Date of Last Revision: 29 march 2017
1) Introduction – Your Agreement to these Terms of Service
In order to access certain features of the Service, you will need to create an account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify us immediately of any breach of security or unauthorized use of your account. You are prohibited from registering for an account in the Service where prohibited by law. In addition, the Service is intended solely for users who are thirteen (13) years of age or older. Any registration by anyone under 13 is unauthorized, unlicensed and in violation of this Agreement. By registering for the Service Site, you represent and warrant that you are 13 or older and that you agree to and to abide by all of the terms and conditions of this Agreement.
LetsWatch may permit you to register for and log onto the LetsWatch Service via certain third party social networks, such as by using Facebook Connect. If you log in via such social networks, the profile information connected to the account you use to log into the LetsWatch Service, including your name, may be used by LetsWatch in order to provide and support your account. You also acknowledge and agree that LetsWatch may publish information regarding your use of the LetsWatch Service to and in connection with any such third party social network with which you use the LetsWatch Service (unless you tell us otherwise).
If you choose to register for an account, in consideration of your use of the Site, you agree to maintain the security of your password and identification and to be fully responsible for all use of your account and for any actions that take place using your account.
The Company may terminate your account, delete your profile and any content or information that you have posted on the Service and/or prohibit you from using or accessing the Service for any reason, or no reason, at any time in its sole discretion, with or without notice.
All Materials contained on the LetsWatch Service are the proprietary property of LetsWatch or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to LetsWatch or its affiliates and/or third-party licensors. LetsWatch reserves all rights not expressly granted in these Terms of Service.
Unless otherwise expressly stated in writing by LetsWatch, you are granted a limited, non-sub licensable license (i.e. a personal and limited right) to access and use the LetsWatch Service for your personal or internal business use only.
This license is subject to these Terms of Service and does not include any of the following: (a) any resale or commercial use of the LetsWatch Service or the Materials; (b) the distribution, public performance or public display of any Materials (except for Broadcaster Content by the Broadcaster posting the Broadcaster Content – this is all explained further below); (c) modifying or otherwise making any derivative uses of the LetsWatch Service or the Materials, or any portion of them; (d) use of any data mining, robots or similar data gathering or extraction methods; (e) downloading (except page caching) of any portion of the LetsWatch Service, the Materials or any information contained in them, except as expressly permitted on the LetsWatch Service; or (f) any use of the LetsWatch Service or the Materials except for their intended purposes. Any use of the LetsWatch Service or the Materials except as specifically authorized in these Terms of Service, without the prior written permission of LetsWatch, is strictly prohibited and your failure to comply with them may have legal consequences which may include violating applicable laws, including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated in these Terms of Service, nothing in them shall be interpreted as conferring any license to intellectual property rights, whether by estoppel, implication or other legal principles. This license can be terminated.
5) Additional Guidelines
While using the LetsWatch Service, you will be subject to any additional posted guidelines or rules applicable to specific services and features which may be posted online and notified to you from time to time (the " Guidelines "). All these Guidelines are hereby incorporated by reference into these Terms of Service (i.e. they are made part of these Terms of Service).
LetsWatch logos and any other product or service name or slogan contained in the Service are trademarks of LetsWatch or our suppliers or licensors and may not be copied, imitated or used, in whole or in part, without the prior written permission of LetsWatch or the applicable trademark holder. Any authorized use of these trademarks must be in accordance with any guidelines that LetsWatch may provide you from time to time.
You may not use any metatags or any other hidden text utilizing "LetsWatch" or any other name, trademark or product or service name of LetsWatch without our prior written permission. In addition, the look and feel of the LetsWatch Service, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of LetsWatch and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the LetsWatch Service are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us or any other affiliation.
LetsWatch allows certain users ("Broadcaster") to distribute streaming live and pre-recorded videos of video game related activities.
If you sign up for an account as a Broadcaster, subject to your compliance with these Terms of Service, LetsWatch hereby grants to you a personal, limited, non-exclusive, non-transferable, freely revocable license to use the LetsWatch Service for the uploading and distributing of authorized digital content, including videos (" Broadcaster Content ").
Unless otherwise agreed to in a written agreement between you and LetsWatch that was signed by an authorized representative of LetsWatch:
By distributing or disseminating Broadcaster Content through the LetsWatch Service, you hereby grant to LetsWatch a worldwide, nonexclusive, royalty-free, perpetual, transferable and fully sub licensable right to use, host, convert for streaming, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and otherwise exploit your Broadcaster Content, in any form, format, media or media channels now known or later developed or discovered. You grant LetsWatch and our sublicenses the right to use the name that you submit in connection with that content, if we or they choose.
Except for Broadcaster Content already downloaded by users, the foregoing license granted by you terminates regarding a specific piece of Broadcaster Content once you remove or delete that Broadcaster Content from the LetsWatch Service.
You are solely responsible for your Broadcaster Content and the consequences of posting or publishing it. By uploading and publishing your Broadcaster Content, you represent, and warrant that: (1) you are the creator and owner of the Broadcaster Content or otherwise have sufficient rights and authority to grant the rights granted herein; (2) your Broadcaster Content does not and will not (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right or (b) slander, defame, or libel any other person; (3) your Broadcaster Content does not contain any viruses, adware, spyware, worms, harmful or malicious code or (4) unless you have received prior written authorization, your Broadcaster Content specifically does not contain any prerelease or non-public beta software or game content or any confidential information of LetsWatch or third parties. LetsWatch reserves all rights and remedies against any Broadcasters who breach these representations and warranties.
LetsWatch uses reasonable security measures in order to attempt to protect Broadcaster Content. However, LetsWatch cannot guarantee that there will be no unauthorized copying or distribution of Broadcaster Content nor will LetsWatch be liable for any copying or usage of the Broadcaster Content not authorized by LetsWatch. You hereby release and forever waive any claims you may have against LetsWatch for any such unauthorized copying or usage of the Broadcaster Content, under any theory.
THE SECURITY MEASURES TO PROTECT BROADCASTER CONTENT USED BY LETSWATCH HEREIN ARE PROVIDED AND USED "AS-IS" AND WITH NO WARRANTIES OR ASSURANCES THAT SUCH SECURITY MEASURES WILL WITHSTAND ATTEMPTS TO EVADE SECURITY MECHANISMS OR THAT THERE WILL BE NO CRACKS, DISABLEMENTS OR OTHER CIRCUMVENTION OF SUCH SECURITY MEASURES.
Unless expressly permitted in writing by LetsWatch, you may not sell, rent, lease, share or provide access to your Broadcaster account to any third party, including without limitation charging any remuneration (e.g. money) to any third party for access to administrative rights on your Broadcaster account. LetsWatch reserves all available legal rights and remedies to prevent unauthorized use of the LetsWatch Service, including, but not limited to, technological barriers, IP mapping, and in serious cases directly contacting your Internet Service Provider (ISP) regarding such unauthorized use.
Broadcasters may promote, administer or conduct a promotion on, through or utilizing LetsWatch (a "Promotion"). If you are a Broadcaster and you choose to promote, administer or conduct a Promotion, you must follow the following rules:
You may carry out Promotions to the extent permitted by applicable local law and you are solely responsible for ensuring that you and any Promotions comply with any and all applicable local law obligations and restrictions.s
You, at your expense, will be solely responsible for all aspects of your Promotion, including, without limitation, the execution, administration, and operation of the Promotion; drafting and posting any official rules; selecting winners; issuing prizes; and obtaining all necessary third-party permissions and approvals, including, without limitation, filing any and all necessary registrations and bonds. LetsWatch has the right to remove your Promotion from the LetsWatch Service for any reason.
LetsWatch is not responsible for and does not endorse or support any such Promotions. You may not indicate that LetsWatch is a sponsor or co-sponsor of the Promotion.
ALL Broadcasters should
display or read out the following when a Promotion is on their channel:
"This is a promotion from [channel name] . LetsWatch does not sponsor or endorse broadcaster promotions and is not responsible for them".
You agree that your Broadcaster Content will comply with the FTC's Guidelines Concerning the Use of Testimonials and Endorsements in Advertising (available at, http://www.ftc.gov/sites/default/files/attachments/press-releases/ftc-publishes-final-guides-governing-endorsements-testimonials/091005revisedendorsementguides.pdf) ("Guidelines").
For example, if you have been paid or provided with free products in exchange for discussing or promoting a product or service through the LetsWatch Service, or if you are an employee of a company and you decide to discuss or promote that company's products or services through the LetsWatch Service, you agree to comply with the Guidelines' requirements for disclosing such relationships. You, and not LetsWatch, are solely responsible for any endorsements or testimonials you make regarding any product or service through the LetsWatch Service.
8) Third Party Content
In addition to the Broadcaster Content, LetsWatch may provide other third party content on the LetsWatch Services and may provide links to Web pages and content of third parties (collectively the " Third-Party Content ") as a service to those interested in this information. LetsWatch does not control, endorse or adopt any Third-Party Content and makes no representation or warranties of any kind regarding the Third-Party Content, including without limitation regarding its accuracy or completeness. Please be aware that we do not create Third Party Content, nor we do not update or monitor it, therefore we are not responsible for any Third Party Content on the LetsWatch Service. Users use such Third-Party Content at their own risk.
9) Refund Policy
We do not offer refunds at this time. You lose your right to cancel once you have made your payment.
10) Payment and Terms
We accept various payment methods through and only PayPal as forms of payment. You are subject to all terms and conditions of the payment method you choose. If you elect to access a service that requires payment of fees, you agree to pay them. You agree to select and use a payment method offered by LetsWatch By providing LetsWatch with a payment method, you represent that you are authorized to use the payment method that you provide and that any payment information you provide is true and accurate. All payments are to be made in United States Dollars.
I. You agree that you will comply with these Terms of Service and Rules of Conduct and will not:
- use the LetsWatch Service for any purposes except to disseminate or receive original or appropriately licensed content and/or to access the LetsWatch Service;
- rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the licenses granted in these Terms of Service or any Materials (as defined in section 4);
- post, upload, or distribute any defamatory, libellous, or inaccurate Content;
- impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the LetsWatch Service accounts of others without permission, forge another persons' digital signature, misrepresent the source, identity, or content of information transmitted via the LetsWatch Service, or perform any other similar fraudulent activity;
- delete the copyright or other proprietary rights notices on the LetsWatch Service or Content;
- make unsolicited offers, advertisements, proposals, or send junk mail or spam to other Users of the LetsWatch Service, including, without limitation, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, petitions for signatures, or any of the preceding things related to promotional giveaways (such as raffles and contests), and other similar activities;
- harvest or collect the email addresses or other contact information of other users from the LetsWatch Service for the purpose of sending spam or other commercial messages;
- use the LetsWatch Service for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy;
- defame, harass, abuse, threaten or defraud Users of the LetsWatch Service, or collect, or attempt to collect, personal information about Users or third parties without their consent;
- remove, circumvent, disable, damage or otherwise interfere with security-related features of the LetsWatch Service or Content, features that prevent or restrict use or copying of any content accessible through the LetsWatch Service, or features that enforce limitations on the use of the LetsWatch Service or Content;
- reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the LetsWatch Service or any part thereof, except and only to the extent that this activity is expressly permitted by the law of your country of residence;
- modify, adapt, translate or create derivative works based upon the LetsWatch Service or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
- intentionally interfere with or damage operation of the LetsWatch Service or any user's enjoyment of them, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code;
- relay email from a third party's mail servers without the permission of that third party;
- use any robot, spider, scraper, crawler or other automated means to access the LetsWatch Service for any purpose or bypass any measures LetsWatch may use to prevent or restrict access to the LetsWatch Service;
- manipulate identifiers in order to disguise the origin of any Content transmitted through the LetsWatch Service;
- interfere with or disrupt the LetsWatch Service or servers or networks connected to the LetsWatch Service, or disobey any requirements, procedures, policies or regulations of networks connected to the LetsWatch Service; use the LetsWatch Service in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the LetsWatch Service, or that could damage, disable, overburden or impair the functioning of the LetsWatch Service in any manner;
- use or attempt to use another user's account without authorization from that user and LetsWatch;
- attempt to circumvent any content filtering techniques we employ, or attempt to access any service or area of the LetsWatch Service that you are not authorized to access; or
- attempt to indicate in any manner that you have a relationship with us or that we have endorsed you or any products or services for any purpose.
Further, BY USING THE LETSWATCH SERVICE, INCLUDING THE INTERACTIVE AREAS YOU AGREE NOT TO post, upload to, transmit, distribute, store, create or otherwise publish through the LetsWatch Service any of the following:
- Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law or regulation;
- Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any Content, you represent and warrant that you have the lawful right to distribute and reproduce such Content;
- Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
- Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
- private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
- viruses, corrupted data or other harmful, disruptive or destructive files; and
- content that, in the judgment of LetsWatch, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the LetsWatch Service, or which may expose LetsWatch or our users to any harm or liability.
LetsWatch takes no responsibility and assumes no liability for any Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is LetsWatch liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Your use of the LetsWatch Service is at your own risk. Enforcement of the user content or conduct rules set forth in these Terms of Service is solely at LetsWatch's discretion, and failure to enforce such rules in some instances does not constitute a waiver of our right to enforce such rules in other instances. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the LetsWatch Service will not contain any content that is prohibited by such rules. As a provider of interactive services, LetsWatch is not liable for any statements, representations or Content provided by our users in any public forum, personal home page or other Interactive Area. LetsWatch does not endorse any Content or any opinion, recommendation or advice expressed therein, and LetsWatch expressly disclaims any and all liability in connection with Content. Although LetsWatch has no obligation to screen, edit or monitor any of the Content posted in any Interactive Area, LetsWatch reserves the right, and has absolute discretion, to remove, screen or edit any Content posted or stored on the LetsWatch Service at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing any Content you post or store on the LetsWatch Service at your sole cost and expense. Any use of the Interactive Areas or other portions of the LetsWatch Service in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the LetsWatch Service.
If you submit or post User Content to the LetsWatch Service you grant LetsWatch a worldwide, nonexclusive, royalty-free, perpetual, irrevocable and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content in any form, format, media or media channels now known or hereafter developed or discovered. You grant LetsWatch and our sublicenses the right to use the name that you submit in connection with such content, if we or they choose.
By submitting or posting User Content to the LetsWatch Service, you agree that: (a) such User Content is non-confidential; (b) you own and control all of the rights to the User Content that you post or you otherwise have all necessary rights to post such User Content to the LetsWatch Service; (c) the User Content is accurate and not misleading or harmful in any manner; and (d) the User Content, and your use and posting of that User Content in connection with the LetsWatch Service, does not and will not violate these Terms of Service or any applicable law, rule or regulation in your country or elsewhere.
LetsWatch reserves the right, without notice and in our sole discretion, to terminate your license to use the LetsWatch Service (including to post Broadcaster Content), and to block or prevent your future access to and use of the LetsWatch Service. This includes LetsWatch having the ability to terminate or to suspend your access to any purchased products or services, including any subscriptions accounts. Your only remedy with respect to any dissatisfaction with (i) the LetsWatch Service, (ii) any term of these Terms of Service, (iii) any policy or practice of LetsWatch in operating the LetsWatch Service, or (iv) any content or information transmitted through the LetsWatch Service, is to terminate your account and discontinuing use of any and all parts of the LetsWatch Service. In serious cases of breach of these Terms of Service (for example, infringement of LetsWatch's intellectual property rights or actions causing it financial loss), LetsWatch may consider it appropriate to take legal action against you (though we will try to resolve matters amicably with you if possible).
You agree to indemnify, defend, and hold harmless LetsWatch, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the LetsWatch Service, any Content you post, store or otherwise transmit in or through the LetsWatch Service, your violation of the rights of any third party, any violation by you of these Terms of Service, or any breach of the representations, warranties, and covenants made by you herein. LetsWatch reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify LetsWatch, and you agree to cooperate with LetsWatch's defense of these claims. LetsWatch will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it. If you are a Broadcaster, the forgoing indemnity includes, without limitation, any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your Promotions or Broadcaster Content.