service: name: Twitch
sector: Video
date: 01.01.2021
document: text: Last modified on 01/01/2021
Terms of Service
1. Introduction; Your Agreement to these Terms of Service
2. Use of Twitch by Minors and Blocked Persons
3. Privacy Notice
4. Account
5. Use of Devices and Services
6. Modification of these Terms of Service
7. License
8. User Content
9. Prohibited Conduct
10. Respecting Copyright
11. Trademarks
12. Third-Party Content
13. Idea Submission
14. Termination
15. Disputes
16. Miscellaneous
17. Requests for Information and How to Serve a Subpoena
18. Specific Terms for Soundtrack by Twitch

1. Introduction; Your Agreement to these Terms of
Service
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. THIS IS A
BINDING CONTRACT. Welcome to the services operated by Twitch
Interactive, Inc. (collectively with its affiliates, “Twitch” or “We”)
consisting of the website available at https://www.twitch.tv, and its
network of websites, software applications, or any other products or
services offered by Twitch (the “Twitch Services”). Other services
offered by Twitch may be subject to separate terms.
When using the Twitch Services, you will be subject to
Twitch’s Community Guidelines and additional guidelines or rules that
are posted on the Twitch Services, made available to you, or
disclosed to you in connection with specific services and features.
Twitch may also offer certain paid services, which are subject to
the Twitch Terms of Sale as well as any additional terms or conditions
that are disclosed to you in connection with such services. All such
terms and guidelines (the “Guidelines”) are incorporated into these
Terms of Service by reference.
The Terms of Service apply whether you are a user that registers an
account with the Twitch Services or an unregistered user. You agree
that by clicking “Sign Up” or otherwise registering, downloading,
accessing, or using the Twitch Services, you are entering into a legally
binding agreement between you and Twitch regarding your use of the
Twitch Services. You acknowledge that you have read, understood,
and agree to be bound by these Terms of Service. If you do not agree
to these Terms of Service, do not access or otherwise use any of the
Twitch Services.
When using Twitch or opening an account with Twitch on behalf of a
company, entity, or organization (collectively, “Subscribing
Organization”), you represent and warrant that you: (i) are an

authorized representative of that Subscribing Organization with the
authority to bind that organization to these Terms of Service and grant
the licenses set forth herein; and (ii) agree to these Terms of Service
on behalf of such Subscribing Organization.
2. Use of Twitch by Minors and Blocked Persons
The Twitch Services are not available to persons under the age of 13.
If you are between the ages of 13 and the age of legal majority in your
jurisdiction of residence, you may only use the Twitch Services under
the supervision of a parent or legal guardian who agrees to be bound
by these Terms of Service.
The Twitch Services are also not available to any users previously
removed from the Twitch Services by Twitch or to any persons barred
from receiving them under the laws of the United States (such as its
export and re-export restrictions and regulations) or applicable laws in
any other jurisdiction.
BY DOWNLOADING, INSTALLING, OR OTHERWISE USING THE
TWITCH SERVICES, YOU REPRESENT THAT YOU ARE AT LEAST 13
YEARS OF AGE, THAT YOUR PARENT OR LEGAL GUARDIAN
AGREES TO BE BOUND BY THESE TERMS OF SERVICE IF YOU
ARE BETWEEN 13 AND THE AGE OF LEGAL MAJORITY IN YOUR
JURISDICTION OF RESIDENCE, AND THAT YOU HAVE NOT BEEN
PREVIOUSLY REMOVED FROM AND ARE NOT PROHIBITED FROM
RECEIVING THE TWITCH SERVICES.
3. Privacy Notice
Your privacy is important to Twitch. Please see our Privacy Notice for
information relating to how we collect, use, and disclose your
personal information, and our Privacy Choices on how you can
manage your online privacy when you use the Twitch Services.
4. Account

a. Account and Password
In order to open an account, you will be asked to provide us with
certain information such as an account name and password.
You are solely responsible for maintaining the confidentiality of your
account, your password and for restricting access to your computer.
If you permit others to use your account credentials, you agree to
these Terms of Service on behalf of all other persons who use the
Services under your account or password, and you are responsible
for all activities that occur under your account or password. Please
make sure the information you provide to Twitch upon registration and
at all other times is true, accurate, current, and complete to the best
of your knowledge.
Unless expressly permitted in writing by Twitch, you may not sell, rent,
lease, share, or provide access to your account to anyone else,
including without limitation, charging anyone for access to
administrative rights on your account. Twitch reserves all available
legal rights and remedies to prevent unauthorized use of the Twitch
Services, including, but not limited to, technological barriers, IP
mapping, and, in serious cases, directly contacting your Internet
Service Provider (ISP) regarding such unauthorized use.
b. Third-Party Accounts
Twitch may permit you to register for and log on to the Twitch
Services via certain third-party services. The third party’s collection,
use, and disclosure of your information will be subject to that third-
party service’s privacy notice. Further information about how Twitch
collects, uses, and discloses your personal information when you link
your Twitch account with your account on any third-party service can
be found in our Privacy Notice.
5. Use of Devices and Services

Access to the Twitch Services may require the use of your personal
computer or mobile device, as well as communications with or use of
space on such devices. You are responsible for any Internet
connection or mobile fees and charges that you incur when accessing
the Twitch Services.
6. Modification of these Terms of Service
Twitch may amend any of the terms of these Terms of Service by
posting the amended terms. Your continued use of the Twitch
Services after the effective date of the revised Terms of Service
constitutes your acceptance of the terms.
For residents of the Republic of Korea, Twitch will provide reasonable
prior notice regarding any material amendments to its Terms of
Service.  All amendments shall become effective no sooner than 30
calendar days after posting; provided that any amendment regarding
newly available features of the Service, features of the Service that are
beneficial to the user, or changes made for legal reasons may become
effective immediately.
7. License
The Twitch Services are owned and operated by Twitch. Unless
otherwise indicated, all content, information, and other materials on
the Twitch Services (excluding User Content, set out in Section 8
below), including, without limitation, Twitch’s trademarks and logos,
the visual interfaces, graphics, design, compilation, information,
software, computer code (including source code or object code),
services, text, pictures, information, data, sound files, other files, and
the selection and arrangement thereof (collectively, the “Materials”)
are protected by relevant intellectual property and proprietary rights
and laws. All Materials are the property of Twitch or its subsidiaries or
affiliated companies and/or third-party licensors. Unless otherwise
expressly stated in writing by Twitch, by agreeing to these Terms of

Service you are granted a limited, non-sublicensable license (i.e., a
personal and limited right) to access and use the Twitch Services for
your personal use or internal business use only.
Twitch reserves all rights not expressly granted in these Terms of
Service. This license is subject to these Terms of Service and does
not permit you to engage in any of the following: (a) resale or
commercial use of the Twitch Services or the Materials; (b)
distribution, public performance or public display of any Materials; (c)
modifying or otherwise making any derivative uses of the Twitch
Services or the Materials, or any portion of them; (d) use of any data
mining, robots, or similar data gathering or extraction methods; (e)
downloading (except page caching) of any portion of the Twitch
Services, the Materials, or any information contained in them, except
as expressly permitted on the Twitch Services; or (f) any use of the
Twitch Services or the Materials except for their intended purposes.
Any use of the Twitch Services or the Materials except as specifically
authorized in these Terms of Service, without the prior written
permission of Twitch, is strictly prohibited and may violate intellectual
property rights or other laws. Unless explicitly stated in these Terms of
Service, nothing in them shall be interpreted as conferring any license
to intellectual property rights, whether by estoppel, implication, or
other legal principles. Twitch can terminate this license as set out in
Section 14.
8. User Content
Twitch allows you to distribute streaming live and pre-recorded audio-
visual works; to use services, such as chat, bulletin boards, forum
postings, wiki contributions, and voice interactive services; and to
participate in other activities in which you may create, post, transmit,
perform, or store content, messages, text, sound, images,
applications, code, or other data or materials on the Twitch Services
(“User Content”).

a. License to Twitch
(i) Unless otherwise agreed to in a written agreement between you
and Twitch that was signed by an authorized representative of Twitch,
if you submit, transmit, display, perform, post, or store User Content
using the Twitch Services, you grant Twitch and its sub-licensees, to
the furthest extent and for the maximum duration permitted by
applicable law (including in perpetuity if permitted under applicable
law), an unrestricted, worldwide, irrevocable, fully sub-licenseable,
nonexclusive, and royalty-free right to: (a) use, reproduce, modify,
adapt, publish, translate, create derivative works from, distribute,
perform, and display such User Content (including without limitation
for promoting and redistributing part or all of the Twitch Services (and
derivative works thereof) in any form, format, media, or media
channels now known or later developed or discovered; and (b) use the
name, identity, likeness, and voice (or other biographical information)
that you submit in connection with such User Content. Should such
User Content contain the name, identity, likeness, and voice (or other
biographical information) of third parties, you represent and warrant
that you have obtained the appropriate consents and/or licenses for
your use of such features and that Twitch and its sub-licensees are
allowed to use them to the extent indicated in these Terms of Service.
(ii) With respect to User Content known as “add-ons”, “maps”,
“mods”, or other types of projects submitted through
CurseForge.com or related sites (the “Submitted Projects”), the rights
granted by you hereunder terminate once you remove or delete such
Submitted Projects from the Twitch Services. You also acknowledge
that Twitch may retain, but not display, distribute, or perform, server
copies of Submitted Projects that have been removed or deleted.
(iii) With respect to streaming live and pre-recorded audio-visual
works, the rights granted by you hereunder terminate once you delete
such User Content from the Twitch Services, or generally by closing

your account, except:(a) to the extent you shared it with others as part
of the Twitch Services and others copied or stored portions of the
User Content (e.g., made a Clip); (b) Twitch used it for promotional
purposes; and (c) for the reasonable time it takes to remove from
backup and other systems.
b. User Content Representations and Warranties
You are solely responsible for your User Content and the
consequences of posting or publishing it. You represent and warrant
that: (1) you are the creator or own or control all right in and to the
User Content or otherwise have sufficient rights and authority to grant
the rights granted herein; (2) your User Content does not and will not:
(a) infringe, violate, or misappropriate any third-party right, including
any copyright, trademark, patent, trade secret, moral right, privacy
right, right of publicity, or any other intellectual property or proprietary
right, or (b) defame any other person; (3) your User Content does not
contain any viruses, adware, spyware, worms, or other harmful or
malicious code; and (4) unless you have received prior written
authorization, your User Content specifically does not contain any
pre-release or non-public beta software or game content or any
confidential information of Twitch or third parties. Twitch reserves all
rights and remedies against any users who breach these
representations and warranties.
c. Content is Uploaded at Your Own Risk
Twitch uses reasonable security measures in order to attempt to
protect User Content against unauthorized copying and distribution.
However, Twitch does not guarantee that any unauthorized copying,
use, or distribution of User Content by third parties will not take place.
To the furthest extent permitted by applicable law, you hereby agree
that Twitch shall not be liable for any unauthorized copying, use, or
distribution of User Content by third parties and release and forever

waive any claims you may have against Twitch for any such
unauthorized copying or usage of the User Content, under any theory.
THE SECURITY MEASURES TO PROTECT USER CONTENT USED
BY TWITCH HEREIN ARE PROVIDED AND USED “AS-IS” AND WITH
NO WARRANTIES, GUARANTEES, CONDITIONS, ASSURANCES, OR
OTHER TERMS THAT SUCH SECURITY MEASURES WILL
WITHSTAND ATTEMPTS TO EVADE SECURITY MECHANISMS OR
THAT THERE WILL BE NO CRACKS, DISABLEMENTS, OR OTHER
CIRCUMVENTION OF SUCH SECURITY MEASURES.
d. Promotions
Users may promote, administer, or conduct a promotion (e.g., a
contest or sweepstakes) on, through, or utilizing the Twitch Services
(a “Promotion”). If you choose to promote, administer, or conduct a
Promotion, you must adhere to the following rules: (1) You may carry
out Promotions to the extent permitted by applicable law and you are
solely responsible for ensuring that any Promotions comply with any
and all applicable laws, obligations, and restrictions; (2) You will be
classified as the promoter of your Promotion in the applicable
jurisdiction(s) and you will be solely responsible for all aspects of and
expenses related to your Promotion, including without limitation the
execution, administration, and operation of the Promotion; drafting
and posting any official rules; selecting winners; issuing prizes; and
obtaining all necessary third-party permissions and approvals,
including without limitation filing any and all necessary registrations
and bonds. Twitch has the right to remove your Promotion from the
Twitch Services if Twitch reasonably believes that your Promotion
does not comply with the Terms of Service or applicable law; (3)
Twitch is not responsible for and does not endorse or support any
such Promotions. You may not indicate that Twitch is a sponsor or co-
sponsor of the Promotion; and (4) You will display or read out the
following disclaimer when promoting, administering, or conducting a

Promotion: “This is a promotion by [Your Name]. Twitch does not
sponsor or endorse this promotion and is not responsible for it.”.
e. Endorsements/Testimonials
You agree that your User Content will comply with the
FTC’s Guidelines Concerning the Use of Testimonials and
Endorsements in Advertising, the FTC’s Disclosures Guide, the
FTC’s Native Advertising Guidelines, and any other guidelines issued
by the FTC from time to time (the “FTC Guidelines”), as well as any
other advertising guidelines required under applicable law. For
example, if you have been paid or provided with free products in
exchange for discussing or promoting a product or service through
the Twitch Services, or if you are an employee of a company and you
decide to discuss or promote that company’s products or services
through the Twitch Services, you agree to comply with the FTC
Guidelines’ requirements for disclosing such relationships. You, and
not Twitch, are solely responsible for any endorsements or
testimonials you make regarding any product or service through the
Twitch Services.
f. Political Activity
Subject to these Terms of Service and the Community Guidelines, you
may share political opinions; participate in political activity; provide
links to a political committee’s official website, including the
contribution page of a political committee; and solicit viewers to make
contributions directly to a political committee. You agree, however,
that these activities are entirely your own. Moreover, by engaging in
these activities, you represent and warrant that you are eligible to
engage in them under applicable law, and that you will abide by all
relevant laws and regulations while doing so.
You agree not to solicit the use of or use any Twitch monetization tool
(e.g., Bits or subscriptions) for the purpose of making or delivering a

contribution to a candidate, candidate’s committee, political action
committee, ballot committee, or any other campaign committee, or
otherwise for the purpose of influencing any election. Candidates for
political office are not eligible to use any Twitch monetization tool on
their channels.
9. Prohibited Conduct
YOU AGREE NOT TO violate any law, contract, intellectual property,
or other third-party right; not to commit a tort, and that you are solely
responsible for your conduct while on the Twitch Services.
You agree that you will comply with these Terms of Service and
Twitch’s Community Guidelines and will not:
i. create, upload, transmit, distribute, or store any content that is
inaccurate, unlawful, infringing, defamatory, obscene, pornographic,
invasive of privacy or publicity rights, harassing, threatening, abusive,
inflammatory, or otherwise objectionable;
ii. impersonate any person or entity; falsely claim an affiliation with
any person or entity; access the Twitch Services accounts of others
without permission; forge another person’s digital signature;
misrepresent the source, identity, or content of information
transmitted via the Twitch Services; or perform any other similar
fraudulent activity;
iii. send junk mail or spam to users of the Twitch Services, including
without limitation unsolicited advertising, promotional materials, or
other solicitation material; bulk mailing of commercial advertising,
chain mail, informational announcements, charity requests, petitions
for signatures, or any of the preceding things related to promotional
giveaways (such as raffles and contests); and other similar activities;
iv. harvest or collect email addresses or other contact information of
other users from the Twitch Services;

v. defame, harass, abuse, threaten, or defraud users of the Twitch
Services, or collect or attempt to collect, personal information about
users or third parties without their consent;
vi. delete, remove, circumvent, disable, damage, or otherwise interfere
with (a) security-related features of the Twitch Services or User
Content, (b) features that prevent or restrict use or copying of any
content accessible through the Twitch Services, (c) features that
enforce limitations on the use of the Twitch Services or User Content,
or (d) the copyright or other proprietary rights notices on the Twitch
Services or User Content;
vii. reverse engineer, decompile, disassemble, or otherwise attempt to
discover the source code of the Twitch Services or any part thereof,
except and only to the extent that this activity is expressly permitted
by the law of your jurisdiction of residence;
viii. modify, adapt, translate, or create derivative works based upon
the Twitch Services or any part thereof, except and only to the extent
that such activity is expressly permitted by applicable law
notwithstanding this limitation;
ix. interfere with or damage the operation of the Twitch Services or
any user’s enjoyment of them, by any means, including uploading or
otherwise disseminating viruses, adware, spyware, worms, or other
malicious code;
x. relay email from a third party’s mail servers without the permission
of that third party;
xi. access any website, server, software application, or other
computer resource owned, used, and/or licensed by Twitch, including
but not limited to the Twitch Services, by means of any robot, spider,
scraper, crawler, or other automated means for any purpose, or
bypass any measures Twitch may use to prevent or restrict access to

any website, server, software application, or other computer resource
owned, used, and/or licensed by Twitch, including but not limited to
the Twitch Services;
xii. manipulate identifiers in order to disguise the origin of any User
Content transmitted through the Twitch Services;
xiii. interfere with or disrupt the Twitch Services or servers or networks
connected to the Twitch Services, or disobey any requirements,
procedures, policies, or regulations of networks connected to the
Twitch Services; use the Twitch Services in any manner that could
interfere with, disrupt, negatively affect, or inhibit other users from
fully enjoying the Twitch Services, or that could damage, disable,
overburden, or impair the functioning of the Twitch Services in any
manner;
xiv. use or attempt to use another user’s account without
authorization from that user and Twitch;
xv. attempt to circumvent any content filtering techniques we employ,
or attempt to access any service or area of the Twitch Services that
you are not authorized to access;
xvi. attempt to indicate in any manner, without our prior written
permission, that you have a relationship with us or that we have
endorsed you or any products or services for any purpose; and
xvii. use the Twitch Services for any illegal purpose, or in violation of
any local, state, national, or international law or regulation, including
without limitation laws governing intellectual property and other
proprietary rights, data protection, and privacy.
To the extent permitted by applicable law, Twitch takes no
responsibility and assumes no liability for any 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 Twitch
Services. Your use of the Twitch Services 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 Twitch
Services will not contain any content that is prohibited by such rules.
Twitch is not liable for any statements or representations included in
User Content. Twitch does not endorse any User Content, opinion,
recommendation, or advice expressed therein, and Twitch expressly
disclaims any and all liability in connection with User Content. To the
fullest extent permitted by applicable law, Twitch reserves the right to
remove, screen, or edit any User Content posted or stored on the
Twitch Services at any time and without notice, including where such
User Content violates these Terms of Service or applicable law, and
you are solely responsible for creating backup copies of and replacing
any User Content you post or store on the Twitch Services at your
sole cost and expense. Any use of the Twitch Services in violation of
the foregoing violates these Terms of Service and may result in,
among other things, termination or suspension of your rights to use
the Twitch Services.
For Residents of the Republic of Korea, except in the case where
Twitch reasonably considers that giving notice is legally prohibited (for
instance, when providing notice would either (i) violate applicable
laws, regulations, or orders from regulatory authorities or (ii)
compromise an ongoing investigation conducted by a regulatory
authority) or that any notice may cause harm to you, third parties,
Twitch, and/or its affiliates (for instance, when providing notice harms
the security of the Twitch Services), Twitch will without delay notify
you of the reason for taking the relevant step.
10. Respecting Copyright

Twitch respects the intellectual property of others and follows the
requirements set forth in the Digital Millennium Copyright Act
(“DMCA”) and other applicable laws. If you are the copyright owner or
agent thereof and believe that content posted on the Twitch Services
infringes upon your copyright, please submit a notice following
our DMCA Guidelines, which include further information about our
policies, what to include in your notice, and where to submit your
notice.
11. Trademarks
TWITCH, the Twitch logos, and any other product or service name,
logo, or slogan used by Twitch, and the look and feel of the Twitch
Services, including all page headers, custom graphics, button icons,
and scripts, are trademarks or trade dress of Twitch, and may not be
used in whole or in part in connection with any product or service that
is not Twitch’s, in any manner that is likely to cause confusion among
customers, or in any manner that disparages or discredits Twitch,
without our prior written permission. Any use of these trademarks
must be in accordance with the Twitch Trademark Guidelines.
All other trademarks referenced in the Twitch Services are the
property of their respective owners. Reference on the Twitch Services
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 by us or any other affiliation.
12. Third-Party Content
In addition to the User Content, Twitch may provide other third-party
content on the Twitch Services (collectively, the “Third-Party
Content”). Twitch does not control or endorse any Third-Party Content
and makes no representation or warranties of any kind regarding the
Third-Party Content, including without limitation regarding its

accuracy or completeness. Please be aware that we do not create
Third-Party Content, update, or monitor it. Therefore we are not
responsible for any Third-Party Content on the Twitch Services.
You are responsible for deciding if you want to access or use third-
party websites or applications that link from the Twitch Services (the
“Reference Sites”). Twitch does not control or endorse any such
Reference Sites or the information, materials, products, or services
contained on or accessible through Reference Sites, and makes no
representations or warranties of any kind regarding the Reference
Sites. In addition, your correspondence or business dealings with, or
participation in promotions of, advertisers found on or through the
Twitch Services are solely between you and such advertiser. Access
and use of Reference Sites, including the information, materials,
products, and services on or available through Reference Sites is
solely at your own risk.
13. Idea Submission
By submitting ideas, suggestions, documents, and/or proposals (the
“Submissions”) to Twitch or its employees, you acknowledge and
agree that Twitch shall be entitled to use or disclose such
Submissions for any purpose in any way without providing
compensation or credit to you.
14. Termination
To the fullest extent permitted by applicable law, Twitch reserves the
right, without notice and in our sole discretion, to terminate your
license to use the Twitch Services (including to post User Content)
and to block or prevent your future access to and use of the Twitch
Services, including where we reasonably consider that: (a) your use of
the Twitch Services violates these Terms of Service or applicable law;
(b) you fraudulently use or misuse the Twitch Services; or (c) we are
unable to continue providing the Twitch Services to you due to

technical or legitimate business reasons. Our right to terminate your
license includes the ability to terminate or to suspend your access to
any purchased products or services, including any subscriptions,
Prime Gaming, or Turbo accounts. To the fullest extent permitted by
applicable law, your only remedy with respect to any dissatisfaction
with: (i) the Twitch Services, (ii) any term of these Terms of Service, (iii)
any policy or practice of Twitch in operating the Twitch Services, or (iv)
any content or information transmitted through the Twitch Services, is
to terminate your account and to discontinue use of any and all parts
of the Twitch Services.
For residents of the Republic of Korea, except in the case where
Twitch reasonably considers that giving notice is legally prohibited (for
instance, when providing notice would either (i) violate applicable
laws, regulations, or orders from regulatory authorities or (ii)
compromise an ongoing investigation conducted by a regulatory
authority) or that any notice may cause harm to you, third parties,
Twitch, and/or its affiliates (for instance, when providing notice harms
the security of the Twitch Services), Twitch will without delay notify
you of the reason for taking the relevant step.
15. Disputes
a. Indemnification
To the fullest extent permitted by applicable law, you agree to
indemnify, defend, and hold harmless Twitch, its affiliated companies,
and each of our respective contractors, employees, officers, directors,
agents,  third-party suppliers, licensors, and partners (individually and
collectively, the “Twitch Parties”) from any claims, losses, damages,
demands, expenses, costs, and liabilities, including legal fees and
expenses, arising out of or related to your access, use, or misuse of
the Twitch Services, any User Content you post, store, or otherwise
transmit in or through the Twitch Services, your violation of the rights

of any third party, any violation by you of these Terms of Service, or
any breach of the representations, warranties, and covenants made
by you herein. You agree to promptly notify the Twitch Parties of any
third-party claim, and Twitch reserves the right, at your expense, to
assume the exclusive defense and control of any matter for which you
are required to indemnify Twitch, and you agree to cooperate with
Twitch’s defense of these claims. Twitch will use reasonable efforts to
notify you of any such claim, action, or proceeding upon becoming
aware of it.
b. Disclaimers; No Warranties
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A)
THE TWITCH SERVICES AND THE CONTENT AND MATERIALS
CONTAINED THEREIN ARE PROVIDED ON AN “AS IS” BASIS
WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR
IMPLIED, EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY
IN WRITING BY TWITCH; (B) THE TWITCH PARTIES DISCLAIM ALL
OTHER WARRANTIES, STATUTORY, EXPRESS, OR IMPLIED,
INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE, AND NON-INFRINGEMENT AS TO THE TWITCH SERVICES,
INCLUDING ANY INFORMATION, CONTENT, OR MATERIALS
CONTAINED THEREIN; (C) TWITCH DOES NOT REPRESENT OR
WARRANT THAT THE CONTENT OR MATERIALS ON THE TWITCH
SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR
ERROR-FREE; (D) TWITCH IS NOT RESPONSIBLE FOR
TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO TEXT OR
PHOTOGRAPHY; AND (E) WHILE TWITCH ATTEMPTS TO MAKE
YOUR ACCESS AND USE OF THE TWITCH SERVICES SAFE,
TWITCH CANNOT AND DOES NOT REPRESENT OR WARRANT
THAT THE TWITCH SERVICES OR OUR SERVER(S) ARE FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS, AND THEREFORE,

YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO
DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD. NO
ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED BY YOU FROM TWITCH OR THROUGH THE TWITCH
SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY
STATED HEREIN.
c. Limitation of Liability and Damages
i. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) IN
NO EVENT SHALL TWITCH OR THE TWITCH PARTIES BE LIABLE
FOR ANY DIRECT, SPECIAL, INDIRECT, OR CONSEQUENTIAL
DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING
BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS
OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT
(INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE,
ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF
OR INABILITY TO USE THE TWITCH SERVICES, THE CONTENT OR
THE MATERIALS, INCLUDING WITHOUT LIMITATION ANY
DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON ANY
INFORMATION OBTAINED FROM TWITCH, OR THAT RESULT FROM
MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR
EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR
TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER
OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS
FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO
TWITCH’S RECORDS, PROGRAMS, OR SERVICES; AND (B) IN NO
EVENT SHALL THE AGGREGATE LIABILITY OF TWITCH, WHETHER
IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE,
WHETHER ACTIVE, PASSIVE, OR IMPUTED), PRODUCT LIABILITY,
STRICT LIABILITY, OR OTHER THEORY, ARISING OUT OF OR
RELATING TO THE USE OF OR INABILITY TO USE THE TWITCH

SERVICES EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR
ACCESSING THE TWITCH SERVICES DURING THE TWELVE (12)
MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR
ONE HUNDRED DOLLARS, WHICHEVER IS GREATER. TO THE
EXTENT THAT APPLICABLE LAW PROHIBITS LIMITATION OF SUCH
LIABILITY, TWITCH SHALL LIMIT ITS LIABILITY TO THE FULL
EXTENT ALLOWED BY APPLICABLE LAW.
ii. Reference Sites
THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO
DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS
OR SERVICES SOLD OR PROVIDED ON ANY REFERENCE SITES OR
OTHERWISE BY THIRD PARTIES OTHER THAN TWITCH AND
RECEIVED THROUGH OR ADVERTISED ON THE TWITCH SERVICES
OR RECEIVED THROUGH ANY REFERENCE SITES.
iii. Basis of the Bargain
YOU ACKNOWLEDGE AND AGREE THAT TWITCH HAS OFFERED
THE TWITCH SERVICES, USER CONTENT, MATERIALS, AND OTHER
CONTENT AND INFORMATION, SET ITS PRICES, AND ENTERED
INTO THESE TERMS OF SERVICE IN RELIANCE UPON THE
WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET
FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND
LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A
REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU
AND TWITCH, AND THAT THE WARRANTY DISCLAIMERS AND
LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN
ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND TWITCH.
TWITCH WOULD NOT BE ABLE TO PROVIDE THE TWITCH
SERVICES TO YOU ON AN ECONOMICALLY REASONABLE BASIS
WITHOUT THESE LIMITATIONS.
d. Applicable Law and Venue

(i) To the fullest extent permitted by applicable law, you and Twitch
agree that if you are a Subscribing Organization or a consumer
resident of a jurisdiction other than those in (ii) below, the following
governing law and arbitration provision applies:
PLEASE READ THE FOLLOWING 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 Service or your use of the Twitch Services, 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: 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.
(ii) If you are a resident in any jurisdiction in which the provision in the
section above is found to be unenforceable, then any disputes,
claims, or causes of action arising out of or in connection with these
Terms of Service will be governed by and construed under the laws of
your jurisdiction of residence, and shall be resolved by competent civil
courts within your jurisdiction of residence.
e. Claims
YOU AND TWITCH AGREE THAT ANY CAUSE OF ACTION ARISING
OUT OF OR RELATED TO THE TWITCH SERVICES MUST
COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION
ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS
PERMANENTLY BARRED.
16. Miscellaneous
a. Waiver
If we fail to exercise or enforce any right or provision of these Terms of
Service, it will not constitute a waiver of such right or provision. Any
waiver of any provision of these Terms of Service will be effective only
if in writing and signed by the relevant party.
b. Severability
If any provision of these Terms of Service is held to be unlawful, void,
or for any reason unenforceable, then that provision will be limited or
eliminated from these Terms of Service to the minimum extent
necessary and will not affect the validity and enforceability of any
remaining provisions.
c. Assignment

These Terms of Service, and any rights and licenses granted
hereunder, may not be transferred or assigned by you, but may be
assigned by Twitch without restriction. Any assignment attempted to
be made in violation of this Terms of Service shall be void.
d. Survival
Upon termination of these Terms of Service, any provision which, by
its nature or express terms should survive, will survive such
termination or expiration, including, but not limited to, Sections 7, 8,
11, 12, and 15-17.
e. Entire Agreement
The Terms of Service, which incorporate the Terms of Sale and the
Community Guidelines, is the entire agreement between you and
Twitch relating to the subject matter herein and will not be modified
except by a writing signed by authorized representatives of both
parties, or by a change to these Terms of Service made by Twitch as
set forth in Section 6 above.
17. Requests for Information and How to Serve a
Subpoena
All requests for information or documents related to potential,
anticipated, or current legal proceedings, investigations, or disputes
must be made using the appropriate level of legal process, and must
be properly served on Twitch via the Corporation Service Company
(CSC), Twitch’s national registered agent. Please find below the
California address for CSC (the CSC office in your jurisdiction may be
located through the Secretary of State’s website):
Twitch Interactive, Inc.
c/o Corporation Service Company
2710 Gateway Oaks Drive, Suite 150N
Sacramento, CA 95833

Please note that Twitch does not accept requests for information or
documents, or service of process, via e-mail or fax and will not
respond to such requests. All requests must include the information
you may have that will help us identify the relevant records
(particularly, the Twitch Service at issue, e.g., www.twitch.tv, and the
username at issue, e.g., the Twitch username:
http://www.twitch.tv/username), the specific information requested,
and its relationship to your investigation. Please also note that limiting
your request to the relevant records (e.g., a limited time period) will
facilitate efficient processing of your request.
The Twitch Services are offered by Twitch Interactive, Inc., located at:
350 Bush Street, 2nd Floor, San Francisco, CA 94104 and email:
help@twitch.tv. If you are a California resident, you may have this
same information emailed to you by sending a letter to the foregoing
address with your email address and a request for this information.
18. Specific Terms for Soundtrack by Twitch
Soundtrack by Twitch (“Soundtrack”), which is part of the Twitch
Services, is a streamer tool designed to give creators the ability to
play licensed music in the background of their live streams and
upload on-demand videos of those live streams that do not include
such music. By downloading, installing, and/or otherwise using
Soundtrack, you agree that your download, installation, and/or use of
Soundtrack will be governed by these Terms of Service.
Twitch’s Community Guidelines and Music Guidelines apply as well,
and we recommend that you review both resources prior to using
Soundtrack.
Soundtrack was borne out of Twitch’s desire to offer creators a wide
variety of licensed music for live streaming. To make this possible,
Twitch secured licenses with many different rights holders and
continues to do so in order to add new tracks to Soundtrack’s

stations and playlists. Twitch also designed Soundtrack to give
creators the ability to generate on-demand videos of their live streams
that do not include this music.
The licenses Twitch secured allow Twitch to make these materials
available to you for your use in live streams on your Twitch channel.
Music and other materials made available through Soundtrack have
not been licensed for your use in pre-recorded content, in content
that can be streamed on-demand (such as VODs and Clips), or
outside the Twitch Services. What this means is that you may not:
Create on-demand content containing materials from Soundtrack –
we have designed Soundtrack with this restriction in mind, and
proper setup will allow you to create and use music-free on-
demand videos of live streams that include Soundtrack music; or
Live stream content that includes music or other materials from
Soundtrack outside the Twitch Services.
Doing any of the above may subject you to a notice of alleged
infringement from rights holders and their agents.
Last, we want to alert you to the fact that music rights tend to evolve
over time. Thus, we reserve the right to modify or remove certain
songs or other content from Soundtrack at any time (for example, as
necessary to comply with our music licenses or with applicable laws).
Twitch takes no responsibility and assumes no liability in connection
with your use of Soundtrack.