StreamClash

Version 1.0

Last revised: 17-April-2025

Effective date: 23-July-2024

TERMS OF USE

StreamClash (“StreamClash,” ”we“ ,”us“, or ”our“ ) offers the StreamClash website (http://StreamClash.com) (the “Site”) and various other features and services—including but not limited to live, streaming media embedded within the Site (“Streaming Content”), as well as platforms, applications, content, functionality, products, and services in conjunction with the Site (collectively, the “Services”)—to enable a given user (“User,” “you,” or “your”) to create content and connect with other Users and creators of Streaming Content (“Streamers”) pursuant to these “Terms of Use.” The Services contain various forums, functionality, software, and other interactive features that allow you to create, upload, submit, publish, display, generate, transmit, or otherwise make available (“Publish”) User-created videos, clips, pictures, comments, stories, audio, text, interactions with Streamers, and other media (“User-Generated Content” or “UGC”). These Terms of Use govern, among other things, UGC of any kind or nature associated with the Services or StreamClash.

These Terms of Use are subject to change. To the extent required by applicable law, StreamClash will provide Users with reasonable advance notice of any material updates or modifications by any reasonable means of notification, provided that non-material changes, feature updates, or modifications made for legal reasons (as determined by StreamClash) will be deemed to be effective immediately and without notice. Changes shall be effective as of the “Last Updated” date listed above. Your continued use of the Services after such date constitutes your acceptance and agreement to such changes.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE BEGINNING TO USE THE SERVICES AS THEY SET FORTH A LEGALLY BINDING AGREEMENT BETWEEN YOU AND STREAMCLASH. BY USING THE SERVICES, YOU AFFIRM THAT YOU HAVE REACHED THE LEGAL AGE OF MAJORITY IN YOUR JURISDICTION AND STATE OF RESIDENCE AND UNDERSTAND, ACCEPT, AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MUST NOT USE THE SERVICES. IF YOU ARE UNDER THE LEGAL AGE OF MAJORITY (A “MINOR”) IN YOUR JURISDICTION OR STATE OF RESIDENCE, BEFORE USING THE SERVICES, YOUR PARENT OR LEGAL GUARDIAN (EACH A “GUARDIAN”) MUST READ AND CONSENT TO THESE TERMS OF USE. BY PERMITTING A MINOR TO USE THE SERVICES, A MINOR’S GUARDIAN BECOMES SUBJECT TO THESE TERMS OF USE AND AGREES TO BE RESPONSIBLE FOR THE MINOR’S ACTIVITIES ON THE SERVICES.

1. User Accounts; Access to Services.

  1. Creating an Account. To access certain elements and functionality of the Services, you will need to create a StreamClash account (“Account”). To create an Account, you will be asked to provide a unique username, your date of birth, and method of authenticating your Account, which may include a password and, depending on the Services accessed, other information like a verified email address, verified phone number, or government-issued photo identification. You agree that all information provided to StreamClash will be true, accurate, and up-to-date. StreamClash reserves the right to take steps to ensure that any information you provide to StreamClash in connection with your Account is accurate.
  2. Securing an Account. You are responsible for maintaining the confidentiality and security of any credentials used to access your Account (e.g., username and password). You must not share nor disclose such credentials to others (except for a Guardian in the case of a Minor User).
  3. User Names. User names cannot be used to impersonate others, promote spam or illegal activities, or violate any other section of these Terms of Use or StreamClash’s “Acceptable Use Policy” which is incorporated into these Terms of Use by reference and may be found at https://streamclash.com/acceptable-use-policy . You may not create, operate, or mass register accounts that are not legitimate and transparent as to their source and identity. User Names remain the property of StreamClash and may not be sold or exchanged for any form of compensation. You may be required to change your User Name at StreamClash’s discretion. If you believe someone is posing as you or your brand please contact StreamClash via support@streamclash.com.
  4. Account Responsibilities and Prohibitions. You understand, acknowledge, and agree that you will be responsible for any actions taken with or by your Account and on the Services using your access credentials, whether or not such actions have been authorized by you. You may only access the Services through your own Account. Selling your Account or your access credentials to another User is strictly prohibited. Similarly, purchasing another User’s Account or access credentials is strictly prohibited.
  5. Compromised Accounts. If you have reason to believe your Account has been compromised, is not secure, or has been subject to unauthorized use, you must notify StreamClash immediately by contacting StreamClash via support@streamclash.io. If another User asks for your password or any personal information, you should report them immediately by contacting StreamClash via support@streamclash.io.
  6. Suspension or Termination of an Account. If you violate any of these Terms of Use, including the Acceptable Use Policy (as described herein), StreamClash reserves the right, in its sole discretion, to terminate or suspend (i) you or your Account and (ii) your right to use and access the Services, including by suspending or terminating any alternate Account(s) you create or have created. Account suspension or termination may also involve the suspension or termination of access to any content you have acquired on the Services, including without limitation Clash Crowns and UGC. StreamClash may also terminate your Account if StreamClash determines, in its sole discretion, that you are a repeat infringer, as contemplated by the Digital Millennium Copyright Act (“DMCA”). A Guardian of a Minor User may request that StreamClash terminate their Account by contacting StreamClash. Termination of your Account terminates your rights under theseTerms of Use except for those rights that are explicitly designated as surviving termination.
  7. Notification and Appeal. If, pursuant to a violation of these Terms of Use or in response to law enforcement or other legal request, StreamClash (i) suspends or terminates your Account or access to the Services or (ii) removes Clash Crowns, UGC, or other content that you have on the Services, StreamClash may notify you and may provide you with an opportunity to request a review of StreamClash’s decision (“Appeal”). To begin the Appeal process, contact StreamClash via support@streamclash.io.
  8. Access to Services. StreamClash reserves the right, in its sole discretion, to change or suspend the Services (or any portion thereof) at any time and for any reason, including to comply with laws, to protect Users, or to protect StreamClash’s reputation, without notice to you unless required by law and without liability to Users.
  9. Feedback. Any feedback, comments, or suggestions you may provide regarding or relating to the Services is entirely voluntary, and we will be free to use such feedback, comments, or suggestions as we see fit and without any obligation to you.

2. Clash Crowns.

  1. Generally. “Clash Crowns” also referred to as “Crowns” and “CCs” is the official rewards token of the Services and can be used to engage in the production and consumption of Virtual Content on the Services. Clash Crowns are not a substitute for real currency, do not earn interest, and have no equivalent value in real currency. Clash Crowns cannot be redeemed for any fiat currency, and StreamClash is not obligated to exchange a User’s Clash Crowns for anything else of value.
  2. Limited License to Use Clash Crowns. Clash Crowns have no equivalent value in real currency. Except as specifically set forth herein, your acquisition or purchase of Clash Crowns only entitles you to receive a limited, non-transferable, revocable license to use Clash Crowns (i) in connection with the Services, (ii) for your personal entertainment only, and (iii) in the ways permitted by StreamClash under these Terms of Use. Your limited license to use Clash Crowns may end if (i) you violate these Terms of Use, (ii) your Account is suspended or terminated, or (iii) these Terms of Use or the Services are terminated.
  3. Acquisition and Use of Clash Crowns. Clash Crowns may be acquired on the Services in one of several ways. A User may acquire Clash Crowns by purchasing, winning, or otherwise receiving Clash Crowns via StreamClash or by other means that StreamClash may introduce. You may not use, acquire, or distribute Clash Crowns or Virtual Content except through the Services and except as expressly allowed by StreamClash under these Terms of Use. Any attempt to do so constitutes a violation of these Terms of Use, will render the transaction void, and may result in the immediate suspension or termination of your Account and your license to use Clash Crowns or Virtual Content. StreamClash does not recognize or take responsibility for third-party services that allow or claim to allow Users to sell, transfer, purchase, or otherwise use Clash Crowns or Virtual Content, and any such use by a User is a violation of these Terms of Use. Only Users who have reached the age of majority in their jurisdiction or state of residence may purchase or redeem Clash Crowns or engage in other real-money transactions on the Services.
  4. Clash Crowns Are Non-Refundable. Except as required by law, all payments for Clash Crowns are final and not refundable.
  5. Clash Crowns Are Subject to Change. StreamClash, in its sole discretion, may implement changes to Clash Crowns at any time. This may include limiting the number of Clash Crowns a User may acquire, changing the redemption value of Clash Crowns, or limiting the volume or frequency with which a User may redeem Clash Crowns. Except for the limited licenses granted to you under these Terms of Use, StreamClash has and retains all rights in and to Clash Crowns. This includes the right to modify, revoke, or terminate your license to use Clash Crowns without notice, payment, or liability to you. StreamClash makes no guarantees or warranties regarding Clash Crowns or their availability or value.
  6. Redemption of Clash Crowns. Subject to these Terms of Use, Users eighteen (18) years of age or older may request to redeem any number of Clash Crowns greater than 5,000 at the redemption value published on the Site (a “Redemption Request”). Users may be required to provide additional information, including personally identifiable information, in support of a Redemption Request. StreamClash may refuse any Redemption Request for any reason, including but not limited to the User’s failure to comply with the KYC and AML Policy in paragraph 18 of these Terms of Use. If StreamClash grants a Redemption Request, the number of Clash Crowns identified in the Redemption Request will be removed from the requesting User’s account and StreamClash will transfer to the User an amount equal to the redemption value published on the Site for each redeemed Clash Crown.

3. Virtual Content.

  1. Generally. As you use the Services, you may engage in the production and consumption of UGC and Streaming Content (collectively, “Virtual Content”) and earn Clash Crowns from StreamClash, Streamers, or other Users (Streamers and Users who have published UGC on the Site are, collectively, “Creators”). Such Virtual Content is solely for your personal entertainment and does not create any legally enforceable contract between (i) you and StreamClash or (ii) you and any Creator. Virtual Content has no real-world equivalent value, and you do not acquire any enforceable property rights in and to any Virtual Content based on any engagement on the Services. All Clash Crown transfers made in the context of such engagements are final and, unless otherwise permitted by StreamClash through its policies or practices, non-refundable and non-reversible.
  2. Removal of Virtual Content. StreamClash has the right, in its sole discretion, to suspend the availability of, or remove from the Services and your Account, any content (including without limitation Virtual Content and UGC) without advance notice. StreamClash shall not be liable to any User for any losses you may experience because of such suspension or removal, and StreamClash is not required to refund any Clash Crowns or other funds that a User has spent on any removed or suspended content, except when legally required.

4. User Generated Content (UGC) and Creator’s Responsibilities.

  1. General. The Services contain various forums, functionality, software, and other interactive features that allow you to create, upload, submit, publish, display, generate, transmit, or otherwise make available (“Publish”) UGC on the Services. Any UGC Published on the Services must comply with these Terms of Use, including the Acceptable Use Policy, and must not be illegal, fraudulent, deceptive, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious or objectionable to third parties, and must not consist of or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of spam.
  2. Creator Responsibility. Creator is responsible for Creator’s UGC and represents and warrants that (a) Creator is the creator and owner of such UGC or has the necessary rights and permissions to grant StreamClash the rights and license described in Section 4; (b) Creator’s UGC is not fraudulent or deceptive; (c) Creator’s UGC and the use of Creator’s UGC as described in these Terms of Use does not and will not (i) infringe, violate, or misappropriate any third-party right, (ii) slander, defame, libel, or invade the right of privacy, publicity, or other property rights of any other person, (iii) require StreamClash to get licenses from, pay compensation, or provide attribution to any third parties, (iv) result in a breach of contract between Creator and a third party, or (v) cause StreamClash to violate any law or regulation; and (c) Creator will comply with all applicable laws, rules, and regulations and these Terms of Use in Creator’s use of the Services and not infringe on the on the rights of or cause injury to any person or entity.
  3. Ownership of UGC. Subject to the rights and licenses Creator grants in these Terms of Use, as between Creator and StreamClash or Creator and Users, Creator retains all copyrights that Creator may hold in any UGC that Creator has ever created or will create (whether alone or with others) and Publishes or makes available on the Services (excluding any non-UGC StreamClash IP that may be contained therein). You understand that, in certain situations, your UGC may be copied by other Users of the Services and discussed on and outside of the Services. If you do not have the right to submit UGC for such use, Publishing such may subject you to liability. StreamClash takes no responsibility and assumes no liability for any UGC Published by you or any third party. StreamClash has the right but not the obligation to monitor, modify, or remove any UGC on its Services, and it may exercise these rights at any time, without notice or liability to you or any third party.
  4. Authorization to Publish UGC to Services. Creator must not Publish or otherwise make any UGC available on the Services if Creator is not the owner of or is not fully authorized to grant rights in all parts of that UGC. Without limiting Creator’s obligations under these Terms of Use, Creator agrees to pay all amounts owed to any person as a result of Creator Publishing or making UGC available on the Services.
  5. Suspension of UGC Availability. StreamClash may, in its sole discretion, suspend availability of or delete any UGC or other content on the Services at any time and for any period of time, including in perpetuity, without notice if such UGC or other content violates any laws or intellectual property rights or principles or any guidelines or policies associated with the Services or if StreamClash determines in its sole discretion that such UGC does or may cause harm to Users, the Services, or to StreamClash’s reputation. StreamClash is and shall be under no obligation of any kind to Creator for suspending any UGC in accordance with this section.
  6. Limitations on Use of UGC. Notwithstanding Creator’s ownership of UGC as set forth above and without limiting any other limitations set forth herein, Creator shall in no event use Creator’s UGC (in any medium or format, including on or off the Services) (a) in a manner that is offensive, defamatory, sexually explicit, or otherwise objectionable (as determined by StreamClash in its sole discretion); (b) in connection with false, defamatory, libelous, or slanderous statements concerning StreamClash, on anyone else, or otherwise in a manner intended or reasonably likely to disparage StreamClash or bring StreamClash into public disrepute; or (c) in a manner that is intended or reasonably likely to suggest or imply that Creator is affiliated with StreamClash or that StreamClash endorses Creator or its use of the applicable (d) in a manner that violates StreamClash’s “Acceptable Use Policy” which is incorporated into these Terms of Use by reference and may be found at https://streamclash.com/acceptable-use-policy. Any violation of the Acceptable Use Policy is considered a violation of these Terms of Use and may result in Account suspension or termination.
  7. Copyright Infringement / Digital Millennium Copyright Act (DMCA). StreamClash fosters creativity and respects the intellectual property rights of others, including Creators. Any copyright owner or an agent of a copyright or trademark owner (including other Creators who are owners or agents of a copyright or trademark owner) who believes that any content on the Services (including UGC) infringes upon its copyrights or trademarks may submit a notification to StreamClash pursuant to this Section and the DMCA. Under the appropriate circumstances, as discussed below, StreamClash may terminate the Accounts of Users (or Creators) who StreamClash determines, in its sole discretion, are repeat infringers as contemplated by the DMCA.
  8. Notice.

    We respect the intellectual property rights of others, and we ask you to do the same. If you are a copyright owner or an agent of a copyright owner and believe that any content on the Services infringes upon your copyrights, you may submit a notice pursuant to the DMCA by contacting our “Copyright Agent” by email atcopyright@streamclash.com. If a copyright owner is under the age of thirteen (13), a DMCA notice must be submitted by the User’s Guardian. Your notice must include the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed; (ii) a description of the copyright-protected work or other intellectual property right that you claim has been infringed; (iii) a description of the material that you claim is infringing and where it is located; (iv) your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the use of those materials is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

    You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid. See 17 U.S.C. § 512(c)(3) for further details. We may send a copy of your DMCA notice, including any contact information you provide, to the individual responsible for the reported content.

  9. Counter-Notice. If your content was removed or disabled as a result of a DMCA notice, and you believe that your content is not infringing or that you have the proper authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law to Publish and use the material in your content, you may send a counter-notice to our Copyright Agent by email at copyright@streamclash.com. Any counter-notice submitted on behalf of a User under the age of thirteen (13) must be submitted by such User’s Guardian. When our Copyright Agent receives a counter-notice, we may send a copy of the counter-notice, including any contact information you provide, to the original complaining party informing that party that we may, in ten (10) business days, replace the removed content or stop disabling it. Unless the copyright owner files an action seeking a court order against the provider of the content, the removed content may be replaced or access to it restored, in our sole discretion, within ten (10) to fourteen (14) business days or more after our receipt of the counter-notice.
  10. Trademark Infringement.

    If you are a trademark owner, or an agent of a trademark owner, and believe that any content on the Services infringes upon your trademark(s), please email a trademark infringement notice to our “Trademark Agent” at copyright@streamclash.com. When you contact us, please provide the following information in your notice: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the trademark; (ii) a description of the trademark right that you claim has been infringed; (iii) a description of the content that you claim is infringing and where it is located; (iv) your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the use of such content is not authorized by the trademark owner, its agent, or the law; and (vi) a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the trademark owner or authorized to act on the trademark owner’s behalf.

    Note that StreamClash is not in a position to mediate disputes between Users and the holders of trademark rights. However, we take intellectual property rights seriously, and, upon receipt of a valid trademark infringement notice, we will investigate and may remove content that engages in trademark infringement.

  11. Repeat Infringer Policy. StreamClash’s intellectual property policy is to (i) remove or disable access to content that StreamClash knows to be infringing on the intellectual property rights of third parties or that has been identified in a valid DMCA notice submitted by a valid copyright owner or their agent and, in appropriate circumstances, (ii) suspend the Accounts of and block access to the Services by any User who repeatedly or egregiously infringes the copyrights or other intellectual property rights of third parties.

5. Music on StreamClash.

The following applies to musical works written or otherwise owned by a Creator (and/or others with whom Creator has collaborated on such musical work) (“Musical Works”) that a Creator Publishes (or attempts to Publish) for use on the Services.

  1. Creator as Sole Composer. If a Creator is a sole composer and/or writer of a Musical Work that Creator Publishes on the Services and Creator is affiliated with a performing rights organization (“PRO”) that represents the Musical Work, then Creator must notify Creator’s PRO in writing of the royalty-free license that Creator grants to StreamClash through these Terms of Use. Creator is responsible for complying with Creator’s PRO’s reporting obligations.
  2. Creator as Non-Sole Composer. If Creator is not the sole composer and/or writer of a Musical Work that Creator Publishes on the Services, and Creator (and/or co-composers or co-writers) is affiliated with PRO that represents the Musical Work, Creator is responsible for ensuring that all co-composers and/or co-writers also notify their respective PROs in writing and Creator must have written proof of co-composers’ and/or co-writers’ approval to Publish and use the Musical Work on the Services.
  3. Assignment to Music Publisher. If Creator has assigned Creator’s rights in and to a Musical Work to a music publisher, then Creator must obtain that music publisher’s written consent or cooperation to grant the royalty-free licenses outlined in these Terms of Use.
  4. Record Label. If Creator is a recording artist under contract with a record label, then Creator is responsible for making sure that Creator’s use of the Services complies with the obligations that Creator has to Creator’s record label (for the avoidance of doubt, just because Creator wrote a Musical Work or performed a sound recording does not mean Creator has the right to let StreamClash use it).
  5. Sound Recordings. If Creator owns the rights in and to a sound recording but is not authorized to license the sound recording or the underlying Musical Work(s) embodied in those sound recordings, then Creator must not upload or otherwise make those sound recordings available on the Services.
  6. Representations & Warranties. If Creator uploads, synchronizes, or otherwise uses a sound recording and/or Musical Work, Creator represents and warrants that (i) Creator possesses all necessary rights needed to upload, synchronize, and otherwise use the sound recording(s) and/or the Musical Work(s) on the Services; (ii) Creator fully owns and administers the worldwide rights in/to the sound recording(s) and/or the Musical Work(s) uploaded on the Services; and (iii) that such sound recording(s) and/or Musical Work(s) are completely original and that the Publishing, upload, distribution, and use of such sound recording(s) and/or Musical Work(s) on the Services will not infringe upon the rights of any third party, including but not limited to trademark, copyright, or any other intellectual property rights (including, without limitation, a PRO, a record label, a music publisher, or a union or guild).
  7. Clearances; Payments. Creator is solely responsible for any necessary clearances and payments of any nature that may arise in connection with the use and synchronization of their original sound recording(s) and/or Musical Work(s) on the Services, including without limitation any and all distribution rights, mechanical rights, public performance rights, synchronization rights, and/or any other rights that may be claimed by a third party. Creator is also solely responsible for any union new use or re-use fees pursuant to the rules and regulations of any applicable union and/or guild agreements in connection with the Publishing, upload, distribution, synchronization, and other use of the sound recording(s) and/or Musical Works(s) on the Services.

6. Payments and Refunds.

  1. General. Only Users who have reached the age of majority in their jurisdiction or state of residence may engage in financial transactions on the Services, such as purchasing Clash Crowns, earning Clash Crowns from Creators (e.g., in the context of “Challenges” or “Bounties,” as described herein), or redeeming Clash Crowns with StreamClash.
  2. User Responsibilities. When purchasing Clash Crowns or earning Clash Crowns from Creators, you represent and warrant that you have the right to use your selected payment method and that your payment method has enough credit available to complete the applicable transaction. You further agree that any information you provide in connection with any financial transaction on the Services, including without limitation the provision of a selected payment method, shall be subject to the privacy policy as outlined by the applicable payment service provider for that financial transaction.
    1. If you believe someone has gained access to or used your Account, including your payment method, without permission, you must notify StreamClash as soon as possible. StreamClash reserves the right to suspend any Account with unauthorized charges or to restrict an Account’s ability to purchase Clash Crowns and/or earn Clash Crowns from Creators (see the following “Chargeback Policy”).
  3. Chargeback Policy. If you notice charges on your credit/debit card or another financial account that you did not authorize, please contact StreamClash before disputing any charges directly with your payment processor. Once a charge has been disputed with your payment processor, StreamClash cannot issue a refund due to prohibitions under the payment provider’s dispute process. StreamClash reserves the right to suspend any Account with unauthorized charges or to restrict an Account’s ability to purchase Clash Crowns and/or earn Clash Crowns from Creators.

7. Privacy.

  1. Your Data. Data that a Creator provides to StreamClash through the Services is subject to the Privacy Policy (which is incorporated by reference into these Terms of Use and which, by your use of the Services, you acknowledge that you have read).
  2. User Personal Information. If and to the extent a Creator receives any User personally identifiable information (“User PII”), Creator will not use User PII (i) to provide services to any third party; (ii) to build, help build, track, or supplement any segments, profiles, models, or similar records on any individual User, device, or browser across the Services or any third-party websites or platforms; (iii) to associate the behavior of any individual device or browser with any segment, profile, model, or similar record or supplement any such record based on data of Users; (iv) to associate any data of Users with any other personal information of the User; (v) to ingest into or otherwise use to train, calibrate, or adjust any algorithm, model, or the like; or (vi) for any unauthorized purpose in violation of any applicable law, including applicable privacy laws, or for any unauthorized purpose. Additionally, Creator shall be prohibited from selling, disclosing, sharing, renting, leasing, syndicating, modifying, reverse engineering, decompiling, lending, or otherwise altering any User PII.
  3. California Consumer Privacy Act. Neither StreamClash nor Creator shall knowingly sell any “personal information” (as that term is defined by the California Consumer Privacy Act of 2018, as amended) belonging to a User, and both StreamClash and Creator have taken and will continue to take all reasonable measures to protect such personal information under their control or in their possession from unauthorized access by third parties.

8. Intellectual Property (IP) and Licenses

  1. StreamClash IP. The interfaces, graphics, trademarks, design, information, artwork, data, code, products, software, and all other elements of the Services, including the rights therein and any derivatives thereof (“StreamClash Intellectual Property” or “StreamClash IP”), are protected by law and these Terms of Use. All StreamClash IP is the property of StreamClash and StreamClash’s licensors. StreamClash IP includes UGC licensed to StreamClash by Creators under these Terms of Use. Except as allowed in these Terms of Use, you may not use any StreamClash IP contained in the Services unless you obtain separate permission in each instance from the owner. StreamClash reserves all rights in and to the StreamClash IP not granted in these Terms of Use or elsewhere.
  2. License to the Services. Subject to your compliance with these Terms of Use, StreamClash grants you a non-exclusive, limited, revocable, non-transferable license to use the Services on devices that you own or control for your personal entertainment use, including (and solely in connection with the Services) the right to download and use software that StreamClash makes available for download as part of the Services, in object code form only. Upon termination of your Account and these Terms of Use, your license to download and use any StreamClash software is revoked.
  3. Restrictions of Use. In addition to any other restrictions set forth in these Terms of Use (including the Acceptable Use Policy), Users may not (i) lease, lend, sell, redistribute, or sublicense any part of the Services; (ii) copy, modify, distribute, publicly perform or display, reverse engineer, disassemble, modify, or create derivative works of the Services or related or implemented technology; (iii) circumvent any technological measure designed to protect the Services or any technology associated with the Services; (iv) reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any Services’ source code, in whole or in part (unless a portion of code contained within the Services is released as open source and the open source license governing such code expressly permits reverse engineering, copying or other modification); (v) use the Services to create malicious or abusive content (as determined by StreamClash in its sole discretion) or any content that violates these Terms of Use or other StreamClash guidelines or policies; or (vi) use the Services (or any part thereof or any technology contained therein) in any manner that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable laws.

    4. StreamClash Trademarks and Other StreamClash Content

  4. StreamClash Trademarks. Creators are prohibited from using a name, username, or handle consisting of or including “StreamClash,” “Clash,” or any name similar to “StreamClash” (to be determined in StreamClash’s sole discretion) in the production of any Virtual Content. Subject to the foregoing restriction, StreamClash hereby grants Creator a non-exclusive, personal, limited, revocable, non-transferable license to use StreamClash trademarks, whether registered or unregistered, solely for usewithin Creator’s Virtual Content on the Services, including in connection with the creation of Virtual Content (“StreamClash Trademark License”). All goodwill arising from any use by Creator of any StreamClash trademarks will inure solely to StreamClash. StreamClash reserves the right to terminate or modify the StreamClash Trademark License at any time and for any reason. Upon termination of your Account and these Terms of Use, your license to use any StreamClash Trademarks is revoked.
  5. Other StreamClash Content. StreamClash, at its sole discretion, may create, develop, and make available on and through the Services other content that is not UGC (“Other StreamClash Content”). Subject to Creator’s compliance with these Terms of Use, StreamClash grants a given Creator a non-exclusive, limited, revocable, non-transferable license to use such Other StreamClash Content solely on the Services and in connection with Creator’s UGC (“Other Content License”). Creator will not be entitled to any payment or compensation for Creator’s use of Other StreamClash Content (including any modifications or enhancements thereto). Upon termination of your Account and these Terms of Use, your license to use any Other StreamClash Content is revoked.
  6. StreamClash License to UGC. Except as otherwise described in the Privacy Policy or elsewhere, you agree that any UGC you Publish will be considered non-confidential and non-proprietary. In consideration for the use of the Services and Creator’s potential to earn Clash Crowns, Creator grants StreamClash a perpetual, worldwide, irrevocable, non-exclusive, royalty-free right and license (with the right to sublicense to any person or entity, including without limitation other Users and Creators) to host, store, transfer, translate, run, localize, publish, publicly display, publicly perform (including by means of digital audio transmissions and on a through-to-the-audience basis), reproduce (including in timed synchronization to visual images), modify, adapt, create derivative works of, enhance, distribute, and use for any business purpose related to the Services throughout the world (including, but not limited to, the operating, providing, improving, or publicizing of the Services or StreamClash) any UGC, in whole or in part (including any incorporated or associated trademarks and underlying source code), that Creator Publishes or makes available via the Services. However, Streamclash will only share personal information that you provided in accordance with the Privacy Policy and in compliance with applicable laws.

    Creator also agrees to make its UGC available in any media or channel of distribution now known or hereafter developed in connection with the publicity and marketing of the Services or StreamClash as permitted herein, even if Creator has exercised a right to be forgotten under the GDPR or equivalent right under other privacy laws (all the foregoing paragraphs in this section collectively, the “UGC License”).

    StreamClash’s right to market and advertise the Services or StreamClash using Creator’s UGC (“Ancillary Use”) will not include using such UGC in marketing and advertising that is focused solely on promoting Creator’s UGC (as reasonably determined by StreamClash) as part of the Services without Creator’s approval, but StreamClash can generally reference, as determined by StreamClash in its sole discretion,Creator’s UGC with other UGC or material (and without Creator’s approval) to promote, market, or advertise the Services or StreamClash. StreamClash may also use Creator’s UGC for non-commercial and educational uses to promote the Services (StreamClash will reasonably determine whether a use is non-commercial or educational). Other than the potential to earn Clash Crowns, StreamClash is not required to give Creator any attribution or compensation for any reason, nor is StreamClash required to use the license Creator grants in this section or exploit any of the rights granted herein.

    Creator retains the right to delete or update any or all of its Virtual Content at any time and at Creator’s discretion (and Creator will delete or update such content if required by law), provided that, regardless of any such update or deletion having occurred, and regardless of any termination of these Terms of Use or termination or suspension of Creator’s Account, (i) Virtual Content created by Creator that was validly purchased or otherwise validly obtained by a User may continue to be accessed and used by such User indefinitely in accordance with and subject to the terms and policies of the Services, and (ii) StreamClash’s right to use any UGC or other content that is already in use by StreamClash pursuant to a license or otherwise in accordance with these Terms of Use or already in use by StreamClash as part of an Ancillary Use shall continue in perpetuity.

    In addition to StreamClash’s right to grant sublicenses for Creator’s UGC, Creator, when publishing certain UGC onto the Service, may be asked if Creator would like to share such UGC directly with other Users. Creator is not required to do so, but, if Creator does agree to grant this right, then other Users may use Creator’s UGC to create their own Virtual Content and other UGC on the Services without any further obligation to Creator.

    Where Creator’s Virtual Content is sold or otherwise provided to a User, Creator agrees that, pursuant to the rights granted to StreamClash herein and regardless of whether the Virtual Content was sold or provided by Creator to the User, StreamClash may allow the User to continue to access and use such Virtual Content indefinitely (in accordance with and subject to these Terms of Use), even if the Virtual Content is no longer otherwise accessible on the Services.

    StreamClash’s rights under this UGC License shall expressly survive if Creator’s Account is terminated for any reason.

  7. Through-to-the-Audience Rights. The rights Creator grants in these Terms of Use are provided on a through-to-the-audience basis, meaning the owners or operators of third-party services will not have separate liability to Creator or anyone else for UGC that Creator has made available on the Services or used on Third-Party Services via StreamClash’s Services.

9. Online Safety.

StreamClash cares about the safety of its Users. If you see any content or materials on the Services that appears to recruit, entice, advertise, or solicit any person to perform a sexual, violent, or illegal act, please contact StreamClash to immediately report the User and situation.

  1. Acceptable Use Policy. StreamClash’s Acceptable Use Policy outlines how Users should behave on the Services and what conduct is and isn’t allowed on the Services. The Acceptable Use Policy, which is incorporated into these Terms of Use by reference, may be found at https://streamclash.com/acceptable-use-policy. Any violation of the Acceptable Use Policy is considered a violation of these Terms of Use and may result in Account suspension or termination.
  2. Parental Controls. The StreamClash Community is made up of Users of all ages. We work hard to create a safe and fun environment for all. To help foster this community, we provide Users and their Guardians with numerous safety features and controls. Please contact StreamClash for more information.

10.Third-Party Services.

  1. Third-Party Services. Some parts of the Services may include or make available content, tools, or other materials from third parties (people or companies other than StreamClash) (“ Third-Party Services ”). Depending on a User’s age, this could include links to other websites, features that let Users link their Accounts to other accounts (e.g., Facebook), or third-party buttons (e.g., “like” or “share”). As described in this section, StreamClash neither controls nor takes responsibility for any Third-Party Services, including without limitation how a third party may collect, use, or store User information. You understand that your use of the Services and, by extension, Third-Party Services, may subject you to fees, terms, and/or policies, such as a privacy policy, that are not controlled by StreamClash. By your use of the Services and integrated Third-Party Services, you agree to pay any fees and to follow any terms, conditions, and policies presented by those Third-Party Services.
  2. Disclaimer. You understand that by using the Services, you may come across Third-Party Services that (i) may be considered offensive or objectionable; (ii) may or may not be identified as having explicit language; (iii) may contain links or references to objectionable material; (iv) may contain infringing content; (v) may not function properly or as intended; (vi) may contain viruses, malware, or other harmful code; or (vii) may not be available in all countries or languages. You agree to use the Services at your own risk, and User acknowledges and agrees that StreamClash is not responsible for examining or evaluating the content, accuracy, completeness, availability, timeliness, validity, copyright, compliance, legality, decency, quality or any other aspect of such Third-Party Services. StreamClash does not warrant or endorse any Third-Party Services. You further agree that StreamClash will not have any responsibility or liability to you in connection with such Third-Party Services, including any losses you may sustain as a result of using such Third-Party Services.

11. Dispute Resolution (Between Users and Creators or Between Creators).

If a User has an issue with any Creator UGC (including Virtual Content), Users should first contact the Creator of the UGC directly to resolve the issue. While StreamClash is not responsible for the resolution of issues between Users and Creators or between Creators, StreamClash wants to make sure that everyone enjoys the Services. Accordingly, StreamClash has the right (but not the obligation) to intervene in issues between Users and Creators or between Creators to try to help resolve them. Before escalating any such issues to StreamClash, Users should first make a real, genuine effort to work out a resolution with the Creator. If such attempt is unsuccessful, User may escalate the issue to StreamClash. If StreamClash chooses to intervene or take action in any dispute between a User and Creator or between Creators, User and Creator agree that StreamClash’s decision (which may include deducting Clash Crowns from the Creator and crediting Clash Crowns to the User) is final, and Creator and User will accept that decision. Users and Creators agree to work with StreamClash in a timely manner to resolve all such issues, and failure to do so shall be a violation of these Terms of Use.

12. Dispute Resolution (Between User and StreamClash); Arbitration Agreement; Class Action Waiver.

Except as otherwise permitted in these Terms of Use, you agree that any dispute, claim, or controversy you may have with StreamClash arising under or relating in any way to these Terms of Use or the Services (“Dispute”) will be governed and resolved through the Mandatory Informal Dispute Resolution (“MIDR”) process below.

FOR UNITED STATES RESIDENTS ONLY: If the MIDR process has been completed but the Dispute remains unresolved, you agree that such Dispute will be determined through binding arbitration (as outlined below) and not through litigation. This agreement applies regardless of the legal theories involved in the Dispute and regardless of whether the Dispute is with StreamClash, its subsidiaries, affiliates, or parent company, or any suppliers or service providers involved with the Services, or their officers, directors, employees, agents, or successors. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE GIVING UP THE RIGHT TO FILE A LAWSUIT IN COURT BEFORE A JUDGE OR JURY, INCLUDING IN A CLASS ACTION, FOR ANY DISPUTES SUBJECT TO THE ARBITRATION PROVISION BELOW.

  1. Mandatory Informal Dispute Resolution. We hope there’s never a Dispute between us. But if there is, we both recognize and agree that good faith, informal efforts to resolve Disputes often result in prompt, low-cost, and mutually beneficial outcomes. Therefore, we each agree that—before either of us may commence an arbitration or assert any claim in court, except as outlined below—we will engage in the following MIDR process:
  2. Notice. To initiate the MIDR process, the party with a Dispute must first give written notice to the other party.
  3. To notify StreamClash: you must send written notice to StreamClash at 680 S. Cache Street, Suite 100-8790, Jackson, WY 83001 by certified U.S. Mail or by Federal Express (or international equivalent) providing (a) the User’s full name, StreamClash username, and any email or billing address associated with the User’s Account; (b) the name and contact information of the User’s counsel, if User is represented by counsel; (c) a brief description of the User’s Dispute and the resolution requested; and (d) the ticket or case number provided by StreamClash Support to track previous attempts to resolve the Dispute, if there is one.
  4. To notify a User: StreamClash will send a written notice to the email address or billing address that the User provided to StreamClash (or, if none is provided, through the messaging system on the StreamClash Site); such notice will include (i) the name and contact information of StreamClash’s counsel and (ii) a brief description of StreamClash’s Dispute and the resolution requested.
  5. ​Process. Both parties will then engage in the MIDR process. The MIDR process requires conferring in writing—or, if requested by either party, via teleconference or videoconference—in a good faith effort to informally resolve the Dispute. If either party is represented by counsel, that counsel may participate.
  6. Confidentiality. All offers, promises, conduct, and statements made in the course of the MIDR process by any party, its agents, employees, and attorneys are confidential and not admissible for any purpose in any subsequent proceeding, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the MIDR process.
  7. Timing. The MIDR process shall occur within sixty (60) days of receipt of the written notice described above, unless an extension is mutually agreed upon by the parties. However, if a party is seeking injunctive relief on an emergency basis (for example, a preliminary injunction or temporary restraining order), the MIDR process with respect to that relief shall occur within three (3) business days of receipt of the written notice described above, unless an extension is mutually agreed upon by the parties. Any statute of limitations will be tolled while the parties engage in the informal dispute resolution process described in this section.
  8. MIDR Is a Mandatory Prerequisite to Arbitration. If, after participating in the MIDR process, we have been unable to resolve the Dispute, either party may commence an arbitration (or litigation, if the claim falls within an exception to the Arbitration Agreement). However, if we have not engaged in the MIDR process as set forth in this section, the Dispute may not be submitted to arbitration, nor may a claim be filed in court, until the MIDR process occurs. User and StreamClash understand and agree that any Dispute that has not first been subject to MIDR (i) shall not be accepted by the arbitration provider, and shall be deemedfrivolous under Federal Rule of Civil Procedure 11(b)—further, the arbitrator may allocate any arbitration fees and/or costs to any party that files a frivolous claim in violation of this section; and (ii) shall be subject to dismissal if asserted in court.
  9. Exceptions. If a Dispute involves a claim that asserts infringement of patent, copyright, trademark, or trade secret rights, the User and StreamClash are not required to participate in the MIDR process set forth in this section.
  10. Arbitration Agreement. THE FOLLOWING APPLIES TO UNITED STATES USERS ONLY: If there is a Dispute between us, and we’re unable to resolve it through the MIDR process described above, this subsection explains in detail the process for resolving that Dispute. Please read this section carefully; it’s important.
  11. ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. EXCEPT AS OTHERWISE PROVIDED IN THESE TERMS OF USE, USER AND STREAMCLASH AGREE THAT ANY DISPUTE THAT CANNOT BE RESOLVED THROUGH MIDR WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AS SET FORTH HEREIN, RATHER THAN IN COURT. USER AND STREAMCLASH THEREBY AGREE TO WAIVE ANY RIGHT TO A JURY TRIAL AND AGREE THAT USER AND STREAMCLASH MAY BRING CLAIMS AGAINST EACH OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR CLASS ARBITRATION.

    12. This arbitration agreement and class action waiver (“Arbitration Agreement”) applies to all Users who are United States residents and, except as provided below, to all Disputes, regardless of (a) the legal theories involved in the Dispute, (b) when the Dispute arose, and (c) whether the Dispute is with StreamClash, with StreamClash’s subsidiaries, affiliates, or parent company, or with any suppliers or service providers involved with the Services (including any officers, directors, employees, agents, or successors).

  12. Federal Arbitration Act; Interpretation; and Enforcement. This Arbitration Agreement is governed by the Federal Arbitration Act (9 U.S.C. § 1 et seq.) (“FAA”), including its procedural provisions, in all respects. This means that the FAA governs, among other things, the interpretation and enforcement of this Arbitration Agreement and all of its provisions, including, without limitation, the class action waiver. State arbitration laws do not govern in any respect. Further, User and StreamClash each agree that these Terms of Use evidence a transaction involving interstate commerce and will be governed by and construed in accordance with federal law to the fullest extent possible.
  13. Arbitration Generally; Relief Available. There is no judge or jury in arbitration, and court review of an arbitration award is limited pursuant to the FAA. However, an arbitrator can award, on an individual basis, the same damages and relief as acourt (including injunctive and declaratory relief and statutory damages) and must follow these Terms of Use as a court would. For the avoidance of doubt, the arbitrator can award public injunctive relief if authorized by law and warranted by the individual claim(s).
  14. Arbitration Proceedings and Rules. Arbitrations will be administered by FedArb in accordance with FedArb’s Expedited Arbitration Rules and (if applicable) Framework for Mass Arbitration Proceedings ADR-MDL, except as modified by these Terms of Use. In particular, the Framework for Mass Arbitration Proceedings ADR-MDL shall apply if five or more demands for arbitration are filed that share common factual or legal issues, and if counsel for the parties submitting those demands are the same or coordinated. Users can find more information at www.fedarb.com or by calling 1-650-328-9500. Unless required by law, or unless the parties mutually agree otherwise in writing, any arbitration hearing—including oral arguments—will be conducted through video conferencing. If the arbitration hearing is conducted in person, it will take place in Teton County, Wyoming, if that is a convenient location for the User, or the county or parish where the User resides.

    15. At the conclusion of the arbitration, the arbitrator will issue a written decision explaining the findings and conclusions upon which the arbitrator’s decision is based. Unless applicable law provides otherwise, the arbitration proceeding and all records pertaining to it—including but not limited to any documents prepared or produced in connection with the arbitration proceeding, as well as the hearing, the decision, and the arbitration award—will be confidential and will not be disclosed to any third party, except as necessary to obtain court confirmation of the arbitration award.

  15. Commencing an Arbitration. A party who has complied with the MIDR process described above and who wishes to start arbitration must submit a demand for arbitration and a copy of these Terms of Use to FedArb athttps://www.fedarb.com/arbitration-submission-forms/.
  16. Fees and Costs. If you commence an arbitration in accordance with these Terms of Use and Arbitration Agreement, you will be required to pay the first $50 of FedArb’s filing fee. Except as otherwise set forth in this section, you will not be responsible for paying any other fees for the arbitration other than the filing fee; all other fees or expenses charged by FedArb will be paid by StreamClash. Further, if FedArb determines that you are unable to pay any part of the filing fee, StreamClash will pay that part too. Users are otherwise responsible for their own costs and attorneys’ fees; StreamClash will not pay such costs or attorneys’ fees unless ordered to do so by the arbitrator.

    17. If the arbitrator finds that either the substance of the claim or the relief sought is frivolous or brought for an improper purpose, the parties agree that the arbitrator may order the losing party to reimburse the prevailing party for all arbitrationfees—as well as reasonable attorneys’ fees and costs. Further, in cases where a statute authorizes the award of attorneys’ fees or costs to the prevailing party, the arbitrator may award attorneys’ fees or costs pursuant to that statute.

    The parties agree that FedArb has discretion to modify the amount or timing of any fees due under any applicable rules or fee schedules, and further agree not to oppose any modifications to the timing or amount of any fees due—provided that such modifications do not increase the fees to either party.

  17. ​Delegation; Interpretation. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to the extent permitted by law to resolve all Disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms of Use, including, but not limited to, any claim that all or any part of these Terms of Use is void or voidable; however, in the event of a Dispute about which particular version of these Terms of Use you agreed to, a court will decide that specific question prior to the commencement of the arbitration. This Arbitration Agreement is intended to be broadly interpreted and will survive termination of these Terms of Use.
  18. Severability. If any provision of this Arbitration Agreement is found unenforceable, that provision will be severed, and the balance of the Arbitration Agreement will remain in full force and effect. If a court decides that applicable law precludes enforcement of this Arbitration Agreement as to any particular claim, then that claim must be severed from the arbitration, while the remaining claims will still be resolved through binding arbitration.
  19. ​Opting Out. You may opt out of the Arbitration Agreement entirely and litigate any Dispute with us by sending written notice to StreamClash within thirty (30) days of signing up for the Services for the first time. Thereafter, you may only opt out of material changes to the Arbitration Agreement by sending written notice within thirty (30) days after StreamClash provides notice of those changes (unless a longer period is required by applicable law). In either case, to opt out, a User must send a written notice entitled “Arbitration Opt-Out Notice” to StreamClash at 680 S. Cache Street, Suite 100-8790, Jackson, WY 83001 by certified U.S. Mail or by Federal Express (or international equivalent). To be valid, the opt-out notice must be sent to StreamClash from the User who wants to opt out (or that User’s guardian) and include (a) the User’s full name, StreamClash username, and email address, (b) a clear statement that the User wants to opt out of the Arbitration Agreement, or wants to opt out of a material change to the Arbitration Agreement, as applicable, and (c) the User’s signature (or the signature of the User’s guardian, if the User is a Minor). If opting out of a material change, the notice must also identify the particular material change to which the User wants to opt out. An opt-out notice applies only to the Arbitration Agreement; all other parts of these Terms of Use will still apply to the User and StreamClash. Further, an opt-out notice does not revoke or otherwise affect any previous agreement to the Arbitration Agreement. By opting out of a material change to the ArbitrationAgreement, you agree to arbitrate any Dispute in accordance with the language of the last version of the Arbitration Agreement that you accepted.
  20. Exceptions. The Arbitration Agreement shall be subject to the following exceptions: (i) Users and StreamClash retain the right to participate in class-wide settlement of claims; (ii) the Arbitration Agreement does not apply to Users who are not residents of the United States, or to Users who properly opt out of the entire Arbitration Agreement within thirty (30) days of signing up for the Services for the first time; (iii) if a Dispute is within the jurisdiction of small-claims court, either the User or StreamClash may (after engaging in the MIDR process) choose to take the Dispute to small claims court in the User’s county of residence, or in the Circuit Court of Wyoming, Teton County; and (iv) if a Dispute involves a claim that asserts infringement of patent, copyright, trademark, or trade secret rights, either the User or StreamClash may assert the claim in federal or state court, as set forth below.
  21. Timing for Raising Disputes. USER AND STREAMCLASH AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ARISES OR IT IS PERMANENTLY BARRED.

13. Governing Law, Jurisdiction, and Venue.

  1. Except as otherwise provided herein, these Terms of Use are governed by the laws of the State of Wyoming without regard to conflict of law principles.
  2. Except for small claims court actions, any Dispute that is not subject to the Arbitration Agreement as outlined above (including if the Arbitration Agreement is for any reason held to be unenforceable) may only be litigated in the federal or state courts with jurisdiction over Teton County, Wyoming, and User and StreamClash consent to jurisdiction in those courts for such purposes, except as otherwise provided by the European Union’s General Data Protection Regulation.

14. Disclaimers; No Warranties.

  1. UGC Disclaimer. Except as may be required by applicable law, StreamClash is not liable for, nor is StreamClash obligated to screen, approve, edit, or control any UGC that Users, Creators, or others Publish or otherwise make available on the Services. StreamClash may, however, at any time, without notice, and without any obligation to User, remove, edit, block, or suspend the availability of any UGC that StreamClash thinks violates these Terms of Use or is otherwise objectionable. User understands that when using the Services, User will see UGC from a variety of sources and understands that UGC could be inaccurate, offensive, or objectionable. User agrees to waive, and does waive, any legal or equitable right or remedy that User has or may have against StreamClash regarding UGC. If notified by a User or content owner that UGC allegedlyviolates these Terms of Use, StreamClash may investigate and decide whether to remove the UGC (which StreamClash can do at any time, without notice).
  2. As Is. THE SERVICES AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICES ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, STREAMCLASH AND STREAMCLASH’S OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AFFILIATES, INVESTORS, BUSINESS PARTNERS, SUBSIDIARIES AND AGENTS (COLLECTIVELY, THE “AFFILIATED PARTIES”) DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICES AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICES, INCLUDING (i) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (ii) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. THE AFFILIATED PARTIES DO NOT WARRANT THAT THE SERVICES OR ANY PART OF THE SERVICES, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY TRANSLATIONS OF CONTENT, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.
  3. No Responsibility. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM STREAMCLASH OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICES WILL CREATE ANY WARRANTY REGARDING ANY OF THE AFFILIATED PARTIES OR STREAMCLASH THAT IS NOT EXPRESSLY STATED IN THESE TERMS OF USE. USER ASSUMES ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM USER’S USE OF OR ACCESS TO THE SERVICES, USER’S DEALING WITH ANY OTHER USERS ON THE SERVICES, AND ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICES. THESE LIMITATIONS APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

15. Limitations of Liability.

BY AGREEING TO THESE TERMS OF USE AND IN CONSIDERATION FOR BEING PERMITTED TO USE THE SERVICES, YOU, ON BEHALF OF YOURSELF, YOUR HEIRS, PERSONAL REPRESENTATIVES, AND ASSIGNS HEREBY EXPRESSLY RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE OR INVOKE ARBITRATION AGAINST STREAMCLASH OR ITS AFFILIATED PARTIES FOR ANY LOSS, DAMAGE, OR INJURY, INCLUDING DEATH, THAT YOU MAY SUSTAIN IN PARTICPATING IN ANY CHALLENGE OR BOUNTY WHETHER SUCH LOSS IS THE RESULT OF NEGLIGENCE BY STREAMCLASH OR ITS AFFILIATED PARTIES AND REGARDLESS OF WHETHER SUCH LIABILITY ARISES IN TORT, CONTRACT,STRICT LIABILITY, OR OTHERWISE. YOU FURTHER AGREE THAT THIS RELEASE SHALL EXTEND TO ALL CLAIMS THAT MAY EXIST, WHETHER OR NOT YOU KNOW OR SUSPECT THEY MAY EXIST, WHETHER OR NOT YOU KNOW OR SUSPECT THE EXISTENCE OF THOSE CLAIMS, AND YOU EXPRESSLY WAIVE (ON BEHALF OF YOU AND YOUR HEIRS, PERSONAL REPRESENTATIVES AND ASSIGNS) YOUR RIGHTS UNDER CALIFORNIA CIVIL CODE SECTION 1542 OR OTHER SIMILAR STATE CODE WHICH PROVIDES THE SAME OR SIMILAR LANGUAGE AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

YOU ACKNOWLEDGE THAT PARTICIPATING IN CHALLENGES AND BOUNTIES IS VOLUNTARY AND YOU ASSUME FULL RESPONSIBILITY FOR YOUR ACTIONS IN FULFILLING ANY CHALLENGE OR PARTICIPATING IN ANY BOUNTY IN WHICH YOU CHOOSE TO PARTICIPATE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL STREAMCLASH AND THE AFFILIATED PARTIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO USER’S ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICES OR ANY MATERIALS OR CONTENT ON THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT STREAMCLASH HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT THE AGGREGATE LIABILITY OF STREAMCLASH AND THE AFFILIATED PARTIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PART OF THE SERVICES OR OTHERWISE UNDER THESE TERMS OF USE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO $1,000.00 USD (EXCEPT AS OTHERWISE SET FORTH IN THESE TERMS OF USE).

16. Indemnification.

You agree that you will be responsible for your use of the Services, and you further agree to defend and indemnify StreamClash and the Affiliated Parties from and against every claim, liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or in any way connected with (i) your access to, use of, or alleged use of the Services; (ii) your violation of any part of these Terms of Use, any representation, warranty, or agreement referenced in these Terms of Use, or any applicable law or regulation; (iii) your actual or alleged violation of any third-party right, including any intellectual property right, publicity or privacy right, property right, or confidentiality obligation; or (iv) any Dispute or issue between you and any third party. StreamClash reserves the right, at StreamClash’s own cost, to take on the exclusive defense and control of any matter subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with StreamClash’s defense of that claim.

In other words, and without limiting the scope of the above paragraph, You agree that if anyone brings a claim, cause of action, or dispute against StreamClash and/or the Affiliates related to your use of the Services, your UGC, or your name or logo, products or services, or your actions in connection with the Services you will indemnify and hold StreamClash and the Affiliates harmless from and defend against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to any such claim, cause of action, or dispute.

17. Know Your Client (“KYC”) and Anti-Money Laundering (“AML”) Policy.

Although StreamClash is not a financial or gambling platform, StreamClash is committed to going above and beyond by implementing effective KYC and AML procedures to verify the identity of its Users. StreamClash has implemented the policies below to ensure compliance with all applicable identity-verification regulations (“ID Verification Policy”). All Users agree to provide all information required by the ID Verification Policy to StreamClash and consent to StreamClash submitting said information to a third-party for identity verification. The ID Verification Policy applies to all Users who (i) Redeem 50,000 (equivalent of $500 in redemption value) or more Clash Crowns in a single transaction; or (ii) Purchase 50,000 (equivalent of $500 in redemption value) or more Clash Crowns in a day; or (iii) Redeem 250,000 (equivalent of $2,500 in redemption value) or more Clash Crowns within a calendar quarter or 3 months. StreamClash reserves the right, at StreamClash’s sole expense, to (i) conduct background checks on such Users, (ii) maintain related files and information on such Users, and (iii) train StreamClash employees on proper KYC and AML protocols, including the retaining of a Chief Compliance Officer (“CCO”) that is responsible for coordinating the development and implementation of the KYC and AML policies.

  1. Information. If the ID Verification Policy applies to a User’s request to purchase or redeem Clash Crowns, the User must provide the following information to StreamClash before the transaction may be completed:
    1. ​User’s full legal name;
    2. User’s address;
    3. User’s date of birth; and
    4. A government-issued unique identification number issued to User (Social Security Number or drivers’ license number).In providing the foregoing information to StreamClash, User represents and warrants that all such information is true and correct.
  2. Plaid. StreamClash uses the third-party identity verification service Plaid (www.Plaid.com) to verify Users for KYC and AML purposes. All Users of the Services consent to allowing StreamClash to provide Plaid with the foregoing identity information for the purposes of verifying the User’s identity. Users also consent to StreamClash storing and maintaining such identification information and User transaction history.

    Transactions that are subject to the ID Verification Policy will not be processed unless and until StreamClash receives a response from Plaid that there are no suspicious circumstances or identity issues with respect to the User or the transaction. In the event that StreamClash is notified or otherwise made aware of suspicious circumstances that may affect StreamClash’s KYC or AML obligations, StreamClash will refer the matter to the appropriate law enforcement agency for further guidance or action.

18. Notice to California Residents.

  1. Complaints. If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, CA 95834, or by phone at (800) 952-5210 in order to resolve complaints regarding the Services or to get more information regarding your use of the Services.
  2. Minors. If you are a California resident under the age of 18, you may request that StreamClash remove certain personal content that you have publicly posted to the Services, and StreamClash will comply with such request to the extent permitted and/or required by law. Such content may include personal information but does not include (i) anonymized information or (ii) UGC that you have uploaded to the Services (as you have received consideration for providing it). To make such a request, please contact StreamClash. The request must include your username and a specific description of the content that you want removed so that StreamClash can find it. StreamClash will not accept requests via postal mail, phone, or fax and may not be able to respond if you provide incomplete information. A request does not guarantee that the information you posted will be completely removed, and there may be circumstances in which the law does not require or allow removal, even if you make such a request.

19. Miscellaneous Terms.

  1. General. These Terms of Use make up the entire agreement between you and StreamClash regarding the Services and your use thereof. You may not assign these Terms of Use or any of your rights hereunder by operation of law or otherwise without StreamClash’s prior written consent. StreamClash may assign these Terms of Use at any time to anyone without notice or consent. This agreement is binding on and inures to the benefit of StreamClash’s and your respective successors and assigns. If any part of theseTerms of Use is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible (or, if it cannot legally be given any effect, will be severed from these Terms of Use), and the remaining parts will remain in full force and effect. Nothing in these Terms of Use will be deemed to confer any rights or benefits on a third party except as otherwise provided herein.
  2. Termination; Survival. In the event of termination of these Terms of Use, the rights and duties of StreamClash and User to each other will terminate except that any part of these Terms of Use, which by their nature should survive termination, will survive, including Sections 7–19.
  3. Waiver. No waiver of any part of these Terms of Use by either User or StreamClash shall be deemed a continuing or further waiver of any such part or any other part of these Terms of Use, and StreamClash’s or User’s failure to assert any rights or part of these Terms of Use shall not be deemed or otherwise constitute a waiver of such right or part.
  4. Interpretation. The section headers in these Terms of Use are for convenience and will not impact the interpretation of these Terms of Use. In all cases where StreamClash is allowed to make a decision under these Terms of Use, that decision is completely up to StreamClash, in its sole discretion. These Terms of Use are subject to applicable law, meaning that they apply except to the extent otherwise prohibited or required by applicable law. Unless the context dictates otherwise, whenever the word “including,” or similar is found in these Terms of Use, it means “including, without limitation” and whenever the word “or,” is found in these Terms of Use, it means “and/or.”
  5. Compliance with Laws. When using the Services, you agree to comply with all applicable laws. User will not directly or indirectly export, re-export, or transfer the Services to prohibited countries or individuals (or allow either to use the Services). User hereby represents and warrants that (i) User is not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country; and (ii) User is not listed on any U.S. government list of prohibited or restricted parties.
  6. Consent to Online Communications. By using the Services, you agree to receive certain electronic communications from StreamClash as described in the Privacy Policy. You further agree that any notices, agreements, disclosures, or other messages that StreamClash sends to you by electronic means shall satisfy any legal requirements that such communications be in writing. To the extent permitted by applicable law, you agree that any time you electronically transact, agree, or consent via the Services, it is intended to be an electronic signature which binds you as if you had signed on paper.
  7. No Third-party Beneficiaries. These Terms do not confer any third-party beneficiary rights. All of StreamClash’s rights and obligations under these Terms are freely assignable by StreamClash in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
  8. Investigations; Cooperation with Law Enforcement. StreamClash reserves the right to investigate and prosecute any suspected or actual violations of these Terms. StreamClash may disclose any information as necessary or appropriate to satisfy any law, regulation, legal process, or government request.
  9. Prevailing Language. To the extent any of these Terms of Use are made available in multiple languages, in case of any discrepancies or conflicts between the English version of the Terms of Use and any other language version, the English version will govern and prevail.

20. Contact Information.

The Services are offered by StreamClash located at 680 S. Cache Street, Suite 100-8790, Jackson, WY 83001. You can contact StreamClash by mailing any messages to that address or by emailing StreamClash at support@streamclash.com. If you are a California resident, you may have these Terms of Use emailed to you by sending a request, including your email address, to the address above.

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