隐私政策
1. Introduction; Your Agreement to these Terms of Service
We describe our Services, which we call “the Paytuber Services”, and our contractual relationship with you.
When you use Paytuber you agree to all of the terms in this contract. This contract applies to you whether you sign up for an account or use Paytuber without registering.
Your use of Paytuber is also subject to (a) our Community Guidelines, which detail what content is and is not allowed on our service; (b) any other guidelines or rules we post or provide to you; and (c) our Terms of Sale, which cover our paid products and services.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. THIS IS A BINDING CONTRACT. Welcome to the services operated by Paytuber Interactive, Inc. (collectively with its affiliates, “Paytuber” or “We”) consisting of the website available at https://www.Paytuber.com, and its network of websites, software applications, and any other products or services offered by Paytuber (the “Paytuber Services”). Other services offered by Paytuber may be subject to separate terms.
When using the Paytuber Services, you will be subject to Paytuber’s Community Guidelines and additional guidelines or rules that are posted on the Paytuber Services, made available to you, or disclosed to you in connection with specific services and features you may be offered. Paytuber may also offer certain paid services, which are subject to the Paytuber Terms of Sale as well as any additional terms or conditions that are disclosed to you in connection with such services. All such terms and guidelines (the “Guidelines”) are incorporated into these Terms of Service by reference.
The Terms of Service apply whether you are a user that registers an account with the Paytuber Services or an unregistered user. You agree that by clicking “Sign Up” or otherwise registering, downloading, accessing, or using the Paytuber Services, you are entering into a legally binding agreement between you and Paytuber regarding your use of the Paytuber Services. You acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you do not agree to these Terms of Service, do not access or otherwise use any of the Paytuber Services.
When using Paytuber or opening an account with Paytuber on behalf of a company, entity, or organization (collectively, “Subscribing Organization”), you represent and warrant that you: (i) are an authorized representative of that Subscribing Organization with the authority to bind that organization to these Terms of Service and grant the licenses set forth herein; and (ii) agree to these Terms of Service on behalf of such Subscribing Organization.
2. Use of Paytuber by Minors and Blocked Persons
You promise us that you are at least 18 years old, that you have not previously been removed from Paytuber, and that you are not legally prohibited from using Paytuber.
If you are between 18 and the age you legally become an adult where you live, you can only use Paytuber if your parent or guardian is supervising you and agrees to this contract.
The Paytuber Services are not available to persons under the age of 18. If you are between the ages of 18 and the age of legal majority in your jurisdiction of residence, you may only use the Paytuber Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Service.
The Paytuber Services are also not available to any users previously removed from the Paytuber Services by Paytuber or to any persons barred from receiving them under the laws of the United States (such as its export and re-export restrictions and regulations) or applicable laws in any other jurisdiction.
BY DOWNLOADING, INSTALLING, OR OTHERWISE USING THE PAYTUBER SERVICES, YOU REPRESENT THAT YOU ARE AT LEAST 13 YEARS OF AGE, THAT YOUR PARENT OR LEGAL GUARDIAN AGREES TO BE BOUND BY THESE TERMS OF SERVICE IF YOU ARE BETWEEN 13 AND THE AGE OF LEGAL MAJORITY IN YOUR JURISDICTION OF RESIDENCE, AND THAT YOU HAVE NOT BEEN PREVIOUSLY REMOVED FROM AND ARE NOT PROHIBITED FROM RECEIVING THE PAYTUBER SERVICES.
3. Privacy Notice
Our Privacy Notice covers how we collect, use, and share your personal information.
Your privacy is important to Paytuber. Please see our Privacy Notice for information relating to how we collect, use, and disclose your personal information, and our Privacy Choices on how you can manage your online privacy when you use the Paytuber Services.
4. Account
a. Account and Password
You should provide us with accurate information about yourself.
You are responsible for keeping your Paytuber account and password, and your devices, secure.
If you let others use your account, you agree to this contract for them and are responsible for their actions on Paytuber while they are using your account.
You promise not to sell, rent, or transfer your account to anyone else.
In order to open an account, you will be asked to provide us with certain information such as an account name and password. Please make sure the information you provide to Paytuber upon registration and at all other times is true, accurate, current, and complete to the best of your knowledge.
You are solely responsible for maintaining the confidentiality of your account, your password and for restricting access to the device(s) on which you use your account. If you permit others to use your account credentials, you agree to these Terms of Service on behalf of all other persons who use the Services under your account or password, and you are responsible for all activities that occur under your account or password.
Unless expressly permitted in writing by Paytuber, you may not sell, rent, lease, transfer, share, or provide access to your account to anyone else, including without limitation, charging anyone for access to administrative rights on your account. Paytuber reserves all available legal rights and remedies to prevent unauthorized use of the Paytuber Services, including, but not limited to, technological barriers, IP mapping, and, in serious cases, directly contacting your Internet Service Provider (ISP) regarding such unauthorized use.
b. Third-Party Accounts
If you access Paytuber through another service or link your Paytuber account to your account on another service, the privacy notices of both Paytuber and the other service will apply.
Paytuber may permit you to register for and log on to the Paytuber Services via certain third-party services. The third party’s collection, use, and disclosure of your information will be subject to that third-party service’s privacy notice. Further information about how Paytuber collects, uses, and discloses your personal information when you link your Paytuber account with your account on any third-party service can be found in our Privacy Notice.
5. Use of Devices and Services
You are responsible for paying any fees or charges from other companies that you incur for accessing Paytuber.
Access to the Paytuber Services may require the use of your personal computer or mobile device, as well as communications with or use of space on such devices. You are responsible for any Internet connection or mobile fees and charges from third parties that you incur when accessing the Paytuber Services.
6. Modification of these Terms of Service
This section explains how we may make changes to this contract and how you agree to those changes.
Paytuber may amend any of the terms of these Terms of Service by posting the amended terms and updating the “Last modified” date above. Your continued use of the Paytuber Services after the effective date of the revised Terms of Service constitutes your acceptance of the terms.
For residents of the European Union or the European Economic Area, the United Kingdom, or Switzerland, who are acting as a consumer (i.e., for a purpose which can be regarded as being outside your trade, craft or profession) (“Consumer”) and have registered a Paytuber account, Paytuber will provide reasonable prior notice of amendments to these Terms of Service. To the extent permitted by applicable law, not canceling your agreement to use the Paytuber Services under these Terms of Service before the effective date will be deemed your consent to the amended terms. Where required by applicable law, Paytuber will ask for your consent to the amended terms.
7. License
Here we provide you with notice of our intellectual property rights.
We own and operate the Paytuber Services.
We are giving you limited permission to access and use Paytuber for either personal reasons or internal business reasons. This permission is called a “license”, and we explain the limitations on your license and the ways you may not use Paytuber below.
The Paytuber Services are owned and operated by Paytuber. Unless otherwise indicated, all content, information, and other materials on the Paytuber Services (excluding User Content, set out in Section 8 below), including, without limitation, Paytuber’s trademarks and logos, the visual interfaces, graphics, design, compilation, information, software, computer code (including source code or object code), services, text, pictures, information, data, sound files, other files, and the selection and arrangement thereof (collectively, the “Materials”) are protected by relevant intellectual property and proprietary rights and laws. All Materials are the property of Paytuber or its subsidiaries or affiliated companies and/or third-party licensors. Unless otherwise expressly stated in writing by Paytuber, by agreeing to these Terms of Service you are granted a limited, non-sublicensable, and non-transferable license (i.e., a personal and limited right) to access and use the Paytuber Services for your personal use or internal business use only.
Paytuber reserves all rights not expressly granted in these Terms of Service. This license is subject to these Terms of Service and does not permit you to engage in any of the following: (a) resale or commercial use of the Paytuber Services or the Materials; (b) distribution, public performance or public display of any Materials; (c) modifying or otherwise making any derivative uses of the Paytuber Services or the Materials, or any portion of them; (d) use of any data mining, robots, or similar data gathering or extraction methods; (e) downloading (except page caching) of any portion of the Paytuber Services, the Materials, or any information contained in them, except as expressly permitted on the Paytuber Services; or (f) any use of the Paytuber Services or the Materials except for their intended purposes. Any use of the Paytuber Services or the Materials except as specifically authorized in these Terms of Service, without the prior written permission of Paytuber, is strictly prohibited and may violate intellectual property rights or other laws. Unless explicitly stated in these Terms of Service, nothing in them shall be interpreted as conferring any license to intellectual property rights, whether by estoppel, implication, or other legal principles. Paytuber can terminate this license as set out in Section 18.
8. User Content
We refer to everything you create on Paytuber or provide to us as “User Content”.
Paytuber allows you to distribute streaming live and pre-recorded audio-visual works; to use services, such as chat, bulletin boards, forum postings, wiki contributions, and voice interactive services; and to participate in other activities in which you may create, post, transmit, perform, or store content, messages, text, sound, images, applications, code, or other data or materials on the Paytuber Services (“User Content”).
a. License to Paytuber & Other Paytuber Users
When you provide User Content on Paytuber, you grant us the rights and permissions described in this section to make your User Content available to the world and let others do the same.
If features that give other Paytuber users the ability to use or share your User Content off of Paytuber are turned on for your account, then you also grant other Paytuber users the rights and permissions described in this section to enable them to share your User Content.
If your User Content contains anyone else’s biographical information, then you promise us that you have the right or permission to use it, and that Paytuber and other users are also allowed to use it as described in these terms.
(i) Unless otherwise agreed to in a written agreement between you and Paytuber that was signed by an authorized representative of Paytuber, if you submit, transmit, display, perform, post, or store User Content using the Paytuber Services, you grant Paytuber and its sub-licensees, to the furthest extent and for the maximum duration permitted by applicable law (including in perpetuity if permitted under applicable law), an unrestricted, worldwide, irrevocable, fully sub-licenseable, nonexclusive, and royalty-free right to: (a) use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display your User Content (including without limitation for promoting and redistributing part or all of the Paytuber Services (and derivative works thereof)) in any form, format, media, or media channels now known or later developed or discovered; and (b) use the name, identity, likeness, and voice (or other biographical information) that you submit in connection with such User Content. Paytuber can exercise these rights in connection with monetizing the Paytuber Services.
(ii) The Paytuber Services may allow users to access, use, and/or share User Content outside the Paytuber Services. If this sharing functionality is turned on in your account settings, you grant each other Paytuber user, solely as necessary to enable such functionality, a worldwide, irrevocable, fully sub-licenseable, nonexclusive, and royalty-free license to: (a) use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display your User Content and any derivative works thereof in any form, format, media, or media channels now known or later developed or discovered; and (b) use the name, identity, likeness, and voice (or other biographical information) included in your User Content.
(iii) Should your User Content contain the name, identity, likeness, and voice (or other biographical information) of third parties, you represent and warrant that you have obtained the appropriate consents and/or licenses for your use of such elements and that Paytuber, other users (as described in section (a)(ii) above), and their respective sub-licensees (as applicable) are allowed to use them to the extent indicated in these Terms of Service.
(iv) With respect to User Content known as “add-ons”, “maps”, “mods”, or other types of projects submitted through CurseForge.com or similar sites (the “Submitted Projects”), the rights granted by you hereunder terminate once you remove or delete such Submitted Projects from the Paytuber Services. You also acknowledge that Paytuber may retain, but not display, distribute, or perform, server copies of Submitted Projects that have been removed or deleted.
(v) With respect to streaming live and pre-recorded audio-visual works, the rights granted by you hereunder terminate once you delete such User Content from the Paytuber Services, or generally by closing your account, except: (a) to the extent you shared it with others as part of the Paytuber Services and others copied or stored portions of the User Content (e.g., made a Clip); (b) to the extent others accessed, used, and/or shared your User Content outside the Paytuber Services pursuant to the license granted in Section 8(a) above, (c) to the extent Paytuber used it for promotional purposes; (d) for the reasonable time it takes to remove from backup and other systems; or (e) to the extent Paytuber is required by applicable law to retain it.
b. User Content Representations and Warranties
You are responsible for your User Content and the consequences of publishing it. You promise to only submit User Content that you have the right or authority to share and not to submit User Content that infringes on anyone else’s rights.
You are solely responsible for your User Content and the consequences of posting or publishing it. You represent and warrant that: (1) you are the creator or own or control all rights in and to the User Content or otherwise have sufficient rights and authority to grant the rights granted herein; (2) your User Content does not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right, or (b) defame any other person; (3) your User Content does not contain any viruses, adware, spyware, worms, or other harmful or malicious code; and (4) unless you have received prior written authorization, your User Content specifically does not contain any pre-release or non-public beta software or game content or any confidential information of Paytuber or third parties. Paytuber reserves all rights and remedies against any users who breach these representations and warranties.
c. Content is Uploaded at Your Own Risk
This is our disclaimer of legal liability for the security measures of our Services.
Paytuber uses reasonable security measures in order to attempt to protect User Content against unauthorized copying and distribution. However, Paytuber does not guarantee that any unauthorized copying, use, or distribution of User Content by third parties will not take place. To the furthest extent permitted by applicable law, you hereby agree that Paytuber shall not be liable for any unauthorized copying, use, or distribution of User Content by third parties and release and forever waive any claims you may have against Paytuber for any such unauthorized copying or usage of the User Content, under any theory. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SECURITY MEASURES TO PROTECT USER CONTENT USED BY PAYTUBER HEREIN ARE PROVIDED AND USED “AS-IS” AND WITH NO WARRANTIES, GUARANTEES, CONDITIONS, ASSURANCES, OR OTHER TERMS THAT SUCH SECURITY MEASURES WILL WITHSTAND ATTEMPTS TO EVADE SECURITY MECHANISMS OR THAT THERE WILL BE NO CRACKS, DISABLEMENTS, OR OTHER CIRCUMVENTION OF SUCH SECURITY MEASURES.
d. Promotions
You may run promotions on Paytuber, so long as the promotions comply with applicable laws and you follow the other rules listed below.
Users may promote, administer, or conduct a promotion (e.g., a contest or sweepstakes) on, through, or utilizing the Paytuber Services (a “Promotion”), provided that if you choose to do so, you must adhere to the following rules: (1) You may carry out Promotions to the extent permitted by applicable law and you are solely responsible for ensuring that any Promotions comply with any and all applicable laws, obligations, and restrictions; (2) You will be classified as the promoter of your Promotion in the applicable jurisdiction(s) and you will be solely responsible for all aspects of and expenses related to your Promotion, including without limitation the execution, administration, and operation of the Promotion; drafting and posting any official rules; selecting winners; issuing prizes; and obtaining all necessary third-party permissions and approvals, including without limitation filing any and all necessary registrations and bonds. Paytuber has the right to remove your Promotion from the Paytuber if Paytuber reasonably believes that your Promotion does not comply with the Terms of Service or applicable law; (3) Paytuber is not responsible for and does not endorse or support any such Promotions. You may not indicate that Paytuber is a sponsor or co-sponsor of the Promotion; and (4) You will display or read out the following disclaimer when promoting, administering, or conducting a Promotion: “This is a promotion by [Your Name]. Paytuber does not sponsor or endorse this promotion and is not responsible for it.”.
e. Political Activity
If you engage in political activity on Paytuber, you agree that activity is your own, that you are legally eligible to engage in it, that you will abide by applicable law while engaging in it, and that you will not use any Paytuber monetization tool to make, deliver, or receive a political contribution. Candidates for political office may not use any Paytuber monetization tools on their channels.
Subject to these Terms of Service and the Community Guidelines, you may share political opinions; participate in political activity; provide links to a political committee’s official website, including the contribution page of a political committee; and solicit viewers to make contributions directly to a political committee. You agree, however, that these activities are entirely your own. Moreover, by engaging in these activities, you represent and warrant that you are eligible to engage in them under applicable law, and that you will abide by all relevant laws and regulations while doing so.
You agree not to solicit the use of or use any Paytuber monetization tool (e.g., Bits or subscriptions) for the purpose of making or delivering a contribution to a candidate, candidate’s committee, political action committee, ballot committee, or any other campaign committee, or otherwise for the purpose of influencing any election. Candidates for political office are not eligible to use any Paytuber monetization tool on their channels.
9. Branded Content
If you publish sponsored or promoted content, which is further described and defined below as “Branded Content”, you promise to use Paytuber’s Branded Content tool to disclose the content to viewers, and you promise to ensure the content complies with all applicable laws, regulations, and guidelines.
Paytuber recognizes that some users collaborate with brands and may publish “Branded Content,” which is any User Content featuring, using, discussing, or promoting products, services, or specific content in exchange for something of value, such as being paid or provided with goods or services. Branded Content includes without limitation paid product placements, endorsements, and sponsorships. Paytuber allows you to publish Branded Content using the Paytuber Services provided that your Branded Content complies with these Terms of Service and applicable law.
If you choose to publish Branded Content on the Paytuber Services you agree to use Paytuber’s Branded Content tool, which provides a written disclosure to viewers that your live stream contains Branded Content. In addition, you agree that you are solely responsible for ensuring that your Branded Content complies with any and all applicable advertising laws, regulations, and guidelines, including without limitation the U.S. Federal Trade Commission’s Guidelines (the “Advertising 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 Paytuber Services, or if you are an employee of a company and you discuss or promote that company’s products or services through the Paytuber Services, you agree to comply with the Advertising Guidelines’ requirements for disclosing such relationships to indicate the commercial nature of the Branded Content.
10. Prohibited Conduct
You promise not to violate any laws or anyone else’s rights.
You promise to comply with this Contract and our Community Guidelines and promise not to engage in any of the prohibited conduct listed below.
You agree that your use of others’ content and information on our Services is at your own risk.
We disclaim legal liability for all User Content on our Services.
We have the right to remove, hide, or moderate any User Content on our Services.
YOU AGREE NOT TO violate any law, contract, intellectual property, or other third-party right; not to commit a tort, and that you are solely responsible for your conduct while on the Paytuber Services.
You agree that you will comply with these Terms of Service and Paytuber’s Community Guidelines and will not:
i. create, upload, transmit, distribute, or store any content that is inaccurate, unlawful, infringing, defamatory, obscene, pornographic, invasive of privacy or publicity rights, harassing, threatening, abusive, inflammatory, or otherwise objectionable;
ii. impersonate any person or entity; falsely claim an affiliation with any person or entity; access the Paytuber Services accounts of others without permission; forge another person’s digital signature; misrepresent the source, identity, or content of information transmitted via the Paytuber Services; or perform any other similar fraudulent activity;
iii. send junk mail or spam to users of the Paytuber Services, including without limitation unsolicited advertising, promotional materials, or other solicitation material; bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, petitions for signatures, or any of the preceding things related to promotional giveaways (such as raffles and contests); and other similar activities;
iv. harvest or collect email addresses or other contact information of other users from the Paytuber Services;
v. defame, harass, abuse, threaten, or defraud users of the Paytuber Services, or collect or attempt to collect, personal information about users or third parties without their consent;
vi. delete, remove, circumvent, disable, damage, or otherwise interfere with (a) security-related features of the Paytuber Services or User Content, (b) features that prevent or restrict use or copying of any content accessible through the Paytuber Services, (c) features that enforce limitations on the use of the Paytuber Services or User Content, or (d) the copyright or other proprietary rights notices on the Paytuber Services or User Content;
vii. reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Paytuber Services or any part thereof, except and only to the extent that this activity is expressly permitted by the law of your jurisdiction of residence;
viii. modify, adapt, translate, or create derivative works based upon the Paytuber Services or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
ix. interfere with or damage the operation of the Paytuber Services or any user’s enjoyment of them, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code;
x. relay email from a third party’s mail servers without the permission of that third party;
xi. access any website, server, software application, or other computer resource owned, used, and/or licensed by Paytuber, including but not limited to the Paytuber Services, by means of any robot, spider, scraper, crawler, or other automated means for any purpose, or bypass any measures Paytuber may use to prevent or restrict access to any website, server, software application, or other computer resource owned, used, and/or licensed by Paytuber, including but not limited to the Paytuber Services;
xii. manipulate identifiers in order to disguise the origin of any User Content transmitted through the Paytuber;
xiii. interfere with or disrupt the Paytuber Services or servers or networks connected to the Paytuber, or disobey any requirements, procedures, policies, or regulations of networks connected to the Paytuber; use the Paytuber in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Paytuber, or that could damage, disable, overburden, or impair the functioning of the Paytuber in any manner;
xiv. use or attempt to use another user’s account without authorization from that user and Paytuber;
xv. attempt to circumvent any content filtering techniques we employ, or attempt to access any service or area of the Paytuber that you are not authorized to access;
xvi. attempt to indicate in any manner, without our prior written permission, that you have a relationship with us or that we have endorsed you or any products or services for any purpose; and
xvii. use the Paytuber Services for any illegal purpose, or in violation of any local, state, national, or international law or regulation, including without limitation laws governing intellectual property and other proprietary rights, data protection, and privacy.
To the extent permitted by applicable law, Paytuber takes no responsibility and assumes no liability for any User Content or for any loss or damage resulting therefrom, nor is Paytuber liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity you may encounter when using the Twitch Services. Your use of the Paytuber is at your own risk. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the Paytuber will not contain any content that is prohibited by such rules.
Paytuber is not liable for any statements or representations included in User Content. Paytuber does not endorse any User Content, opinion, recommendation, or advice expressed therein, and, to the extent permitted by applicable law, Paytuber expressly disclaims any and all liability in connection with User Content. To the fullest extent permitted by applicable law, Paytuber reserves the right to remove, screen, or otherwise moderate any User Content posted or stored on the Paytuber Services at any time and without notice, including where such User Content violates these Terms of Service or applicable law, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Paytuber Services at your sole cost and expense. Any use of the Paytuber Services in violation of the foregoing violates these Terms of Service and may result in, among other things, termination or suspension of your rights to use the Paytuber Services.
For residents of the European Union or the European Economic Area, the United Kingdom, or Switzerland who are acting as a Consumer, (i) Paytuber will only remove, screen, or otherwise moderate User Content for justified reasons, including without limitation where such User Content violates these Terms of Service or applicable law, and (ii) except where such notice would be unreasonable or legally prohibited considering the specific circumstances of the individual case, Paytuber will without delay notify you of the reason for taking the relevant step.
11. Simulcasting
This section sets out the guidelines you must follow if you simultaneously live stream on Paytuber and another service that supports live streaming of user generated content.
When you are streaming live on the Paytuber Services you may simultaneously live stream or broadcast (“Simulcast”) on any other network, platform, or service that supports live streaming of user generated content, only if:
You ensure that the quality of Paytuber users’ experience of your Simulcast is, at a minimum, no less than the experience on other platforms or services, including by your engagement with the Paytuber community, for example, via chat.
You do not provide links, or otherwise direct your community, to leave Paytuber for your simulcast on other services because we value the community on Paytuber and the integral role community engagement plays for all Paytuber users.
You do not use third-party services that combine activity from other platforms or services on your Paytuber stream during your Simulcast, such as merging chat or other features, to ensure the Paytuber community is included in the entirety of the experience of your livestream.
Collectively, these are referred to as the “Simulcast Guidelines.”
12. Advertisements
Here we delineate who may sell and serve advertisements on Paytuber.
Paytuber has the exclusive right to monetize the Paytuber Services, including without limitation, the exclusive right to sell, serve, and display advertisements on the Paytuber Services. Third-party advertising networks are not allowed to serve advertising through the Paytuber Services. However, you can publish Branded Content using the Paytuber Services as set forth in Section 9 above.
13. Recommendations
We will recommend content to you. We are providing notice of where you can find out more about our recommendations.
As part of the Paytuber Services, we will recommend content that might be of interest to you. For more information, please see Recommendations On Paytuber.
14. Respecting Copyright
This section explains the reporting process for copyright owners who believe content posted on Paytuber infringes their copyrights.
Paytuber respects the intellectual property of others and follows the requirements set forth in the Digital Millennium Copyright Act (“DMCA”) and other applicable laws. If you are the copyright owner or agent thereof and believe that content posted on the Paytuber Services infringes upon your copyright, please submit a notice following our DMCA Guidelines, which include further information about our policies, what to include in your notice, and where to submit your notice.
15. Trademarks
Here we provide you with notice of our trademark rights and how you may and may not use our trademarks.
Paytuber, the Paytuber logos, and any other product or service name, logo, or slogan used by Paytuber, and the look and feel of the Paytuber Services, including all page headers, custom graphics, button icons, and scripts, are trademarks or trade dress of Paytuber, and may not be used without our prior written permission in whole or in part in connection with any product or service that is not Paytuber’s in any manner that is likely to cause confusion among customers, or in any manner that is otherwise prohibited by applicable trademark laws. Any use of these trademarks must be in accordance with the Paytuber Trademark Guidelines.
All other trademarks referenced in the Paytuber Services are the property of their respective owners. Reference on the Paytuber Services to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by us or any other affiliation.
16. Third-Party Content
Others may offer their own content on Paytuber, including products and services, and we are not responsible for that third-party content.
In addition to the User Content, Paytuber may provide other third-party content on the Paytuber Services (collectively, the “Third-Party Content”). Paytuber does not control or endorse any Third-Party Content and makes no representation or warranties of any kind regarding the Third-Party Content, including without limitation regarding its accuracy or completeness. Please be aware that we do not create Third-Party Content, update, or monitor it. Therefore, to the extent permitted by applicable law, we are not responsible for any Third-Party Content on the Paytuber Services.
You are responsible for deciding if you want to access or use third-party websites or applications that link from the Paytuber Services (the “Reference Sites”). Paytuber does not control or endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites, and makes no representations or warranties of any kind regarding the Reference Sites. In addition, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Paytuber Services are solely between you and such advertiser. Access and use of Reference Sites, including the information, materials, products, and services on or available through Reference Sites is solely at your own risk.
17. Idea Submission
If you choose to send us your ideas or suggestions, then you agree that we can use them without giving you compensation or credit.
By submitting ideas, suggestions, documents, and/or proposals (the “Submissions”) to Paytuber or its employees, you acknowledge and agree that Paytuber shall be entitled to use or disclose such Submissions for any purpose in any way without providing compensation or credit to you.
18. Termination
You and Paytuber can each end this contract.
Paytuber has the right to stop providing the Paytuber Services or any features to you or to all users.
Paytuber has the right to end or suspend your ability to use the Services, including your access to any purchased products or services.
You may terminate your license to use the Paytuber Services and this Terms of Service agreement at your discretion at any time by ceasing to use the Paytuber Services or, if you are a registered user, by deleting your Paytuber account. For residents of the European Union or the European Economic Area, or of the United Kingdom, who are acting as a Consumer, you may have a right to withdraw from or cancel the agreement for the use of the Paytuber Services under these Terms of Service within a specific cooling-off period. When and how this right may apply is explained in our EU, EEA & UK Consumer Right of Withdrawal Information.
To the fullest extent permitted by applicable law, Paytuber reserves the right, without notice and in our sole discretion, to stop providing the Services (or any features) to you or to users generally, to terminate this Terms of Service agreement with you, to terminate your license to use the Paytuber Services (including to post User Content), and to block or prevent your future access to and use of the Paytuber Services for any reason, including without limitation if: (a) your use of the Paytuber Services violates these Terms of Service or applicable law; (b) you fraudulently use or misuse the Paytuber Services; or (c) we are unable to continue providing the Paytuber Services to you due to technical or legitimate business reasons. Our right to terminate our services, this agreement, and your license includes the ability to terminate or to suspend your access to any purchased products or services, including any subscriptions, Prime Gaming, or Turbo accounts. To the fullest extent permitted by applicable law, your only remedy with respect to any dissatisfaction with: (i) the Paytuber Services, (ii) any term of these Terms of Service, (iii) any policy or practice of Paytuber in operating the Paytuber Services, or (iv) any content or information transmitted through the Paytuber Services, is to terminate your account and to discontinue use of any and all parts of the Paytuber Services.
For residents of the European Union or the European Economic Area, the United Kingdom, or Switzerland who are acting as a Consumer, except in the case where Paytuber reasonably considers that giving notice is legally prohibited (for instance, when providing notice would either (i) violate applicable laws, regulations, or orders from regulatory authorities or (ii) compromise an ongoing investigation conducted by a regulatory authority) or that any notice may cause harm to you, third parties, Paytuber, and/or its affiliates (for instance, when providing notice harms the security of the Paytuber Services), Paytuber will without delay notify you of the reason for its action.
19. Disputes
a. Indemnification
You agree to compensate Paytuber (and other named parties) and defend us against all claims, losses, and damages related to your use of Paytuber, your User Content, and any contractual promises that you break.
To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Paytuber, its affiliated companies, and each of our respective contractors, employees, officers, directors, agents, third-party suppliers, licensors, and partners (individually and collectively, the “Paytuber Parties”) from any claims, losses, damages, demands, expenses, costs, and liabilities, including legal fees and expenses, arising out of or related to your access, use, or misuse of the Paytuber Services, any User Content you post, store, or otherwise transmit in or through the Paytuber Services, your violation of the rights of any third party, any violation by you of these Terms of Service, or any breach of the representations, warranties, and covenants made by you herein. You agree to promptly notify the Paytuber Parties of any third-party claim, and Paytuber reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Paytuber, and you agree to cooperate with Paytuber’s defense of these claims. Paytuber will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
b. Disclaimers; No Warranties
This is our disclaimer of legal liability for the quality, safety, or reliability of our Services. We also provide notice that users who meet the definition of a Consumer in the European Union or the European Economic Area, the United Kingdom, and Switzerland have some warranty rights.
i. No Warranties
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT AS STATED IN SUBSECTION ii. BELOW: (A) THE PAYTUBER SERVICES AND THE CONTENT AND MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN WRITING BY PAYTUBER; (B) THE PAYTUBER PARTIES DISCLAIM ALL OTHER WARRANTIES, STATUTORY, EXPRESS, OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE PAYTUBER SERVICES, INCLUDING ANY INFORMATION, CONTENT, OR MATERIALS CONTAINED THEREIN; (C) PAYTUBER DOES NOT REPRESENT OR WARRANT THAT THE CONTENT OR MATERIALS ON THE PAYTUBER SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE; (D) PAYTUBER IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO TEXT OR PHOTOGRAPHY; AND (E) WHILE PAYTUBER ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE PAYTUBER SERVICES SAFE, PAYTUBER CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE PAYTUBER SERVICES OR OUR SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, AND THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PAYTUBER OR THROUGH THE PAYTUBER SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
ii. EU/EEA/UK/CH Warranty Rights
For residents of the European Union or the European Economic Area, the United Kingdom, or Switzerland who are acting as a Consumer, there are warranty rights under applicable law in case of any non-conformity of digital content and services. Such rights shall remain unaffected by these Terms of Service. In such a case, Paytuber offers no further implied or statutory warranties or conditions with regard to digital content and services, and explicitly disclaims all implied warranties and conditions to the maximum extent permitted by applicable law.
You acknowledge that we may change the Paytuber Services from time to time without causing its non-conformity, including when needed to comply with applicable law or regulation, or for justified commercial, security, or operational reasons, and including to make any improvements to your access to the Paytuber Services.
c. Limitation of Liability and Damages
This section details the limits of legal liability we may have to you.
i. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) IN NO EVENT SHALL PAYTUBER OR THE PAYTUBER PARTIES BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE PAYTUBER SERVICES, THE CONTENT OR THE MATERIALS, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED FROM PAYTUBER, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO PAYTUBER’S RECORDS, PROGRAMS, OR SERVICES; AND (B) IN NO EVENT SHALL THE AGGREGATE LIABILITY OF PAYTUBER, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE, OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE PAYTUBER SERVICES EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE PAYTUBER SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER. TO THE EXTENT THAT APPLICABLE LAW PROHIBITS LIMITATION OF SUCH LIABILITY, PAYTUBER SHALL LIMIT ITS LIABILITY TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW.
To the extent required by applicable law, nothing in these Terms shall restrict our liability for death or personal injuries caused by Paytuber; for damages caused by Paytuber’s fraud, willful misconduct, or gross negligence; and for other losses that may not be excluded or limited by applicable law.
ii. Reference Sites
THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY REFERENCE SITES OR OTHERWISE BY THIRD PARTIES OTHER THAN PAYTUBER AND RECEIVED THROUGH OR ADVERTISED ON THE PAYTUBER SERVICES OR RECEIVED THROUGH ANY REFERENCE SITES.
iii. Basis of the Bargain
YOU ACKNOWLEDGE AND AGREE THAT PAYTUBER HAS OFFERED THE PAYTUBER SERVICES, USER CONTENT, MATERIALS, AND OTHER CONTENT AND INFORMATION, SET ITS PRICES, AND ENTERED INTO THESE TERMS OF SERVICE IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND PAYTUBER, AND THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND PAYTUBER. PAYTUBER WOULD NOT BE ABLE TO PROVIDE THE PAYTUBER SERVICES TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
d. Informal Resolution
You promise to notify us 60 days before filing a lawsuit against us so that we will have 60 days to try to informally resolve the dispute.
Most disputes can be resolved informally, so you agree to contact us before initiating a lawsuit related to these Terms of Service or your use of the Paytuber Services. Email your informal dispute resolution notice to legal@Paytuber.com and include the information necessary for Paytuber to investigate and respond, including your name, your Paytuber username (if you have a registered Paytuber account), a description of the dispute and alleged harm, your contact email address, and the name and contact information for your attorney, if you are represented by one (“Notice of Dispute”). After you send us the required Notice of Dispute, you and Paytuber will have 60 days from Paytuber’s receipt to engage in informal discussions to attempt to resolve the dispute amicably. To the extent permitted by applicable law, you must engage in this informal resolution process before starting any formal dispute process. Any applicable statutes of limitations will be tolled for the 60-day period following Paytuber’s receipt of your Notice of Dispute, to allow the parties to attempt informal resolution.
e. Applicable Law and Jurisdiction
If we end up in a legal dispute, you and Paytuber agree to resolve it in the named California courts using California law and United States law. If you meet the definition of a Consumer in the European Union or the European Economic Area, the United Kingdom, and Switzerland, you will resolve any legal disputes with Paytuber in civil courts where you reside and will keep the protection of your local consumer protection laws.
You agree that any dispute, claim, or cause of action of any sort that might arise between the parties will be governed by this Agreement and the laws of the State of California and applicable United States federal law, without regard to any conflict of laws principles. Any disputes, claims, or causes of action arising out of or in connection with these Terms of Service or your use of the Paytuber Services shall be brought and resolved exclusively by the United States District Court for the Northern District of California or a California state court located in San Francisco County, California. You expressly agree to submit to the personal jurisdiction of these courts for the purpose of litigating any such claim, waive any jurisdiction or venue defenses, and agree to service of process by email.
For residents of the European Union or the European Economic Area, the United Kingdom, or Switzerland who are acting as a Consumer, (i) the choice of governing law in this Section will not deprive you of the protection afforded to you as a consumer by provisions that cannot be derogated from by agreement by virtue of the laws applicable where you reside, and (ii) any disputes or claims relating in any way to these Terms of Service or your use of the Paytuber Services shall be resolved by a competent civil court in the country where you reside.
f. Claims
You and Paytuber both agree to bring any legal claims against one another within one year.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AND PAYTUBER AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE PAYTUBER MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
20. Miscellaneous
This section contains some additional important details about our contract with you.
a. Waiver
If we fail to exercise or enforce any right or provision of these Terms of Service, it will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms of Service will be effective only if in writing and signed by the relevant party.
b. Severability
If any provision of these Terms of Service is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms of Service to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
c. Assignment
To the extent permitted by applicable law, these Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Paytuber without restriction. Any assignment attempted to be made in violation of this Terms of Service shall be void.
d. Survival
Upon termination of these Terms of Service, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to, Sections 7-10, and 14-20.
e. Entire Agreement
The Terms of Service, which incorporate the Guidelines, is the entire agreement between you and Paytuber relating to the subject matter herein and will not be modified except by a writing signed by authorized representatives of both parties, or by a change to these Terms of Service made by Paytuber as set forth in Section 6 above.
21. Contact Information
Here is our contact information. Our online Help Desk also provides more information about our Services.
The Paytuber Services are offered by:
XOMYX LTD
128 CITY ROAD
LONDON
EC1V2NX
