitch takes no responsibility and assumes no liability in connection\nwith your use of Soundtrack.\n","paragraphs":null,"sentences":null},"annotations":[{"general_category":"Limitation of remedy clauses","name":"Limitation of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd","score":-1,"explanation":"Unlawful limitation of liablility for damages connected with the use of service, when the company limits its liability for at least one of the following: (a) personal injury or (b) non-performance against consumers or (c) intentionally caused damage"},{"general_category":"Limitation of remedy clauses","name":"Maximal threshold of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd_cap","score":-1,"explanation":"Everyone entitled to the damages connected with using the service may claim them only to a certain amount"},{"general_category":"Limitation of remedy clauses","name":"Limitation period","legal_ground":"art. 119 KC*****","code":"period","score":-1,"explanation":"The ToS contains a clause setting the time limit for bringing the action to court, without such ability after this period."},{"general_category":"Limitation of remedy clauses","name":"No promises","legal_ground":"Article 8 Directive 2019/770","code":"as_is","score":-1,"explanation":"Presence of as-is clause. An \"as-is clause\" is a contractual provision that states that the work or product being provided by the developer or service provider is provided in its current condition, without any additional warranties or guarantees, except for those explicitly stated in the agreement. It serves to limit the developer's liability and makes it clear that the client accepts the work as it is."},{"general_category":"Limitation of remedy clauses","name":"Indemnification clause","legal_ground":"-","code":"indemn","score":0,"explanation":"Indemnification clause is present in ToS. An indemnification clause establishes obligation for one party (the indemnifying party) to compensate the other party (the indemnified party) for specific costs and expenses arising from third-party claims or direct claims."},{"general_category":"Dispute resolution clauses","name":"Choice of law other than user's domicile","legal_ground":"Article 6 Rome I****","code":"c_law","score":-1,"explanation":"The ToS provides that a law other than the law of the user's habitual residence will apply to disputes arising in connection with the contract"},{"general_category":"Dispute resolution clauses","name":"Choice of forum other than user's domicile","legal_ground":"Annex 1(q) Directive 93/13","code":"c_forum","score":-1,"explanation":"The ToS provides that disputes arising in connection with the contract shall be resolved in a court of a different jurisdiction from that of the user's permanent residence"},{"general_category":"Dispute resolution clauses","name":"Mandatory arbitration","legal_ground":"Annex 1(q) Directive 93/13 + art. 385[3] pkt 23 KC","code":"arb","score":-1,"explanation":"The user is obliged to file a case before an arbitration court specified in the ToS, instead of suing the company with a traditional lawsuit."},{"general_category":"Dispute resolution clauses","name":"Class action waiver","legal_ground":"-","code":"class","score":-1,"explanation":"The ToS forbids the user to be in a group of people collectively filing a lawsuit as one party in civil proceedings."},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of contract","legal_ground":"Annex 1(j) Directive 93/13","code":"contr_chg","score":-1,"explanation":"When the company reserves the right to change the contract without a valid reason (the ToS state the company can always change the contract)"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of future prices","legal_ground":"partially Annex 1(j) Directive 93/13","code":"price_chg","score":1,"explanation":"When the company does not reserve the right to change the future price of services that were not yet supplied or enabled"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of service by the company","legal_ground":"Article 19 Directive 2019/770","code":"serv_chg","score":-1,"explanation":"When the company reserves the right to change the service without a valid reason (when the ToS state, that the company can always change the service or does not state any requriements at all). A service change is a situation, where a company unilaterally modifies the service, by changing existing design, adding or removing features, modyfing purpose of the service, etc."},{"general_category":"Unilateral alteration clauses","name":"Account deletion and unilateral termination of contract by the company","legal_ground":"Annex 1(g) Directive 93/13***","code":"acc_del","score":-1,"explanation":"When the company reserves the right to delete a user’s account without serious grounds or a notice period. By serious grounds we understood situations, where activity of the user was clearly illegal or violated crucial provisions of ToS. The notice period should be reasonably long, to allow the user preparation for termination of contract."},{"general_category":"Unilateral alteration clauses","name":"Transfer of contractual rights to another subject","legal_ground":"Annex 1(p) Directive 93/13","code":"transfer","score":-1,"explanation":"When the ToS allows for contractual rights’ transfer to another subject without user’s consent"},{"general_category":"Right to police the behaviour of users","name":"User content deletion","legal_ground":"partially inferred from Article 6 Directive 2019/770** & Article 17 DSA","code":"cnt_del","score":-1,"explanation":"When a company reserves a right to delete all content put in the service by the user without restrictions"},{"general_category":"Right to police the behaviour of users","name":"Account suspension","legal_ground":"partially inferred from Article 6 Directive 2019/770 & Article 17 DSA","code":"acc_sus","score":-1,"explanation":"When the company reserves the right to suspend a user’s account without serious grounds or a notice period"},{"general_category":"Regulatory requirements","name":"Internal complaint-handling system","legal_ground":"Article 17 DSA","code":"com_sys","score":-1,"explanation":"Lack of internal complaint-handling system that allow the user to file a complain on a decision made by the company concerning user's rights under the contract, before going to court or other institution. Information about a right to present the case to the court or other institution does not count."},{"general_category":"Regulatory requirements","name":"Retrieval of digital content by the user","legal_ground":"Article 16(4) Directive 2019/770","code":"cnt_retr","score":-1,"explanation":"Lack of clause ensuring the right to retrieve the digital content belonging to the the user after contract's termination."},{"general_category":"Various","name":"Excessive user content IP license ","legal_ground":"-","code":"IP","score":-1,"explanation":"ToS contains an IP license to the content put in the service by the user that neither states explicitly that it is needed to perform the service nor explains other purposes for using user's content"},{"general_category":"Various","name":"Discretional power to interpret the ToS","legal_ground":"Annex 1(m) Directive 93/13","code":"discret","score":0,"explanation":"Lack of discretional power clauses"},{"general_category":"Various","name":"Severability clauses ","legal_ground":"-","code":"sever","score":0,"explanation":"The ToS contains provisions that keep the remaining part of the contract in force in case a court declare one or more of its provisions unconstitutional, void, or unenforceable (severability clauses)"},{"general_category":"Various","name":"Right to incorporate user's feedback or suggestions without compensation","legal_ground":"-","code":"suggest","score":0,"explanation":"According to ToS, the company has a right to incorporate into the service user feedback or suggestions without compensation"}]}