Viewer Attack Terms of Services

The Gist

We, the creators of Viewer Attack, have the goal of helping content creators connect with their viewers with engaging interactive live contents. We hope that you like our projects! However, to ensure your safety and ours, there are limitations on how you may use these Services. These limitations are the Terms of Service.

The last substantive update to this document (excluding formatting changes, typo fixes, etc.) was on 2024-07-29.

1. Terms of Service

These Terms of Service (“Terms”), which include and hereby incorporate the Privacy Policy (“Privacy Policy”), are a legal agreement between us (“Viewer Attack”, “us” or “we”) and you (“you”, “the User”, “the Broadcaster”, “the Streamer”). By using or accessing the Service (Twitch extension and website), APIs, applications, or services offered by us, which are collectively referred to as the “Service,” you agree (i) that you are 18 years of age or older, (ii) if you are the age of majority in your jurisdiction or over, that you have read, understood, and accept to be bound by the Terms, and (iii) if you are between 18 and the age of majority in your jurisdiction, that your legal guardian has reviewed and agrees to these Terms.

We reserve the right, in its sole discretion, to modify or revise these Terms at any time, and you agree to be bound by such modifications or revisions. Any such change or modification will be effective immediately upon posting on the Service, and your continued use of the Service after any changes or modifications to these Terms are posted will constitute your acceptance of, and agreement to, such changes or modifications. If you object to any change or modification, your sole recourse shall be to cease using the Service.

Please read these Terms carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to become bound by the Terms set forth herein. If you do not agree to all the terms and conditions of this agreement, then you may not access or use the Service.

2. Access to Service

The Service provides online desktop and mobile platforms designed to help you create engaging interactive content for your viewers. The Service may allow you to generate, create, or upload your own original content. Subject to your compliance with these Terms, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to use and access the Service, solely for your personal use.

You agree not to (and not to attempt to) (i) use the Service for any use or purpose other than as expressly permitted by these Terms, (ii) access any and all non API based services in a manner that sends more request messages to the Service’s servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser, or (ii) copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Service or any portion of the Service, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by us or our licensors, except for the permissions and rights expressly granted in these Terms.

We reserve the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. We will make all reasonable efforts to keep the Service online and available, however it makes no guarantees of uptime or reliability. We reserve the right to refuse any user access to the Services without notice for any reason or no reason, including, but not limited to, a violation of the Terms.

If you violate these Terms, we reserve the right to issue you a warning regarding the violation or immediately terminate or suspend any or all accounts you have created using the Service. You agree that we do not need to provide you notice before terminating or suspending your account(s), and that we may do so at our sole discretion.

3. Responsibility of Users

You are entirely responsible for the Content you produce, and any harm resulting from that Content. That is the case regardless of what form or media the Content takes, which includes, but is not limited to text, photo, video, audio, structured and unstructured data formats, or code. By using the Service, you represent and warrant that your Content and conduct do not violate these terms.

You agree to be solely responsible for the images and sounds that will be broadcasted on your Twitch channel. When you upload an image or sound file to Viewer Attack, you agree you hereby grant us a worldwide, non-exclusive, royalty-free, sub licensable and transferable license and that the file can be used by other Viewer Attack users as well on all other channels across Twitch.

On new file uploads, the User also agrees that the submitted content does not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless the user has permission from the rightful owner of the material. The User further agrees to have permission that the sounds and images can be publicly uploaded, shared, broadcasted on the internet, and commercially used. You agree that you will not submit any images or sound files that contain hate speech, harassment, sexual material, illegal material or any material that violates copyright laws and Twitch policies. We hold the right to remove any User submitted Content at any time.If you delete Content, we will use reasonable efforts to remove it from the Service, but you acknowledge that caching or references to the Content may not be made immediately unavailable. For contractual purposes, you consent to receive communications from us via the email address you have submitted. We may also use your email address to send you other messages, including information the Service and special offers. You may opt-out of such email by using the “unsubscribe” link in the message, or by sending an email to driedbeans@viewerattack.com. We also recommend using the proper Twitch category while streaming a certain game with our Service active as a Twitch extension.

4. Responsibility of Visitors

We have not reviewed, and cannot review, all of the material, including computer software, posted to our Services, and cannot therefore be responsible for that material’s Content, use or effects. By operating our Services, we do not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful, or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Our Services may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. Our Services may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. We disclaim any responsibility for any harm resulting from the use by visitors of our Services, or from any downloading by those visitors of content there posted.

5. Content Posted on Other Websites

We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which the Service links, and that link to the Service. We do not have any control over those non-Service websites, and are not responsible for their contents or their use. By linking to a non-Service website, we do not represent or imply that it endorses such website. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. We disclaim any responsibility for any harm resulting from your use of non-Service websites and webpages.

6. Intellectual Property

This agreement does not transfer from us to you any Viewer Attack or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with us, and all other trademarks, service marks, graphics and logos used in connection with our Services, are trademarks or registered trademarks of Viewer Attack or its licensors. Other trademarks, service marks, graphics and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any Viewer Attack or third-party trademarks.

You agree that you shall not modify, copy, distribute, frame, reproduce, republish, download, scrape, display, post, transmit, or sell in any form or by any means, in whole or in part, or otherwise exploit the Service without our express prior written permission. You acknowledge that you do not acquire any ownership rights by using the Service or by accessing any Premium Service provided us, or any derivative works thereof and you agree not to challenge the validity of any of Viewer Attack’s intellectual property or its ownership thereof. All rights not expressly granted by these Terms are reserved by Viewer Attack and its licensors, and no license is granted hereunder by estoppel, implication or otherwise.

You further agree that by submitting Content to the Service, by any method, you hereby grant us a world-wide, royalty-free, perpetual and non-exclusive license to reproduce, analyze, modify, adapt, publish, redistribute and sell the Content, both individual and aggregated from the global player base. This license includes any data, information or creative works which result from and/or are derivative of the Content. You agree that we and all our partners can use and publicly share, including commercial use: clips of your live stream (video and audio), live stream screenshots, your Twitch username, your Twitch profile picture and user specific Extension data like Twitch Bits used on your channel inside Viewer Attack.

7. Payments Act

All monetary payments through “Bits” received from the Viewer Attack Twitch Extension are handled solely by Twitch. Viewer Attack does not process any payments directly. By using our services, you agree to abide by Twitch's payment policies and terms of service. For any issues related to payments, please refer to Twitch's support and help resources. Streamers receive 80% of the Bits spent within the Viewer Attack Twitch extension, in accordance with Twitch's Bits policy for Twitch Extensions. For more information, visit Twitch Bits policy for Twitch Extensions.

8. Digital Millennium Copyright Act

If you believe that material available on our Site, including any Content hosted on any of our Sites, infringes on your copyright(s), please notify us by providing a DMCA notice. Upon receipt of a valid and complete notice, we will remove the material and make a good faith attempt to contact the user who uploaded the material by email.

Please follow these steps to file a notice:

1. Verify that the allegedly infringing material or Content is hosted by Viewer Attack. We have no control over third-party websites and/or to material or Content that is not hosted on our servers.
2. Attempt to contact the alleged infringer directly to see if the matter can be resolved directly between you and the user.
3. Send your complaint to driedbeans@viewerattack.com if the issue cannot be resolved directly with the user. You must include the following:
   • A physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
   • An identification of the copyrighted work claimed to have been infringed;
   • A description of the nature and exact location of the material that you claim to infringe your copyright, in sufficient detail to permit us to find and positively identify that material. For example, we require specific identification of the allegedly infringing user and a link to the specific location that contains the material and a description of which specific portion of the location – an image, a link, the text, etc. your complaint refers to;
   • Your name, address, telephone number and email address;
   • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
   • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
   • As required by the DMCA, we have a policy to terminate users and/or accounts that we consider to be repeat infringers. Although we don’t share the specifics of our repeat infringer policy, we believe that it strikes the right balance of protecting the rights of copyright owners as well as protecting legitimate users from wrongful termination. Please note that notices that are successfully countered, rejected on fair use grounds, or deemed to be fraudulent are not counted against a user or account.

9. Feedback

We appreciate hearing from our users and welcome your comments regarding the Service. Please be advised, however, that if you send to us any comments, suggestions or recommendations regarding the Service (“Feedback”), particularly through any “Contact” functionality on our Sites or through our Service, you hereby assign to us all rights, title and interest in and to the Feedback. Accordingly, your Feedback will not be subject to any obligation of confidentiality and we will not be liable to you for any use or disclosure of any Feedback. Also, we will be entitled and are hereby licensed to unrestricted use of the Feedback for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.

10. Termination

We may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. You may, as the result of termination, lose your account, Content and all information and data associated therewith, as applicable and Viewer Attack is under no obligation to compensate you for any such loss. If you wish to terminate this agreement or any accounts on the Service you may have, you may simply discontinue using our Services. All provisions of this agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty, disclaimers, indemnity and limitations of liability.

11. Disclaimer of Warranties

OUR SERVICES ARE PROVIDED “AS IS”. VIEWER ATTACK AND ITS SUPPLIERS AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NEITHER VIEWER ATTACK NOR ITS SUPPLIERS AND LICENSORS, MAKES ANY WARRANTY THAT OUR SERVICES WILL BE ERROR FREE OR THAT ACCESS THERETO WILL BE CONTINUOUS OR UNINTERRUPTED. YOU UNDERSTAND THAT YOU DOWNLOAD FROM, OR OTHERWISE OBTAIN CONTENT OR SERVICES THROUGH, OUR SERVICES AT YOUR OWN DISCRETION AND RISK.

12. Limitation of Liability

IN NO EVENT WILL VIEWER ATTACK, OR ITS SUPPLIERS OR LICENSORS, BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR: (I) ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES; (II) THE COST OF PROCUREMENT FOR SUBSTITUTE PRODUCTS OR SERVICES; (III) FOR INTERRUPTION OF USE OR LOSS OR CORRUPTION OF DATA; OR (IV) FOR ANY AMOUNTS THAT EXCEED THE FEES PAID BY YOU TO VIEWER ATTACK UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTH PERIOD PRIOR TO THE CAUSE OF ACTION. VIEWER ATTACK SHALL HAVE NO LIABILITY FOR ANY FAILURE OR DELAY DUE TO MATTERS BEYOND THEIR REASONABLE CONTROL. THE FOREGOING SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. Communications made through the Service’s email and messaging system will not constitute legal notice to the Site, the Service, or any of its officers, employees, agents or representatives in any situation where legal notice is required by contract or any law or regulation.

13. General Representation and Warranty

You represent and warrant that (i) your use of our Services will be in strict accordance with the Viewer Attack Privacy Policy, with the Terms set forth in this agreement, and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the country in which you reside) and (ii) your use of our Services will not infringe or misappropriate the intellectual property rights of any third party.

14. Indemnification

You agree to indemnify and hold harmless Viewer Attack, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys fees, arising out of your use of our Services, including but not limited to your violation of the Terms of this agreement.

15. Translation

These Terms of Service were originally written in English (US). We may translate these terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.

16. Attributions

These Terms of Service were adapted from the Automattic Terms of Service, which are made available under a CC-BY-SA 4.0 license.

Thank you!

Please direct any questions you have to driedbeans@viewerattack.com