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An “Influencer” is defined as a user of the Service offering to create promotional online media content for Advertisers (as defined below). The term "you" refers to the person or entity (i) visiting the Service, browsing or otherwise using the Service (including Influencers), or (ii) communicating with individuals or businesses registered on the Service (each, an “Advertiser”) for the purpose of creating promotional online media content for their products or services (each, a “Bounty”).
By accessing or using the Service, you accept and agree to be bound by and comply with these Terms. IF YOU DO NOT ACCEPT AND AGREE TO BE BOUND BY THESE TERMS, PLEASE DO NOT ACCESS OR USE THE SERVICE. If you are accessing or using the Service on behalf of another person or a corporate entity, you represent and warrant that you have the authority to bind such person or entity to these Terms.
The Service is provided solely (the “Permitted Use”) to: (i) as an Influencer, assist you in gathering information about the various types of Bounty opportunities and Advertisers available on the Service, including profiles, price ranges, and Bounty descriptions (each, an “Advertiser Profile”); (ii) as an Advertiser, assist you in gathering information about the various types of Bounties and Influencers available on the Service, including profiles, price quotes, and videos of Influencers (each, an “Influencer Profile”); (iii) enable you to post information regarding yourself and to respond to any Bounty opportunities; (iv) facilitate communication between Advertisers and Influencers with the objective of entering into a Bounty Order; (v) accept payments from Advertisers for Insertion Orders (as defined below); and (vi) transmit payments to Influencers under Bounty Orders.
1. Modifications to these Terms and Service
Twitch reserves the right to change these Terms at any time at our discretion. We will give you notice of the changes by posting an updated version of these Terms online, updating the “Last Modified” date above, or by emailing you at an email address you have provided. Changes to these Terms will be effective as of the date we post them or otherwise notify you of them, unless we specify a different effective date when we make a particular change. Your continued use of the Service after changes to these Terms take effect will constitute your acceptance of the changes. If you do not agree to a change, you must stop using the Service.
Twitch reserves the right to change any information, material or content (including, but not limited to, price, features, availability of Advertiser or Influencer, Influencer Profiles and Advertiser Profiles, types of Bounties, and reviews of Bounties and Advertisers) contained on or provided through the Service (the "Content") at any time, and from time to time, without notice.
2. License Grants
The Service is owned and operated by Twitch. Unless otherwise indicated, all content, information, and other materials on the Service are “Materials” as such term is defined in the TOS. Unless otherwise expressly stated in writing by Twitch, by agreeing to these Terms you are granted a license (i.e. a personal and limited right) to access and use the Service and Materials as set forth in Section 7 of the TOS.
Unless otherwise agreed to in a written agreement between you and Twitch that was signed by an authorized representative of Twitch, you grant to Twitch an unrestricted, worldwide, perpetual, irrevocable, fully sub-licensable, nonexclusive, and royalty-free right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display (in any form, format, media or media channels now known or later developed or discovered) any data, information, records and files that (1) you provide, transmit or stream through the Service, or (2) we collect from your local computer system or from third-parties with your permission (collectively, “Bounty Board User Content”) and (in each case) including all results from processing such data, including compilations and derivative works thereof. All Bounty Board User Content is “User Content” as such term is defined in the TOS. For the removal of doubt, Bounty Board User Content is NOT "Media Company Advertising Materials" as such term is defined in Version 3.0 of the Standard Terms and Conditions for Interactive Advertising for Media Buys of One Year or Less.
3. Terms and Termination
Twitch reserves the right, without notice and in our sole discretion, to terminate your license to use the Service and to block or prevent your future access to and use of the Service. Your only remedy with respect to any dissatisfaction with (i) the Service, (ii) any term of these Terms, (iii) any policy or practice of Twitch in operating the Service, or (iv) any content or information transmitted through the Service, is to terminate your account and to discontinue use of any and all parts of the Service.
Any Insertion Order (as defined below) or Bounty Order shall be subject to the cancellation and payment provisions as specified in such Insertion Order or Bounty Order.
4. Insertion Orders and Bounty Orders
The Service permits Advertisers to enter into Bounties pursuant to which Influencers who have registered for our Service will provide online promotional content for Advertiser’s products or services. In order to have Influencers provide such content, Advertiser must enter into an agreement with Twitch that provides for payment to Twitch in order for Twitch to engage Influencers on behalf of Advertiser for the Bounty (each, an “Insertion Order”). The Insertion Order will contain (a) a description of the services Influencers will provide for the Bounty, (b) payment to Twitch, and (c) any other terms and conditions agreed upon between Twitch and the Advertiser through this Service or otherwise.
In order to participate in a particular Bounty, Influencer must enter into an agreement with Twitch (each, a “Bounty Order”) that contains: (a) a description of the services Influencers will provide for the Bounty, (b) payment from Twitch, and (c) any other terms and conditions as agreed upon between Influencer and the Twitch through this Service or otherwise. Influencer further understands and agrees that any content submitted through the Service shall remain publicly accessible as specified in the Bounty Order.
Twitch does not make any representations or warranties of any kind with respect to an Advertiser or a Bounty Order.
Advertiser will pay Twitch for each Bounty the amount set forth in the Insertion Order, under the terms set forth in the Insertion Order.
Twitch will pay each Influencer the amount set forth in the Bounty Order, under the terms set forth in the Bounty Order. Twitch, in its sole discretion, may withhold payments to Influencer for breach of applicable law, or the Bounty Order.
6. No Unlawful or Prohibited Use
BY USING THE SERVICE, YOU AGREE NOT TO violate any law, contract, intellectual property or other third-party right or commit a tort, and that you are solely responsible for your conduct while on the Service.
Twitch takes no responsibility and assumes no liability for any Bounty Board User Content or for any loss or damage resulting therefrom, nor is Twitch liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter when using the Service. Your use of the Service is at your own risk. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the Service will not contain any content that is prohibited by such rules.
Twitch is not liable for any statements or representations included in Bounty Board User Content. Twitch does not endorse any Bounty Board User Content, opinion, recommendation, or advice expressed therein, and Twitch expressly disclaims any and all liability in connection with Bounty Board User Content. Although Twitch has no obligation to screen, edit, or monitor any of the Bounty Board User Content, Twitch reserves the right, and has absolute discretion, to remove, screen or edit any Bounty Board User Content posted or stored on the Service at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing any Bounty Board User Content you post or store on the Service at your sole cost and expense. Any use of the Service in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of your rights to use the Service.
7. Clear and Prominent Disclosure in Bounties of Material Connections Between Influencer and Advertiser
You are required to follow the Federal Trade Commission’s Endorsement Guides (“FTC Guidelines”). You each understand and agree that you are required to clearly and conspicuously disclose any material connection between Influencer and the Advertiser.
Twitch may include disclosures within the Bounty in order to help you comply with FTC Guidelines. You will not obscure or remove any disclosures that are included by Twitch. However, as an Influencer or an Advertiser, it is your responsibility to independently understand and abide by all applicable laws, rules or regulations.
Material connections include, but are not necessarily limited to, the Advertiser providing Influencer with something of value, such as free use of products or services.
In general, disclosures should be:
- in clear and unambiguous language;
- as close as possible to the native ads to which they relate;
- in the same medium as the ad, for instance, in the video or in the Twitter post;
- in a font and color that’s easy to read;
- in a shade that stands out against the background;
- for video ads, on the screen long enough to be noticed, read, and understood; and
- for audio disclosures, read at a cadence that’s easy for consumers to follow and in words consumers will understand
You represent and warrant that you will abide by the above. If Twitch learns of Bounties you create or initiate that do not, in our sole discretion, abide by the FTC Guidelines, we may require you to add appropriate disclosures, and we may require you to suspend the Bounty until such disclosures are added. Repeated failure to include appropriate disclosures in your Bounties, or your failure to add disclosures upon request by Twitch, may result in termination of your account.