PLEASE READ THIS DOCUMENT CAREFULLY BEFORE YOU ACCESS OR USE THE WEBSITE OR DOWNLOAD OUR APPLICATION. BY USING THE APPLICATION OR ACCESSING OUR WEBSITE, YOU ARE ACKNOWLEDGING THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS AND AGREE TO BE LEGALLY BOUND BY THEM. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, PLEASE DO NOT ACCESS OUR WEBSITE OR USE OUR APPLICATION.
1. Your Agreement. These Terms govern (i) your use of the Application and Website, (ii) your receipt of and participation in Company’s services offered through the Application (our “Services”), (iii) any information you provide to us in connection with using the Application (such as usernames or account information), or any form of content such as live videos broadcasts, pre-recorded video blogs (“vlogs”), comments, digital images, audio files, and any other forms of media that you create and upload or post to (or otherwise transmit over) our Application (collectively, “User Content”); and (iv) your use of information obtained through the Application and Website, including information, software, artwork, text, video, audio, pictures, content, trademarks, trade dress, and other intellectual property owned by Company or its licensors and made available to you through the Application or Website (“Some Whatever Content”). Please read these Terms carefully; they impose legal obligations on you and on Company, and establish our legal relationship. By using the Application or accessing our Website, you are acknowledging that you have read and understood these Terms and agree to be legally bound by them. While you can visit the Website and review a range of information about Company, our Application, and our Services without registering, to download and use the Application and participate in the Services, we ask that you become a Registered User.
2. Obtaining an Account and Username; Protecting Your Account
2.1. Protecting Your Account. We may make the Application and certain areas of the Website accessible only to Registered Users. If we do so, we will treat anyone who is using your account as “you.” We will provide this user with all of the rights and privileges that we provide to you, and we will hold you responsible for the activities of any person using your account. Since we allow for signing up and logging in to your account through Short Message Service (SMS) text messaging on your mobile device, we recommend that you exercise precautions to safeguard your mobile device and your account information from unauthorized use or access by third-parties, and that you refrain from disclosing your mobile phone number and your account information to anyone who might “pretend” to be you with respect to the Website and your participation in the Services. We also ask that you notify us immediately if you suspect that someone is using your account in this or any inappropriate manner.
2.2. Adopting a Username. As further explained in Section 9, you shall not adopt a username that impersonates or otherwise suggests some relationship or affiliation with another person or entity. We reserve the right to require changes to any username that violates this policy in our sole discretion.
2.3. Consent to receive SMS text messages. The registration process provides Registered Users with the ability to establish an account through Short Message Service (SMS) text messaging, which allows them to gain access to certain areas of the Website and Application that are accessible only to Registered Users. By becoming a Registered User, you consent to receiving a SMS text message from us as part of the registration process.
2.4. Age Eligibility. YOU MUST BE AT LEAST 18 YEARS OLD TO USE OUR APPLICATION/WEBSITE AND SERVICES. The content on our Application is for MATURE AUDIENCES ONLY, and we do not permit anyone under the age of 18 (or the applicable age of majority in a user's jurisdiction) from downloading, registering, accessing, or otherwise using our Application and any related Services.
4. Grant of Rights to Registered Users
4.1. Grant of Rights to Registered Users. Subject to Your compliance with these Terms, you are granted a limited, non-exclusive, non-transferable, worldwide right to access, execute, display, perform, and otherwise use the Application and Some Whatever Content solely for Your personal purposes, provided that you shall not (i) license, sublicense, sell, resell, distribute or otherwise commercially exploit the Application or the Some Whatever Content to any third party; (ii) modify or make derivative works based upon the Application or Some Whatever Content; or (iii) reverse engineer, reverse compile, or access the Application or Some Whatever Content in order to build a competitive product or service. You may access and view certain other areas of the Website and features of the Application accessible only to Registered Users, for use solely in conjunction with the Application and Services and as provided in these Terms, and you may not modify, copy, distribute, or otherwise use the Application, Some Whatever Content or Services.
4.2. Duration of Rights. You will continue to enjoy your rights under Section 4 (Grant of Rights to Registered Users) for as long as you are a Registered User, unless your account is revoked or suspended for misconduct, as set out in Section 10 (Monitoring; Revocation or Suspension of Use Privileges).
5. Ownership; Reservation of Rights. The information, software, artwork, text, video, audio, pictures, trademarks, trade dress, and other intellectual property embodied in the Application, Website or the Some Whatever Content, are the proprietary property of Company and its licensors, and are protected by U.S. and international copyright and other intellectual property laws, or are used under the principles of fair use. Company and its licensors retain all rights with respect to the Application, Website, Services and the Some Whatever Content except those expressly granted to you in these Terms. You agree not to duplicate, publish, display, distribute, modify, or create derivative works from the material presented through the Application, the Website and/or through the Services unless specifically authorized in writing by Company.
6. In-App Purchases.
6.1. Purchases. Through the Application, the Company may allow you to purchase (“In-App Purchase”) virtual currency such as tvParty coins (“TVP Coins”) and virtual items and services (“Virtual Goods”) and may allow you to use such Virtual Goods for the benefit of other Registered Users. You acknowledge and agree that you are fully responsible for managing such In-App Purchases and the amounts you spend on In-App Purchases. In-App Purchases are designed to enhance the performance of the Services, and no purchase is required in order to use the Application.
6.2. Currency. All charges and payments for TVP Coins and Virtual Goods will be made in the currency specified at the point of purchase. Currency exchange settlements and foreign transaction fees, if any, are based on your agreement with your payment method provider.
6.3. Permissions. If you are not of legal age in the jurisdiction of your residence, then you must have your parent’s or guardian’s permission to make an In-App Purchase. By completing an In-App Purchase, you are confirming that you have obtained any and all permissions that may be necessary in order to allow you to make that In-App Purchase.
6.4. Replacements. The Company may redistribute previously purchased copies of Virtual Goods, if, in the Company’s sole determination, a purchaser of such Virtual Good received a corrupted or otherwise damaged item. The Company will not charge a Registered User a fee for a redownload. If a Virtual Good you have purchased is corrupted or otherwise damaged, then please send an email explaining the problem and the circumstances under which such problem arose to firstname.lastname@example.org. The Company may terminate, in its sole and absolute discretion, the account of any Registered User that is deemed to be abusing this provision.
6.5. No Refunds. The price for each In-App Purchase will be displayed at the point of purchase. All In-App Purchases are final, and the Company does not offer refunds for any In-App Purchases. For the purposes of this paragraph, an In-App Purchase is complete at the time our servers validate your purchase and the applicable TVP Coins are successfully credited to your account on our servers. If you cancel your account or if we suspend or terminate your account in accordance with these Terms, you may lose any TVP Coins you may have, and we will not compensate you for this loss or make any refund to you.
6.6. No Value Outside the Application. TVP Coins have no monetary value and can never be exchanged for real money, real goods, or real services from us or any third party. TVP Coins are a centralized virtual currency and, as such, have no speculative value and are not capable of being exchanged on any virtual currency exchange. You acknowledge and agree that TVP Coins are not transferable to anyone else, and you will not transfer or attempt to transfer any TVP Coins to anyone else.
6.7. Platform Provider. When you make an In-App Purchase, you are doing so through either Apple iTunes or Google Play, depending on the platform from which you originally downloaded the Application, and you agree to their respective terms and conditions (available at https://www.apple.com/legal/internet-services/itunes/us/terms.html and https://play.google.com/intl/en_us/about/play-terms.html). If you wish to confirm your purchase, or if you have any questions about your purchase, please consult your platform provider.
6.8. Changes to Pricing; Changes to In-App Purchases. The Company may revise the pricing for TVP Coins and Virtual Goods at any time and may limit the total amount of TVP Coins that may be purchased at any one time and/or the total amount that may be held in your account in the aggregate. The Company may modify, revalue, or make In-App Purchase more or less common, valuable, effective, or functional. If Company modifies, suspends or terminates any Virtual Goods, then you will forfeit the modified, suspended, or terminated Virtual Goods. Likewise, except as set forth in this Section or as required by applicable law, the Company is not responsible for repairing or replacing your Virtual Goods, or providing you with any credit or refund or any other sum, in the event of: (i) the Company’s change, suspension or termination of any Virtual Goods; or (ii) for loss or damage due to Service error, or any other reason. The Company reserves the right to terminate Virtual Goods for cause immediately at its sole discretion without advance notice or liability. In such event you will not be entitled to a pro-rata refund or credit.
6.9. Limits of Liability. Without limiting Section 6.8 (“Changes to Pricing; Changes to In-App Purchases”), Section 14 (Warranty Disclaimer), Section 15 (Limitation of Liability), and Section 16 (Indemnity), the Company has no responsibility whatsoever for injuries, losses, or damages of any kind that result from the purchase, possession, or use of any TVP Coins or Virtual Goods. THE COMPANY IS NOT RESPONSIBLE FOR LOST OR STOLEN USERNAMES AND PASSWORDS, OR ANY LOST OR STOLEN TVP COINS. THE COMPANY IS UNDER NO OBLIGATION TO CREDIT AN ACCOUNT WITH TVP COINS THAT MAY HAVE BEEN LOST OR FORFEITED DUE TO CIRCUMSTANCES INCLUDING, BUT NOT LIMITED TO, SOFTWARE MALFUNCTIONS, RE-REGISTRATION, BREACH OF SECURITY, FRAUD OR INADVERTENT ENTRY INTO YOUR ACCOUNT. THE COMPANY’S DECISIONS ON ALL MATTERS RELATING TO YOUR ACCOUNT SHALL BE FINAL AND BINDING IN ALL RESPECTS. THE COMPANY IS NOT RESPONSIBLE FOR CHANGES TO, OR DISCONTINUANCE OF THE IN-APP PURCHASE PROGRAM, OR FOR ANY EFFECT ON OR DEVALUATION OF REWARDS CAUSED BY SUCH CHANGE, DISCONTINUANCE, OR WITHDRAWAL. YOU ARE SOLELY RESPONSIBLE FOR DETERMINING WHETHER YOUR USE OF TVP COINS COMPLIES WITH APPLICABLE LAW IN THE JURISDICTION YOU RESIDE.
7. Fan Points.
7.1. Fan Points. Registered Users can buy TVP Coins and use those TVP Coins for the benefit of another Registered User (a "Broadcaster") by, for instance, boosting comments, co-hosting a live broadcast (guest star), and sending animations and other virtual gifts. Broadcasters earn points (“Fan Points”) every time a Registered User uses TVP Coins for the benefit of such Broadcaster. The Broadcaster will then be able to convert Fan Points into United States Dollars (“USD”), or redeem Fan Points for USD, via PayPal. Fan Points are virtual tokens that are licensed to you. Each Fan Point is, in effect, a limited, non-exclusive, personal, royalty-free, non-transferable and non-assignable license of a virtual token through which the Application enables Broadcasters to monetize their experience using the Application in a manner permitted by our Terms.
7.2. PayPal. Subject to the other terms and conditions herein, Broadcasters may convert Fan Points into USD, or redeem Fan Points for USD, by selecting the “CASH OUT” option within the Application. The use of PayPal shall be subject to the terms, conditions, and privacy policies of PayPal, located at https://www.paypal.com. The Company reserves the right to replace PayPal with another provider of such services at any time.
7.3. Fan Points are Not Money. You acknowledge and agree that Fan Points are not real or electronic money, or any type of financial or payment instrument, or linked to any of these. We do not promise that TVP Coins will be reflected as any guaranteed number of Fan Points, or that Fan Points can be used to redeem any guaranteed sum of money, or any money at all.
7.4. Validity of Fan Points. Fan Points do not expire, but the Company may, in its sole discretion, extend or revise all, or revoke earned Fan Points in the event of fraudulent or illegal activity or other violation of the Terms. The Company may, in its sole discretion, elect to cancel the Fan Points program. If, however, you have a balance of Fan Points and the Company elects to cancel the Fan Points program or you terminate your use of the Application, the Company may, in its sole discretion, permit you to cash out any Fan Points remaining in your account. The Company is the final authority on your qualification for Fan Points and reserves the right to deduct Fan Points from your account at any time if Fan Points were credited in error. The Company reserves the right to deactivate or terminate your tvParty account under the following circumstances:
7.4.1. Fraudulent activity occurs;
7.4.2. You use the receipt of Fan Points to force another Registered User to take, or omit to take, some action;
7.4.3. You use Fan Points in a manner that violates applicable law;
7.4.4. You request an account closure;
7.4.5. You do not respond to repeated communication attempts regarding the status of your account;
7.4.6. You reside in or relocate to a jurisdiction where Fan Points are prohibited under applicable law; or
7.4.7. Any other reason in accordance with these Terms.
7.5. Fan Points are Non-Transferrable. Fan Points may not be sold, attached, seized, levied upon, pledged, or transferred under any circumstances, including, without limitation, by operation of law. The attempt of any of the foregoing is prohibited, and the Company reserves the right to terminate or deduct Fan Points from your account if you violate these Terms.
7.6. All Fan Points of a Registered User will expire automatically upon deletion or termination of such User’s account for any reason.
7.7. FAN POINTS ARE VOID WHERE PROHIBITED BY LAW.
8. Registered User Grant of Rights
8.1. Grant of Rights to Company in User Content. By submitting User Content for participation in the Services and use of the Application, uploading files, or otherwise (if such features are available to you), you grant Company the right to use, copy, reformat, index, modify, display, and distribute your User Content for the purposes of providing our Services. No compensation will be paid with respect to Company's use of your User Content under this grant.
8.2. Registered User Comments/Feedback. Our Website and Application may allow Registered Users to provide comments or feedback regarding our Website, the Application, and our Services. By providing comments/feedback, you grant us the right to use your comments and feedback for the purposes of improving the Application/Website and our Services, and for marketing purposes.
8.3. Rights/Permissions You Must Have in Your Submitted Content. In submitting User Content, you warrant that you have sufficient authority and rights to post such Content and to provide us these use rights.
9. Code of Conduct. As a condition to your use of the Application/Website and the Services, you agree to follow our Code of Conduct (“Code”), set out below:
9.1. Be nice. We want to foster a safe, fun, and positive community for all of you. You shall not upload or otherwise transmit any User Content that is unlawful, abusive, obscene, harmful, or hateful. It's never OK to encourage violence or attack anyone based on their race, ethnicity, national origin, sex, gender, gender identity, sexual orientation, religious affiliation, disabilities, or diseases. You shall not engage in the harassment of anyone, or incite other people to do so. You shall not direct abuse at someone by making unwanted sexual advances or objectifying them in a sexually explicit manner. Similarly, we do not allow any content that glorifies violence because such content only serves to intimidate, harass, and exclude others.
9.2. Be supportive of other users in our community. You shall not encourage suicide or self-injury, or post any content that includes real-time depictions of such behavior or any other content that might lead others to engage in similar behavior. Self-injury is defined as the intentional and direct injuring of the body, including self-mutilation and eating disorders, even without suicidal intent.
9.3. Post only content that is appropriate for diverse audiences. While users must be eighteen years of age or older, please remember that everyone has different sensibilities. For that reason, you shall not post any content that contains nudity or pornography or is otherwise objectionable. We have no control over how others may use your User Content; even content shared with good intentions is susceptible to misuse by others in unanticipated ways.
9.4. Respect the privacy of others. You shall not disseminate materials that impact or invade the privacy of others, such as photographs, video clips, sound recordings, personally identifiable information, or other materials that reveal personal, private or sensitive information about another person, without that person’s consent. You shall not record or screenshot another User’s User Content, including live video broadcasts and text-based comments; the one (and only) exception to this policy is if you do so through the “Share Broadcast” feature on the Application, which allows you to share another User’s User Content to other platforms.
9.5. Be truthful. You shall not post material that is intentionally false, inaccurate, misleading, unlawfully threatening, unlawfully harassing, or defamatory. Without limiting Section 2, you shall not impersonate individuals, groups, or organizations in a manner that is intended to mislead, confuse, or deceive others. You may post parody or commentary, but only if it is clearly identified as such and only if you do not engage in any spamming or abusive behavior.
9.6. Share only the content you’ve created or have the right to share. You shall not infringe any third party's copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy. Electronic materials – such as television shows, music, videos, games, images, and text in electronic form -- can easily be copied, modified and sent over networks (such as the Internet). These electronic materials are thus extremely vulnerable to unauthorized distribution and copyright infringement. You may not transmit these materials over the Application or the Website without the copyright owner's permission, or without a legitimate "fair use" justification for the transmittal. You shall not upload, share, or otherwise transmit over the Application any User Content that includes television content (such as photographs or recorded clips of television programs or movies) not owned by you or to which you do not have a valid license.
9.7. Respect the security of all our users, and our community. You shall not transmit materials that contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer-programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information. You shall not use the Website to artificially generate traffic or page links to a website or for any other purpose not expressly allowed under these Terms. You shall not seek to obtain access to any materials or information through "hacking," "data harvesting," or through other means we have not intentionally made available to you through the Website. Finally, you shall not use the Website or Application to test or reverse engineer the Website in order to find limitations, vulnerabilities or to evade filtering capabilities.
9.8. Create genuine connections. You shall not use the Website in a manner that could disable, overburden, or impair the Website, Application, or Services or interfere with any other party's use and enjoyment of the Website, Application, and Services. Do not artificially collect likes, followers, or shares, and do not post repetitive comments (“spam”) or repeatedly contact people without their consent.
9.9. Follow the law. You shall not use the Website or Application for any purpose that is unlawful or prohibited by these Terms. You shall not use the Application/Website to support or praise terrorism, organized crime, or hate groups. Offering sexual services, buying or selling firearms and explosives (including firearm parts and ammunition) or prescription drugs is not allowed, even if doing so is legal in your jurisdiction. You shall not promote online gambling. We do not permit child sexual exploitation of any kind on the Application/Website: you shall not upload or otherwise transmit any User Content that depicts any sexual activity involving minors or minors in a sexualised context, or that advocates for the sexual exploitation of children. Soliciting, displaying, sharing, or viewing imagery of nude, sexualized, or sexual activity with minors, or threatening children in any manner is strictly prohibited. When we are made aware of content promoting child sexual exploitation, such content will be removed and reported to The National Center for Missing & Exploited Children. Do not use the Application/Website to violate any law, statute, or regulation (including, without limitation, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising).
11. Reports and Complaints. You may find content on the Application/Website that you don’t like but that doesn’t necessarily violate the Code of Conduct. If that happens, you can unfollow or block the person who posted such content. If you believe that a user has acted inappropriately, such as by violating our Code of Conduct, you may report your concerns by contacting us in accordance with Section 23 (Contact Us). If we are notified by a user that he/she believes User Content on the Website and/or the Application does not comply with our Code of Conduct, we will investigate the allegation and determine in good faith, in our sole discretion, whether to remove or block access to such content, or to take action with respect to the person or persons responsible for posting the content.
12. Links to Third-Party Sites. The Website and Application may also contain links or produce search results that reference links to third party websites (collectively "Linked Sites"). Company has no control over these Linked Sites or their content and does not assume responsibility or liability for any content, opinions, or materials available on Linked Sites. Company does not endorse the content of any Linked Site, nor does Company warrant that a Linked Site will be free of computer viruses or other harmful code that can impact your computer or other web-access device. By using the Website to search for or link to another site, you agree and understand that such use is at your own risk.
13. User Conduct; User Disputes. Company is not responsible for and is not liable for the User Content or conduct of Registered Users. You are solely responsible for your User Content, conduct, and interaction with other Registered Users, both online or offline. We have no obligation to become involved in disputes between Registered Users. If you have a dispute with one or more Registered Users, you release Company (and our officers, directors, agents, employees, subsidiaries, and affiliates) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.
14. Warranty Disclaimer. We work hard on the Application to ensure it is a positive experience, but your access to and use of the Services or any Some Whatever Content and User Content (collectively, “Content”) are at your own risk. You understand and agree that the Website, Application, and all Services and Content are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, SOME WHATEVER LLC DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. The Company does not make any warranty or representation, and disclaims all responsibility and liability, for: (i) the completeness, accuracy, availability, timeliness, security, reliability, or legality of the Services or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Website or Services or any Content, including harm causes by viruses or similar destructive features; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; and (iv) whether the Services will meet your requirements or specific results or be available on an uninterrupted, secure, or error-free basis. We do not control or direct what people and others do or say, and we are not responsible for their actions or conduct (whether online or offline) or any content they share (including offensive, inappropriate, obscene, unlawful, and other objectionable content).
15. Limitation of Liability. We cannot always predict what issues might arise with the Services we provide. Therefore, our liability shall be limited to the fullest extent permitted by applicable law. UNDER NO CIRCUMSTANCES WILL THE COMPANY BE LIABLE TO YOU, INCLUDING, BUT NOT LIMITED, FOR ANY BREACH OF CONTRACT, TORT, OR NEGLIGENCE, OR FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING ANY LOST PROFITS, REVENUES, INFORMATION, OR DATA) THAT ARISE OUT OF OR ARE RELATED TO THESE TERMS OR YOUR USE OF THE COMPANY WEBSITE, APPLICATION, AND RELATED SERVICES AND CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
16. Indemnity. You agree to defend, indemnify, and hold Company and its subsidiaries, affiliates, officers, directors, agents, and employees harmless from any liability to third parties, including reasonable attorneys' fees, arising from or related to your breach of these Terms.
17. Contact for Alleged Copyright Infringement. Company respects the intellectual property rights of others and requires that its users do the same. If you are a copyright owner or an agent thereof and believe that any Content on the Application/Website or other activity taking place on the Application/Website constitutes an infringement of a work protected by copyright, you may submit a notification pursuant to the Digital Millennium Copyright Act (17 U.S.C. §512) (the “DMCA”). You may direct alleged copyright infringement notifications to DMCA Agent, 1333a North Ave #210 New Rochelle, NY 10804; by email at email@example.com; or by fax: 347-559-8931. Your notice must comply with the DMCA. Upon receipt of a compliant notice, we will respond and proceed in accordance with the DMCA.
18. Modifications to these Terms. We may modify and change these Terms over time. We will not "retroactively" change these Terms, and any modifications we make shall take effect proactively, once you next access the Application or Website. Please feel free to print out a copy of these Terms for your records.
19. Assignment. These Terms shall not be assignable by you, either in whole or in part. Company reserves the right to assign its rights and obligations under these Terms.
21. Survival. The following provisions shall survive the termination of these Terms and shall apply indefinitely:
Section 5 (Ownership; Reservation of Rights);
Section 14 (Warranty Disclaimer)
Section 15 (Limitation of Liability);
Section 16 (Indemnity);
Section 19 (Assignment);
Section 20 (General); and
Section 21 (Survival)
23. Contact Us. If you have any questions about these Terms, the practices of this Site, your dealings with this Website, or for any other reason, please contact us at: firstname.lastname@example.org.
COPYRIGHT AND LEGAL NOTICE. Copyright © 2018 Some Whatever LLC. All Rights Reserved.