Certain products and services may from time to time be made available to you (“ you ” or “ User ”) by Justin.tv, Inc. dba Twitch, or their corporate affiliates (collectively, “ us ”, “ we ” or “ Twitch ”) through the Twitch web site (the “ Site ”) and service (“ Twitch Service ”). By purchasing any products or services through the Twitch Service, you signify that you have read, understand and agree to be bound by the Terms of Sale in effect at the time of purchase (“ Terms of Sale ”). Your purchases and your use of Twitch Service are also governed by the Twitch Terms of Service (“ Terms of Service ”), which are incorporated herein by reference.
These Terms of Sale are subject to change without prior written notice at any time, in Twitch’s sole discretion, and such changes shall apply to any purchases made after such changes are posted to the Site. Therefore, you should review these Terms of Sale prior to each purchase so you will understand the terms applicable to such transaction. If you do not agree to these Terms of Sale, do not make any purchases on the Twitch Service.
PLEASE READ THESE TERMS OF SALE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
Purchase Qualifications; Account Security
To make a purchase on Twitch Service, you must be a registered Twitch Service user and comply with these Terms of Sale (including the Terms of Service ). You acknowledge that you are responsible for maintaining the security of, and restricting access to, your account and password, and you agree to accept responsibility for all purchases and other activities that occur under your account. Twitch sells its products only to those users who can legally make purchases with a credit card. If you are under 18, you may make purchases on the Twitch Service only with the involvement of a parent or guardian. Twitch reserves the right to refuse or cancel orders or terminate accounts, at any time in its sole discretion.
Subscription Service Terms
Twitch may offer certain services on the Site or in connection with the Twitch Service on a subscription basis with recurring payments (“ Subscription Services ”). You agree to pay your subscription fee in advance of receiving any such Subscription Service. Twitch reserves the right to discontinue or modify any subscription fee payment option at any time without notice. Also, if you are signing up under any promotional subscription fee, some additional restrictions may apply.
If you choose a Subscription Service (including any pre-paid subscription option or channel subscriptions which reverts to a monthly payment plan at the expiration of the pre-paid period), you agree that Twitch may automatically charge the subscription fee to your chosen payment method at the beginning of each period. Your access to the Subscription Services will not be established until Twitch has verified that the credit card or other payment information you provide Twitch for payment is accurate and that your credit card account or other payment method account is in good standing. You further agree that Twitch may charge any other applicable fees for the Twitch Service, including any early termination fee, to your credit card. Twitch reserves the right to suspend or terminate your access to the Twitch Service without notice upon rejection of any credit card charges or if your card issuer (or its agent or affiliate) seeks return of payments previously made to Twitch when Twitch believes you are liable for the charges.
You are required to keep your billing information current, complete and accurate (such as a change in billing address, credit/debit card number or expiration date) and notify Twitch if your selected payment method is canceled (e.g., for loss or theft). You are responsible for all charges incurred under your account made by you or anyone who uses your account. You agree to pay any outstanding balance in full within thirty (30) days of purchase of a particular product or service on the Twitch Service. All fees not paid to Twitch by you within thirty (30) days of when such fees become due and payable in accordance with this Agreement shall be subject to a finance charge of one and one half percent (1.5%) per month interest, or the maximum allowable under applicable law, whichever is less, with such interest charges starting on the due date for such fees, plus any related collection and legal costs actually incurred by Twitch in connection with Twitch’s collection of such fees. Additionally, Twitch reserves the right to deactivate Subscription Services to your account if payment is past due, regardless of the dollar amount.
PLEASE NOTE: If a purchase has been declined online due to issues with your payment account, ensure all data is correct and resubmit. If the transaction is not accepted online, please contact us at firstname.lastname@example.org.
Twitch may impose an additional transaction fee based on transactions associated with Twitch Service, including a transaction fee applied to purchases from third parties. Such transaction fee will be disclosed to you prior to your agreement to the relevant transaction.
Payment Method and Terms
We accept Visa, MasterCard, and Discover credit cards and certain debit cards or PayPal, as forms of payment. By submitting an order through the Twitch Service, you authorize Twitch, or its designated payment processor, to charge the account you specify for the purchase amount. All payments are to be made in United States Dollars.
With respect to services you purchase through the Site or in connection with the Twitch Service, you acknowledge and agree that upon making such services available to you (or to their intended authorized recipients), Twitch will have fully satisfied its obligation to deliver or otherwise provide such services, regardless of any failure or inability to use such services.
Product and Service Descriptions and Availability, Errors
Twitch and its suppliers continually upgrade and revise its products and services to provide you with new products and services. Twitch may revise, discontinue or modify products or services at any time without prior notice to customers, and products or services may become unavailable without notice. Twitch shall have no liability of any kind if a product or service that has been ordered is unavailable. If necessary, Twitch reserves the right to substitute items of equal or greater value when an item or service is unavailable or Twitch may cancel the order.
We attempt to be as accurate as possible and eliminate errors on the Twitch Service, however we do not warrant that any product, service or description, photograph, pricing or other information is accurate, complete, reliable, current, or error-free. In the event of an error, whether on the Site, in an order confirmation, in processing an order, delivering a product or service or otherwise, we reserve the right to correct such error and revise your order accordingly if necessary (including charging the correct price) or to cancel the order and refund any amount charged. In addition, we may, in lieu of a refund as provided in this paragraph, opt to provide you with a merchandise or service credit, with a value at least equal to the amount charged to your credit card. Twitch reserves the right to determine and modify from time to time the exact nature of any such merchandise or service credit, including conversion into one or more different types of merchandise or service credits. Your sole remedy in the event of such error is to cancel your order and obtain a refund or credit as set forth above.
User will be responsible for any applicable sales or use tax, duties, or other governmental taxes or fees payable in connection with your purchase. If you do not pay such sales or other tax or fee on a transaction, you will be responsible for such taxes or fees in the event that they are later determined to be payable on such sale, and , and Twitch reserves the right to collect such taxes or other fees from you at any time.
ANY WARRANTY ON PRODUCTS OR SERVICES PURCHASED THROUGH THIS SITE ARE PROVIDED BY THE ORIGINAL MANUFACTURER ONLY AND NOT BY TWITCH. TWITCH ITSELF MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY PRODUCTS OR SERVICES SOLD ON THIS SITE.
PRODUCTS AND SERVICES ARE PROVIDED OR SOLD “AS-IS” AND TWITCH DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. TWITCH CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF PRODUCTS OR SERVICES. TWITCH DOES NOT REPRESENT OR WARRANT THAT PRODUCTS, SERVICES OR ANY PART THEREOF, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT PRODUCTS OR SERVICES THAT ARE DOWNLOADED FROM THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES.
Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Twitch.
Limitation on Liability
EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT WILL TWITCH OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR PURCHASE OR USE OF ANY PRODUCTS OR SERVICES, EVEN IF TWITCH IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TWITCH’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID BY YOU TO TWITCH FOR THE PRODUCT OR SERVICE FROM WHICH THE CLAIM AROSE, BUT IN NO CASE WILL THE TWITCH’S LIABILITY TO YOU EXCEED $1,000. YOU ACKNOWLEDGE THAT IF NO AMOUNT IS PAID TO TWITCH FOR THE PRODUCT OR SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM TWITCH, REGARDLESS OF THE CAUSE OF ACTION.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
Governing Law; Venue and Jurisdiction
You agree that the laws of the State of California, without regard to principles of conflict of laws, will govern your use and purchase of products and services and these Terms of Sale, and any dispute of any sort that might arise between you and Twitch or any of our affiliates. With respect to any disputes or claims arising in connection with your use of the Twitch Service, you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts of California, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non convenience with respect to, venue and jurisdiction in the state and federal courts of California.
You agree to indemnify and hold the Twitch, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with your purchase or use of any product or services, or any violation of this Agreement or of any law or the rights of any third party.
These Terms of Sale, including the Terms of Service, constitute the entire agreement between you and Twitch regarding purchases you make on the Twitch Service, superseding any prior agreements between you and Twitch relating to such purchases. The failure of Twitch to exercise or enforce any right or provision of these Terms of Sale shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. If any provision of these Terms of Sale shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Sale and shall not affect the validity and enforceability of any remaining provisions. In the event of a conflict between these Terms of Sale and the Terms of Service, these Terms of Sale shall be controlling.
Please visit our Help Desk for more information.