We reserve the right, at our discretion, to change these Terms at any time. Such change will be effective five (5)
days following posting of the revised Terms on the Site, and your continued use of the Services thereafter means
that you accept those changes.
Ability to Accept Terms.
The Services are only intended for individuals aged thirteen (13) years or older. If you are under 13 years please
do not visit or use the Services. If you are between 13 and 18 years of age, then you must review these Terms with
your parent or guardian before visiting or using the Services to make sure that you and your parent or guardian
understand these Terms and agree to them.
For such time as these Terms are in effect, we hereby grant you permission to visit and use the Services provided
that you comply with these Terms and applicable law.
You shall not: (i) copy, distribute or modify any part of the Services without our prior written authorization; (ii)
use, modify, create derivative works of, transfer (by sale, resale, license, sublicense, download or otherwise),
reproduce, distribute, display or disclose Content (defined below), except as expressly authorized herein; (iii)
disrupt servers or networks connected to the Services; (iv) use or launch any automated system (including without
limitation, "robots" and "spiders") to access the Services; and/or (v) circumvent, disable or otherwise interfere
with security-related features of the Services or features that prevent or restrict use or copying of any Content or
that enforce limitations on use of the Services.
In order to use some of the services of the Site, App or Plug-In, you may have to create an account ("Account").
You agree not to create an Account for anyone else or use the account of another without their permission. When
creating your Account, you must provide accurate and complete information. You are solely responsible for the
activity that occurs in your Account, and you must keep your Account password secure. You must notify StreamElements
immediately of any breach of security or unauthorized use of your Account. As between you and StreamElements, you
are solely responsible and liable for the activity that occurs in connection with your Account. If you wish to
delete your Account you may send an email request to StreamElements at
Payments to StreamElements.
Except as expressly set forth in the Terms, your general right to access and use the Site is currently for free, but
StreamElements may in the future charge a fee for certain access or usage. You will not be charged for any such
access or use of the Site unless you first agree to such charges, but please be aware that any failure to pay
applicable charges may result in you not having access to some or all of the Site.
StreamElements’ Services enable users that view online gaming streams (“Viewers”) to
transfer tips or donations (“Tips”) to game streamers (“Streamers”)
and to submit requests to Streamers (“Requests”). Tips may be submitted by Viewers and
processed through various third party payment processing services (“Payment Providers”),
and additional terms may apply to such payments. In addition to these Terms, you agree that the terms and
conditions of such Payment Providers shall apply to the online payments and provision and/or receipt of Tips. We
reserve the right, at any time and for any reason, at our sole discretion, to: (1) change our available Tip-payment
methods and/or our Payment Providers; (2) eliminate the option to give and/or receive Tips for any or all Viewers
and/or Streamers; and (3) to limit the number and/or frequency of Tip-payment transactions permitted via the App
and/or the Services. StreamElements shall in no event be responsible or liable for: (A) the availability and/or
operation of any Payment Provider; (B) the acknowledgment or fulfillment of a Request by any Streamer; (C) any
action or default by any Streamer or Viewer or any interaction between a Streamer and a Viewer; and (D) any
unfulfilled Tip-payment transaction which results from incorrect payment information provided by the Viewer or which
is made not in accordance with these terms. By offering a Tip, you, as a Viewer hereby confirm that: (i) you are
using a valid credit card which is owned by you for the payment of the Tip and providing complete and accurate
information in connection with the transaction; and (ii) no goods or services have been offered to you in
consideration for the Tip and the Tip payment has not been solicited in any way. All Tip charges are non-refundable
and cannot be withdrawn or charged back by Viewers. Viewers hereby confirm and acknowledge that Tips shall not be
subject to or conditioned upon any consideration or benefit, including without limitation the performance of
Intellectual Property Rights.
End User License. Subject to the terms and conditions of these Terms, we
hereby grant you a personal, revocable, non-exclusive, non-sublicensable, non-assignable, non-transferable
license ("License") to: (i) download, install and use the App and/or Plug-In (as
applicable) on a computer, mobile telephone or
any other device you are using to access the Service (the "Device"); and (ii) access
and use the Services on that Device in accordance with these Terms.
Content and Marks. The (i) content on the Services, including without
limitation, the text, documents, articles, brochures, descriptions, products, software, graphics, photos,
sounds, videos, interactive features, and services (collectively, the "Materials"),
(ii) and User Submissions, as defined below (together with the Materials, the "Content"),
and (iii) the trademarks, service marks and logos contained therein ("Marks"), are the
property of StreamElements and/or its licensors and may be protected by applicable copyright or
other intellectual property laws and treaties. “StreamElements”, the StreamElements logo, and other marks are
Marks of StreamElements or its affiliates. All other trademarks, service marks, and logos used on the Services
are the trademarks, service marks, or logos of their respective owners. We reserve all rights not expressly
granted in and to the Services and the Content.
License Restrictions. You agree not to, and shall not permit any third party
to: (i) sublicense, redistribute, sell, lease, lend or rent the Services; (ii) make the Services available over
a network where it could be used by multiple devices owned or operated by different people at the same time;
(iii) disassemble, reverse engineer, decompile, decrypt, or attempt to derive the source code of, the Services;
(iv) copy (except for back-up purposes), modify, improve, or create derivative works of the Services or any part
thereof; (v) circumvent, disable or otherwise interfere with security-related features of the Services or
features that prevent or restrict use or copying of any content or that enforce limitations on use of the
Services; (vi) remove, alter or obscure any proprietary notice or identification, including copyright,
trademark, patent or other notices, contained in or displayed on or via the Services; (vii) use any
communications systems provided by the App to send unauthorized and/or unsolicited commercial communications;
(viii) use the StreamElements name, logo or trademarks without our prior written consent; and/or (ix) use the
Services to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or
inappropriate purpose, or in any manner that breaches this Agreement.
Responsibility. The Services permit the submission, hosting, sharing and
publishing of Content by you and other users ("User Submissions"). You understand that
whether or not such User Submissions are published, we do not guarantee any
confidentiality with respect to any User Submissions. You shall be solely responsible for your User Submissions
and the consequences of posting, publishing or uploading them. We have complete discretion whether to publish
your User Submissions and we reserve the right in our sole discretion and without further notice to you, to
monitor, censor, edit, remove, delete, and/or remove any and all Content posted on the Services (including User
Submissions) at any time and for any reason.
Ownership. You represent and warrant that you own or have the necessary
rights and permissions to use and authorize StreamElements to use all Intellectual Property Rights (defined
below) in and to your User Submissions, and to enable inclusion and use thereof as contemplated by the Services
and these Terms. Unless the User Submissions are separately referred to, all references herein to Content shall
include references to User Submissions.
"Intellectual Property Rights"
means any and all rights, titles and interests, whether foreign or domestic, in and to any and all trade
secrets, patents, copyrights, service marks, trademarks, know-how, or similar intellectual property rights, as
well as any and all moral rights, rights of privacy, publicity and similar rights of any type under the laws or
regulations of any governmental, regulatory, or judicial authority, foreign or domestic. You retain all of your
ownership rights in and to your User Submissions.
License to User Submissions. By submitting the User Submissions to
StreamElements, you hereby grant StreamElements a worldwide, irrevocable, non-exclusive, royalty-free,
perpetual, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of,
display, and perform the User Submissions in connection with the Services and StreamElements's business,
including without limitation for publishing and redistributing part or all of your User Submissions (and
derivative works thereof) in any media formats and through any media channels and, and you hereby waive any
moral rights in your User Submissions, to the extent permitted by law. You also hereby grant each user of the
Services or other viewer or user of the User Submission a non-exclusive right to use, reproduce, distribute,
prepare derivative works of, display and perform such User Submissions, all in accordance with these Terms.
Prohibited Content. You agree that you will not display, post, submit,
publish, upload or transmit a User Submission that: (i) is unfair or deceptive under the consumer protection
laws of any jurisdiction; (ii) is copyrighted, protected by trade secret or otherwise subject to third party
proprietary rights, including privacy and publicity rights, unless you are the owner of such rights; (iii)
creates a risk to a person’s safety or health, creates a risk to public safety or health, compromises national
security, or interferes with an investigation by law enforcement; (iv) impersonates another person; (v) promotes
illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking; (vi) is
unlawful, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive,
or encourages conduct that would be considered a criminal offense, gives rise to civil liability, violates any
law, or is inappropriate; (vii) involves theft or terrorism; or (viii) is otherwise malicious or fraudulent.
Exposure. You understand and acknowledge that when accessing and using the
Services: (i) you will be exposed to User Submissions from a variety of sources, and that StreamElements is not
responsible for the accuracy, usefulness, safety, or Intellectual Property Rights of, or relating to, such User
Submissions; and (ii) you may be exposed to User Submissions that are inaccurate, offensive, indecent, or
objectionable. You hereby agree to waive, and hereby do waive, any legal or equitable rights or remedies you may
have against StreamElements with respect to (i) and (ii) herein.
We attempt to be as accurate as possible. However, we cannot and do not warrant that the Content available on
the Services is accurate, complete, reliable, current, or error-free. We reserve the right to make changes in or
to the Content, or any part thereof, in our sole judgment, without the requirement of giving any notice prior to
or after making such changes to the Content. Your use of the Content, or any part thereof, is made solely at
your own risk and responsibility.
The Services may contain links, and may enable you to post content, to third party websites that are not owned
or controlled by StreamElements. We are not affiliated with, have no control over, and assume no responsibility
for the content, privacy policies, or practices of, any third party websites. You: (i) are solely responsible
and liable for your use of and linking to third party websites and any content that you may send or post to a
third party website; and (ii) expressly release StreamElements from any and all liability arising from your use
each third party website that you may choose to visit.
StreamElements permits you to link to the Site provided that: (i) you link to but do not replicate any page on
the Site; (ii) the hyperlink text shall accurately describe the Content as it appears on the Site; (iii) you
shall not misrepresent your relationship with StreamElements or present any false information about
StreamElements and shall not imply in any way that we are endorsing any services or products, unless we have
given you our express prior consent; (iv) you shall not link from a website ("Third Party Website")
which prohibits linking to third parties; (v) such Third Party Website does not contain content that (a) is
offensive or controversial (both at our discretion), or (b) infringes any intellectual property, privacy rights,
or other rights of any person or entity; and/or (vi) you, and your website, comply with these Terms and
We will use any personal information that we may collect or obtain in connection with the Services in accordance
www.StreamElements.com/privacy. You agree that we may
This section applies whether or not the services provided under the Services are for payment. Applicable law may
not allow the exclusion of certain warranties, so to that extent certain exclusions set forth herein may not
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND WITHOUT WARRANTIES OF ANY KIND EITHER
EXPRESS OR IMPLIED. STREAMELEMENTS HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT
LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND
THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. STREAMELEMENTS DOES NOT GUARANTEE THAT
THE SERVICES WILL BE FREE OF BUGS, SECURITY BREACHES, OR VIRUS ATTACKS. THE SERVICES MAY OCCASIONALLY BE
UNAVAILABLE FOR ROUTINE MAINTENANCE, UPGRADING, OR OTHER REASONS. YOU AGREE THAT STREAMELEMENTS WILL NOT BE HELD
RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR ANY THIRD PARTY THAT MAY RESULT FROM TECHNICAL PROBLEMS OF THE
INTERNET, SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS. WE DO NOT WARRANT, ENDORSE
OR GUARANTEE ANY CONTENT, PRODUCT, OR SERVICE THAT IS FEATURED OR ADVERTISED ON THE SERVICES BY A THIRD PARTY.
STREAMELEMENTS DOES NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT THAT APPEARS IN A USER SUBMISSION, AND DOES
NOT MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO, AND DISCLAIMS ALL LIABILITY FOR, ANY SUCH CONTENT.
YOU SPECIFICALLY ACKNOWLEDGE THAT STREAMELEMENTS SHALL NOT BE RESPONSIBLE FOR THE USER SUBMISSIONS OR CONDUCT
(INCLUDING DEFAMATORY, OFFENSIVE, ILLEGAL, OR NEGLIGENT CONDUCT) OF ANY SERVICES USER AND THAT THE RISK OF HARM
OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
YOUR RELIANCE ON, OR USE OF, ANY USER SUBMISSION, OR INTERACTION WITH ANY SERVICES USER OR OWNER, IS AT YOUR
SOLE RISK. IF YOU HAVE A DISPUTE WITH ANY SERVICES USER OR OWNER IN CONNECTION WITH THE SERVICES OR ANY USER
SUBMISSION, YOU AGREE THAT STREAMELEMENTS IS NOT LIABLE FOR ANY CLAIMS OR DAMAGES ARISING OUT OF OR CONNECTED
WITH SUCH A DISPUTE. STREAMELEMENTS RESERVES THE RIGHT, BUT HAS NO OBLIGATION, TO MONITOR ANY SUCH DISPUTE.
OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SECURITY OF ANY INFORMATION YOU MAY PROVIDE OR
ACTIVITIES YOU ENGAGE IN DURING THE COURSE OF YOUR USE OF THE SERVICES.
Limitation of Liability.
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, STREAMELEMENTS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT,
EXEMPLARY, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OF ANY KIND, OR FOR ANY LOSS OF DATA, REVENUE, PROFITS
OR REPUTATION, ARISING UNDER THESE TERMS OR OUT OF YOUR USE OF, OR INABILITY TO USE, THE SERVICES, EVEN IF
STREAMELEMENTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. Some jurisdictions do not allow
the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may
not apply to you.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF STREAMELEMENTS FOR ANY DAMAGES ARISING UNDER THESE TERMS OR OUT OF
YOUR USE OF, OR INABILITY TO USE, THE SERVICES EXCEED THE TOTAL AMOUNT OF FEES, IF ANY, PAID BY YOU TO
STREAMELEMENTS FOR USING THE SERVICES DURING THE THREE (3) MONTHS PRIOR TO BRINGING THE CLAIM.
You agree to defend, indemnify and hold harmless StreamElements and our affiliates, and our respective officers,
directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities,
costs and expenses (including but not limited to attorney's fees) arising from: (i) your use of, or inability to
use, the Services; (ii) your User Submissions; (iii) your interaction with any Services user; or (iv) your violation
of these Terms.
Updates and Upgrades.
We may from time to time provide updates or upgrades to the App or Plug-In (each a "Revision"),
but are not under any obligation to do so. Such Revisions will be supplied according to our then-current policies,
which may include automatic updating or upgrading without any additional notice to you. You consent to any such
automatic updating or upgrading of the App or Plug-In. All references herein to the App and Plug-In shall include
Revisions thereto. This Agreement shall govern any Revisions that replace or supplement the original App or Plug-In,
unless the Revision is accompanied by a separate license agreement which will govern the Revision.
Third Party Open Source Software.
Portions of the Services may include third party or open source software that is subject to third party terms and conditions ("Third Party Terms").
Such third party specific license terms and the acoompanying copyright notices are located at https://cdn.streamelements.com/obs/legal/open_source_notice.pdf.
We are not responsible for any such software. If there is a conflict between any Third Party Terms and the terms of this Terms, then the Third Party Terms shall prevail but solely in connection with the related third party open source software.
Term and Termination.
These Terms are effective until terminated by StreamElements or you. StreamElements, in its sole discretion, has the
right to terminate these Terms and/or your access to the Services, or any part thereof, immediately at any time and
with or without cause (including, without any limitation, for a breach of these Terms). StreamElements shall not be
liable to you or any third party for termination of the Services, or any part thereof. If you object to any term or
condition of these Terms, or any subsequent modifications thereto, or become dissatisfied with the Services in any
way, your only recourse is to immediately discontinue use of the Services. Upon termination of these Terms, you
shall cease all use of the Services. This Section 18 and Sections 8 (Intellectual Property Rights), 9.3 (License to
User Submissions), 12 (Privacy), 13 (Warranty Disclaimers), 14 (Limitation of Liability), 15 (Indemnity), and 19
(Independent Contractors) to 22 (General) shall survive termination of these Terms.
You and StreamElements are independent contractors. Nothing in these Terms creates a partnership, joint venture,
agency, or employment relationship between you and StreamElements. You must not under any circumstances make, or
undertake, any warranties, representations, commitments or obligations on behalf of StreamElements.
Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or
assigned by you but may be assigned by StreamElements without restriction or notification to you. Any prohibited
assignment shall be null and void.
Governing Law. StreamElements reserves the right to discontinue or modify any aspect of the Services at any time. These Terms and
the relationship between you and StreamElements shall be governed by and construed in accordance with the laws of
the State of Israel, without regard to its principles of conflict of laws. You agree to submit to the personal and
exclusive jurisdiction of the courts located in Tel-Aviv – Jaffa, Israel and waive any jurisdictional, venue, or
inconvenient forum objections to such courts, provided that StreamElements may seek injunctive relief in any court
of competent jurisdiction
These Terms shall constitute the entire agreement between you and StreamElements concerning the Services. If any
provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision
shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and
effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any
other term, and a party's failure to assert any right or provision under these Terms shall not constitute a waiver
of such right or provision. YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE
SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS
Last updated: July, 2018