The following are the terms and conditions applicable to your Twitch Gift Cards and your Twitch Gift Card Balance.
Gift Cards; Gift Card Balance; Redemption.
Twitch Gift Cards (“Gift Cards”) are issued by Twitch Interactive Inc., a Delaware corporation. The value underlying your Gift Card is automatically added to your Twitch Gift Card Balance (“Gift Card Balance”) that can be managed through your Twitch Wallet when you redeem your Gift Card.
To redeem a Gift Card you must visit twitch.tv and enter the code on the back of the Gift Card. Internet access is required (separate fees may apply). After you enter the code on the back of the Gift Card, the full value associated with the Gift Card will be added to your Gift Card balance, which can be managed through your Twitch Wallet. Your Gift Card Balance displays the total remaining balance of all Gift Cards that have been added to your Twitch Wallet but not yet applied to a purchase. To view your Gift Card Balance, log into your account and go to your account dropdown menu. You must have a valid Twitch account to redeem a Gift Card. Purchases are deducted from your Twitch Gift Card Balance. If a purchase exceeds your Twitch Gift Card Balance, the remaining amount must be paid with another payment method.
Gift Cards may only be redeemed toward the purchase of eligible goods and services provided by twitch.tv and its affiliates on www.twitch.tv, or certain of its affiliated properties. Eligible goods and services are subject to change in our sole discretion. Redemption of Gift Cards at any affiliated property is subject to change in our sole discretion.
Your Twitch Gift Card Balance cannot be used to purchase other Gift Cards, prepaid open loop cards, or certain third-party gift cards. Gift Cards cannot be reloaded; resold; used for payment outside of www.twitch.tv or its affiliated properties; used for unauthorized advertising, marketing, sweepstakes, promotional or commercial purposes; redeemed for more than face value; transferred for value; redeemed for cash; returned for a cash refund (except to the extent required by law); or used in a manner otherwise prohibited by Twitch. No portion of your Twitch Gift Card Balance may be transferred to another person, Twitch Wallet, or Twitch account. Gift Cards may only be redeemed by persons age 13 and up, and are not redeemable for non-U.S. residents.
Risk of Loss.
The risk of loss and title for Gift Cards pass to the purchaser upon our electronic transmission of the Gift Card to the purchaser or designated recipient, or our delivery to the carrier, whichever is applicable. Gift Cards may be obtained from Twitch or an authorized third party, you are responsible for safeguarding your Gift Card and your Gift Card Balance from unauthorized use. Treat your Gift Card and your Gift Card Balance like cash. We are not responsible if any Gift Card is lost, stolen, or destroyed, or if your Gift Card Balance or any Gift Card is used without your permission. There are a variety of gift card scams that request payment by gift card. Twitch is not responsible for, and assumes no liability to you for, any unlawful conduct or fraud by any third party associated with any Gift Card.
Use of Twitch Gift Card Balance or any Gift Card in Violation of these Terms and Conditions.
By using a Gift Card you agree to comply with these terms and conditions and the Twitch Terms of Sale, and not to use a Gift Card or your Gift Card Balance in any manner that is misleading, deceptive, unfair, or otherwise harmful to Twitch, its affiliates, or its customers. We reserve the right, without notice to you, to void Gift Cards (including as a component of your Gift Card Balance) without a refund, suspend or terminate customer accounts, suspend or terminate the ability to use our services, cancel or limit orders, and bill alternative forms of payment if we suspect that a Gift Card is obtained, used, or applied to a Twitch account (or your Gift Card Balance is applied to a purchase) fraudulently, unlawfully, or otherwise in violation of these terms and conditions.
Limitation of Liability.
TO THE FULL EXTENT PERMISSIBLE BY LAW, WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO GIFT CARDS (INCLUDING AS A COMPONENT OF YOUR GIFT CARD), INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TO THE FULL EXTENT PERMISSIBLE BY LAW, IN THE EVENT A GIFT CARD IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, WILL BE THE REPLACEMENT OF THAT GIFT CARD.
Any dispute or claim relating in any way to Gift Cards or your Twitch Gift Card Balance will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The U.S. Federal Arbitration Act and U.S. federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these terms and conditions as a court would. You and Twitch agree that you will notify each other in writing of any dispute within thirty (30) days of when it arises. Notice to Twitch shall be sent to Twitch Interactive, Inc., Attn: Legal, 350 Bush Street, 2nd Floor, San Francisco, CA 94104. You and Twitch further agree: to attempt informal resolution prior to any demand for arbitration; that any arbitration will occur in Santa Clara County, California; that arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of JAMS; and that the state or federal courts in Santa Clara County, California have exclusive jurisdiction over any appeals of an arbitration award and over any suit between the parties not subject to arbitration. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court. Any dispute between the parties will be governed by this Agreement and the laws of the State of California and applicable United States law, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction. Whether the dispute is heard in arbitration or in court, you and Twitch will not commence against the other a class action, class arbitration or other representative action or proceeding. You and Twitch agree that you or Twitch may bring suit in court for disputes in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents.
Twitch reserves the right to require additional verification of your identity, Gift Card or account ownership, or an additional payment instrument, before you are able to apply a Gift Card to your Twitch Wallet or your Twitch Gift Card Balance to a purchase. Gift Cards and the value underlying Gift Cards do not expire. There are no fees associated with Gift Cards. We reserve the right to change these terms and conditions without notice, from time to time at our sole discretion. All terms and conditions are applicable to the extent permitted by law. If any of these terms and conditions are deemed invalid, void, or for any reason unenforceable, that unenforceable term will be deemed severable and will not affect the validity and enforceability of any remaining terms and conditions.