Certain products, services, and digital content may from time to time be made available to you (“you” or “User”) by Twitch Interactive, Inc. or their affiliates (referred to herein as “us”, “we” or “Twitch”) in connection with Twitch’s websites, software applications, or other services offered by Twitch (“Twitch Service”). By purchasing products, services, or digital content, including any purchases made as a gift to another user, through the Twitch Service that link to this Terms of Sale (“Ancillary Products and Services”), 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 of Ancillary Products and Services 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, in Twitch’s sole discretion. If Twitch changes these Terms of Sale, and we provide notice, we may do so by sending an email, posting a notice on the Twitch Service or updating the “Last Updated” date above. Please check these Terms of Sale periodically for those changes. Any modified terms will apply to any purchases made after such changes are posted on the Twitch Service. 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.
To make a purchase on the 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 Ancillary Products and Services only to those users who can legally make purchases with a credit card. If you are between the ages of 13 and 18 (or the legal age of majority in your state of residence), you may make purchases on the Twitch Service only with the permission of a parent or guardian. Twitch reserves the right to refuse or cancel orders or terminate accounts, at any time in its sole discretion.
Twitch may offer certain Ancillary Products and Services in connection with the Twitch Service on a subscription basis with recurring payments (“Subscription Services”). Subscription Services may renew automatically, with payment due prior to each renewal. 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. If we discontinue or modify a subscription payment option, we will provide notice of such discontinuance or modification. You must affirmatively consent to the new payment terms in order to continue receiving the Subscription Services. If you do not affirmatively consent, your subscription will be cancelled. Also, if you are signing up under any promotional subscription fee, some additional restrictions may apply. These restrictions, if any, will be provided to you before you sign up for the applicable Subscription Service that is subject to the promotion.
You are responsible for all charges incurred under your account. Twitch reserves the right to deactivate Subscription Services to your account if payment is past due, regardless of the dollar amount.
If you choose a Subscription Service (including any pre-paid subscription option, gift subscriptions, or channel subscriptions which reverts to a monthly payment plan at the expiration of the pre-paid period), you hereby grant Twitch permission to automatically charge the subscription fee to your chosen payment method at the beginning of each applicable payment period. Your access, or the gift recipient's 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 payment method account is in good standing.
You further agree that Twitch may charge any other applicable fees for the Twitch Service or Ancillary Products and Services, if disclosed to you in connection with your purchase, to your payment method, including any early termination fee.
You are required to keep your billing information current, complete and accurate (for example, if you move, be sure to update your billing address, if you get a new credit/debit card, make sure you update the card number and/or expiration date) and notify Twitch if your selected payment method is cancelled (e.g., for loss or theft).
Twitch reserves the right to suspend or terminate your access to any Subscription Service that is a part of the Twitch Service without notice upon rejection of any charges or if your payment method (or its agent or affiliate) seeks return of payments previously made to Twitch when Twitch believes you are liable for the charges.
You may choose not to renew your Subscription Service at any time.
For Subscriptions Services, you may choose to not renew by selecting the “Do Not Renew” option under your subscription settings in the relevant Twitch Service or by contacting customer support via e-mail (e.g., firstname.lastname@example.org).
Your cancellation is effective at the end of the current subscription term.
The Ancillary Products and Services that Twitch may offer, on a promotional basis or for purchase, may include Bits, which are digital content (i.e., animated emoticons) that allow users to celebrate moments and express appreciation for specific broadcasters using the cheering feature (“Cheering”) on the Twitch Service (“Bits”). Users may also use Bits in Extensions (as defined below) to obtain other digital items or experiences. The Ancillary Products and Services may also include certain Twitch rewards or benefits provided to Users of Bits (“Rewards”). Your use of Bits or Rewards is subject to the Terms of Service, including the Bits Acceptable Use Policy, which is incorporated herein by reference.
Bits and Rewards have no monetary value (i.e., are not a cash account or equivalent), and do not constitute currency or property of any type. Bits and Rewards cannot be sold or transferred to other Users, and cannot be exchanged for cash or for any other goods and services. Users have no property, proprietary, intellectual property, ownership, or monetary interest in promotional or purchased Bits, which remain Twitch digital content subject to the Twitch Terms of Service, or in Rewards. Bits are non-refundable. Bits that are used for Cheering, or in Extensions for digital items or experiences, will not be returned. We do not recognize the transfer of Bits or Rewards (including for money or any other consideration or items of value whether inside or outside of the Twitch Service). Accordingly, you may not purchase, sell, barter, or trade any Bits or Rewards, or offer to purchase, sell, or trade any Bits or Rewards. Any such attempted transfer will be null and void.
Although Twitch may share revenue generated from the sale of Bits with the broadcaster or an Extension developer receiving the Bits subject to the agreement solely between Twitch and the broadcaster or developer as the case may be, Bits are not intended to be used as a means to provide financial support to the broadcaster or developer, and Twitch makes no assurances to any User that any broadcaster or Extension developer receiving Bits will receive a revenue share.
Twitch does not guarantee that Bits or Rewards will be available at all times or at any given time. Twitch does not guarantee that we will continue to offer Bits or Rewards for any particular length of time. Twitch may modify Bits or Rewards at our sole discretion, and such modifications may make Bits or Rewards more or less common, desirable, effective, or functional. Twitch may immediately suspend or terminate Bits or Rewards for any or no reason, in our sole discretion, and without advance notice or liability. The number of Bits required to be used to earn Rewards may be substantially increased, any Reward may be withdrawn, and restrictions on any Reward or Reward redemption may be imposed at any time, even though such changes may affect the value or utility of Bits or Rewards, or the ability to obtain certain Rewards. In accumulating Bits, Users may not rely upon the continued availability of any Reward or Reward level, category or tier.
Twitch reserves the right to change and update our inventory of Bits without notice. Twitch reserves all right, title and interest in Bits and Bits inventories, and all associated copyrights, trademarks, and other intellectual property rights therein. Except as required by applicable law, any unused Bits inventory will be forfeited to Twitch upon termination of your Twitch account.
Twitch reserves the right to deactivate a User from any Twitch service for any reason or no reason. Once a User has been deactivated, any Bits or Rewards accumulated by that User will be forfeited and may not be reinstated.
Twitch Prime is a collection of membership benefits offered in certain countries by Twitch and its Affiliates to members of the Amazon Prime and Prime Video programs. To receive Twitch Prime benefits, you must link your Twitch account to your Amazon Prime or Prime Video membership account using the tools we provide. Use of Twitch Prime membership benefits is subject to the terms applicable to your Prime membership (United States, Mexico, Canada, United Kingdom, Germany, Austria, France, Belgium, Italy, Spain, the Netherlands, Luxembourg, Singapore, Japan or Australia) or, if you are a Prime Video member, the terms applicable to your Prime Video membership. If we provide you with promotional access to Twitch Prime benefits, additional terms may apply, as described in the promotion. Information you provide to Amazon is subject to the applicable Amazon Privacy Notice. We and our affiliates may send you email and other communications related to the program and your benefits (regardless of any settings or preferences related to your Amazon or Twitch accounts).
From time to time during your use of the Twitch Service, you may have the opportunity to “earn”, “buy” or “purchase” Twitch Crates by completing various actions on the Twitch Service (each, a “Crate Acquisition Opportunity”). Twitch Crates contain virtual goods like Bits, emotes, and other virtual items (collectively, “Virtual Items”).
By “earning”, “buying”, or “purchasing” Virtual Items, you obtain a non-exclusive, revocable, limited right and license to access the software programs that manifest themselves as the Virtual Items for non-commercial, personal entertainment purposes only, subject to your compliance with these Terms and any other relevant policies enacted by Twitch from time to time. The purchase price or other cost of such limited licenses to use Virtual Items is not refundable, transferable or exchangeable including, without limitation, upon termination of your account, upon termination of these Terms, upon the discontinuation of the Twitch Service, or otherwise. Twitch, or applicable 3rd parties, reserves all ownership right, title and interest in and to the Virtual Items, and all associated intellectual property rights therein. All details and restrictions on the Virtual Items not specified in these Terms or elsewhere on the Twitch Service will be determined by Twitch in its sole discretion.
The number and type of Virtual Item(s) that can be earned by participating in any Crate Acquisition Opportunity or other opportunity to earn Virtual Items will be disclosed when the Crate Acquisition Opportunity or other opportunity is presented. Twitch reserves the right in its sole discretion to change, modify, withdraw or cancel any Crate Acquisition Opportunity or Virtual Item at any time, with or without notice. You acknowledge and agree: (a) that Twitch may change the price of Twitch Crates or Virtual Items at any time, without notice, for any reason or for no reason, (b) that the amount of actual or virtual currency necessary to obtain certain Twitch Crates or Virtual Items may fluctuate, and (c) that Twitch has no liability to you for any changes in the price of such Twitch Crates or Virtual Items and/or the amount of actual or virtual currency necessary to obtain Twitch Crates or Virtual Items. In addition, the Twitch Service may award more than one type or “class” of Virtual Items. In accumulating Virtual Items, you may not rely upon continued class levels. Twitch, in its sole discretion and without notice to you, reserves the right to change, modify, withdraw or cancel any class level.
You can redeem your Virtual Items from time to time as set forth on the Twitch Service. Virtual Items have no cash value and may not be used to engage in any gambling activity. Any Virtual Items obtained by any person or entity in violation with these Terms will be considered to have been fraudulently obtained and deemed void and such Virtual Items may be confiscated or cancelled.
Virtual Items will not be replaced, reissued or credited if lost, stolen or otherwise altered or destroyed. Twitch reserves the right, in its sole discretion, to determine and modify, at any time, the value of Virtual Items and the amount and type of Virtual Item that may be earned for any given activity. If the Twitch Crate program is discontinued, you may have an amount of time deemed reasonable by Twitch in its sole discretion from the date program termination is announced to use your remaining Virtual Items. Any Virtual Items remaining in your account at the time of termination will be forfeited and no compensation will be provided.
Twitch reserves the right, without prior notification, to limit the quantity of the Virtual Items you can earn and/or to refuse to allow you to obtain or redeem such Virtual Items. You acknowledge and agree that Twitch shall have no liability for loss of Virtual Items due to any unauthorized third party activity, such as hacking, phishing, password mining, social engineering, and/or any other unauthorized third party activity. Twitch may replace such lost Virtual Items in its sole discretion on a case-by-case basis, without incurring any further obligation or liability.
D&D Beyond is a service made available by Twitch at dndbeyond.com for fans and players of Wizard of the Coast’s Dungeons and Dragons game system. From time to time, we may allow Users, via dndbeyond.com, to “earn,” “buy,” “unlock,” “purchase,” or otherwise gain access to certain digital goods, such as packs or add-ons, constituting units of information regarding Dungeons and Dragons (for example, the details of a spell or a particular weapon) for use in conjunction with D&D Beyond tools and/or content. These digital goods may be sold individually, or may be sold in groupings.
By “earning,” “buying,” “unlocking,” “purchasing,” or otherwise gaining access to these digital goods in connection with D&D Beyond, you obtain a non-exclusive, revocable, limited right and license to access the software programs, information, and/or functionality that manifest themselves as such digital goods for non-commercial, personal entertainment purposes only, subject to your compliance with these Terms and any other relevant policies enacted by Twitch from time to time. The purchase price or other cost of such limited licenses is not refundable, transferable or exchangeable including, without limitation, upon termination of your account, upon termination of these Terms, upon the discontinuation of the Twitch Service, or otherwise. Twitch, or applicable 3rd parties, reserves all ownership right, title and interest in and to the digital goods described here, and all associated intellectual property rights therein. All details and restrictions on these digital goods not specified in these Terms or elsewhere on the Twitch Service will be determined by Twitch in its sole discretion.
You acknowledge and agree: (a) that Twitch may change the price of digital goods on D&D Beyond at any time, without notice, for any reason or for no reason, (b) that the amount of currency necessary to obtain certain digital goods may fluctuate, (c) that Twitch has no liability to you for any changes in the price of such D&D Beyond digital goods and/or the amount of currency necessary to obtain such digital goods, (d) that digital goods made available by Twitch on D&D Beyond are only usable in conjunction with the D&D Beyond toolkits, and are not designed to be exported or used with other toolkits or systems, and (e) that toolkits and other functionality on D&D Beyond are provided as-is, and are subject to changes and further development.
Twitch reserves the right to deactivate a User from any Twitch service for any reason or no reason. Once a User has been deactivated, any digital goods accumulated by that User in connection with using D&D Beyond will be forfeited and may not be reinstated.
Ancillary Products and Services that Twitch may offer include certain digital goods sold via the Twitch Extensions program. This program allows broadcasters to embed interactive, custom, third-party content and applications on their channel pages, through which such items may be purchased by Users.
Twitch does not guarantee that Extension developers will continue to offer any particular digital goods, or that broadcasters will keep particular Extensions active on their channel pages, for a minimum length of time. Developers may modify the digital goods made available in their Extensions, and Twitch may change its policies for what categories of items may be made available in connection with the Twitch Extensions program. Extension developers may deprecate or significantly change their Extensions over time. Twitch does not guarantee any level of availability for Extensions, which may experience periods of unavailability from time to time. Twitch may immediately suspend or take down Extensions that violate our terms and policies in our sole discretion. The foregoing events may occur without advance notice or liability and make the items you have purchased unavailable or less common, desirable, effective, or functional.
You acknowledge and agree that the price for digital goods sold through Twitch Extensions may change at any time without notice, for any reason or for no reason.
Twitch may subsequently make digital goods that you have purchased usable on the Twitch Services only and prohibit use thereof on third-party services or websites.
Your use of any digital goods is subject to the Twitch Terms of Service and any applicable end user license terms of the relevant Extension developer. You can find out more about the specific Extension(s) operating on a given channel, including end user license terms, by clicking on the attribution links or icons that Twitch will make available on the channel page, for example, on the Twitch video player or at the bottom of an Extension's panel.
Except as required by applicable law, any unused digital goods you purchase will be forfeited to Twitch upon termination of your Twitch account. Twitch reserves the right to deactivate a User from any Twitch service for any reason or no reason. Once a User has been deactivated, any such goods accumulated by that User will be forfeited and may not be reinstated.
If sales of digital goods are discontinued for the Twitch Extensions program, you may have an amount of time deemed reasonable by Twitch in its sole discretion from the date the program termination is announced to use your remaining items. Any purchased items remaining in your account at the time of termination will be forfeited and no compensation will be provided.
When you make or receive the gift of a purchase on the Twitch Service, including in third-party Extensions, you have immediate access to, and use of, the Ancillary Products and Services you have purchased. Accordingly, except as detailed below, you lose your right to cancel once you have made your purchase, and we do not offer any refunds or credits, including, without limitation, fees for Subscription Services. Twitch reserves the right to modify this refund policy as set forth below at any time.
Unless otherwise specified, games, in-game items, and other digital goods are not returnable after purchase, included those purchased in third party Extensions.
If you have problems with the download or installation of the game or with use of items purchased in Extensions, please contact Customer Support at help.amazon.com.
This refund policy is not applicable for items (whether games, in-game items, or other digital goods) you obtained as a result of your participation in the Twitch Prime program.
We currently accept major credit cards, certain debit cards, PayPal, various payment methods through Xsolla and/or such other payment methods we may make available to you from time-to-time through our site, as forms of payment. You are subject to all terms and conditions of the payment method you choose. 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, except where other currencies are offered via the payment methods made available by Twitch.
PLEASE NOTE: Our payment processing partners may request that you provide certain personal data (e.g., a valid government issued ID, your legal name, address, and data of birth) for the purpose of making payment through its financial institutions and complying with any federal and state laws and regulations. They may also communicate directly with you regarding any issues with a payment.
If a purchase has been declined online due to issues with your payment method, please ensure all data is correct and resubmit. If the transaction is not accepted online, please contact customer support via the email address made available to you in connection with the purchase. For purchases on the twitch.tv service, you may use email@example.com.
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 consummation of the relevant transaction.
Your purchase and enjoyment of Ancillary Products and Services may be subject to additional third-party legal terms. For example, we may make available end user license agreements of third-party game developers and publishers with respect to the sale of digital games and in-game content on the Twitch Services. You are bound by such third-party legal terms and we encourage you to read them.
With respect to Ancillary Products and Services you purchase in connection with the Twitch Service, you acknowledge and agree that upon making such Ancillary Products and Services available to you (or to their intended authorized recipients), Twitch will have fully satisfied its obligation to deliver or otherwise provide such products, services or digital content, regardless of any failure or inability to use such products, services or digital content.
Twitch and its suppliers and licensors continually upgrade and revise the Twitch Service to provide you with new Ancillary Products and Services. Twitch may revise, discontinue or modify Ancillary Products and Services at any time without prior notice to you, and Ancillary Products and Services may become unavailable without notice. Twitch shall have no liability of any kind if an Ancillary Service that has been ordered is unavailable. If necessary, Twitch reserves the right to cancel an order or substitute an Ancillary Product or Service of equal or greater value when a product, service or digital content is unavailable. For example, for pre-paid purchases of multi-month channel subscriptions using Xsolla, in the event a channel stops being available, Twitch is unable to offer you a refund but, upon request, will upgrade you to a Turbo subscription for the number of months remaining on your original subscription.
We attempt to be as accurate as possible and eliminate errors on the Twitch Service; however we do not warrant that any Ancillary Products and Services or description, photograph, pricing or other information of a product, service or digital content is accurate, complete, reliable, current, or error-free. In the event of an error, whether on the Twitch Service, in an order confirmation, in processing an order, delivering an Ancillary 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 service credit, with a value equal to the amount charged to your payment method. Twitch reserves the right to determine and modify from time to time the exact nature of any such service credit, including conversion into one or more different types of Ancillary Products and Services 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.
You are responsible for any applicable national, state or local sales or use taxes, value added taxes (“VAT”) or similar taxes or fees payable in connection with your purchase of any products, services, or digital content for yourself or as a gift. As the purchaser of a subscription or digital good for another party as a gift, taxes or other fees on that transaction will be calculated based on your country of residence. 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 Twitch reserves the right to collect such taxes or other fees from you at any time.
THE TWITCH SERVICE AND ANY ANCILLARY SERVICES OR ANY OTHER SERVICES MADE AVAILABLE THEREON ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.
THE TWITCH SERVICE AND ANY ANCILLARY PRODUCTS AND SERVICES OR ANY OTHER PRODUCTS, SERVICES OR DIGITAL CONTENT MADE AVAILABLE THEREON ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TWITCH AND ITS AFFILIATES, PARTNERS, LICENSORS AND SUPPLIERS (“TWITCH PARTIES”) DISCLAIM 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 WARRANT ANY SPECIFIC RESULTS FROM USE OF ANCILLARY PRODUCTS AND SERVICES OR ANY OTHER PRODUCTS OR SERVICES. TWITCH DOES NOT REPRESENT OR WARRANT THAT ANY ANCILLARY PRODUCTS AND SERVICES OR OTHER PRODUCTS, SERVICES OR DIGITAL CONTENT OR ANY PART THEREOF, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT ANY ASPECT OF THE TWITCH SERVICES, INCLUDING, WITHOUT LIMITATION, THE ANCILLARY PRODUCTS AND SERVICES OR ANY OTHER PRODUCTS, SERVICES OR DIGITAL CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY 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. Nothing in these paragraphs will operate to exclude or limit warranties or liabilities which may not be excluded or limited under applicable law.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, 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 ANCILLARY PRODUCTS AND SERVICES OR ANY OTHER PRODUCTS, SERVICES OR DIGITAL CONTENT, 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 ANCILLARY 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 ANCILLARY 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.
PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH TWITCH AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM TWITCH.
You and Twitch agree to arbitrate any dispute arising from these Terms of Sale or your use of the Twitch Service, except that you and Twitch are not required to arbitrate any dispute in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL. 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: General Counsel, 225 Bush Street, 9th 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 San Francisco 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 San Francisco 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 will indemnify, defend and hold harmless 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 products, services or digital content, or any violation of this Agreement or of any law or the rights of any third party.
Twitch Interactive, Inc. is the seller of record of Ancillary Products and Services unless (a) otherwise disclosed in connection with a particular Ancillary Product or Service; or (b) if you reside in the European Union, with the exception of the United Kingdom, and purchase Bits, you are entering into this Terms of Sale with Twitch Europe Sarl, 5 rue Plaetis, L-2338 Luxembourg; Business License Number B211624; Luxembourg VAT Registration Number LU 29117455, and that entity is the seller of record.
These Terms of Sale, along with 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, the Terms of Service shall be controlling.
Twitch Interactive, Inc.
225 Bush Street, 9th Floor
San Francisco CA 94104