User Agreement

1. General Terms

1. These General Terms of Use (hereinafter referred to as “Terms”) apply to the services provided via the GifParty website www.gifparty.co (hereinafter referred to as “Services”) by Cliqq Inc (hereinafter referred to as “GifParty”), to its end users (GifParty and its end users hereinafter collectively referred to as “Parties”).
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2. The Services are primarily aimed at streamers and content creators (hereinafter referred to as “Streamers” and each a “Streamer”) on the Twitch.tv platform (hereinafter referred to as “Twitch”) who operate a channel on the platform as Twitch Affiliates or Twitch Partners, and who use the Services to enable their viewers to interact with the stream. 
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3. These Terms conclusively apply to the legal relationship between GifParty and the Streamer. Deviating and/or conflicting terms and conditions of the Streamer do not apply unless GifParty has expressly confirmed this in writing. Individual agreements between GifParty and the Streamer have priority over these Terms.

2. Scope of Services 

1. The GifParty Services allow Streamers to implement and use an interactive tool to enable livestream alerts for Bits, Channel Points, a multitude of other alert types, as well as the GifParty Twitch Extension. To use the Services the Streamer must register an account with GifParty. To use the full spectrum of Services, they also need to implement the GifParty Twitch Extension (hereinafter referred to as “Extension”) to their own channel on Twitch via the Twitch Extension Store on the creator dashboard of Twitch.
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2. To use the Services an account and a channel on Twitch.tv are required. The operation of the Streamer’s channel is subject to separate terms and conditions of Twitch Interactive, Inc. GifParty has no influence on the availability of the Twitch platform or the terms of use of said platform.
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3. After registering an account with GifParty and setting up GifParty Browser Source, Streamer can upload and enable GIFs to be played on stream. 
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4. After implementation of the Extension and its setup within the Dashboard, viewers of a Streamer’s channel stream can use the GifParty Extension to trigger GIFs of their choice to be played on twitch livestream. 
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5. If a Streamer is a Twitch Affiliate or Partner, they may specify a custom amount of Bits associated with a certain GIF as a requirement for the playout. Bits and Channel Points are acquired via the Twitch.tv platform separately according to the respective terms and conditions of Twitch.tv. GifParty has no control or influence over the acquisition or usage of Bits and/or Channel Points on Twitch.

3. Registration, Fees

1. A prior registration is required to use the Services as a Streamer. Registration to use the Services is free of charge. To use the Services as a Streamer, regardless of whether the Streamer is a Twitch Affiliate or Partner or still growing their channel to achieve this status, the Streamer must be of legal age. Streamers who have not reached the legal age require the consent of their legal guardian(s). GifParty reserves the right to request proof of age and to restrict access to and usage of our Services if the requested proof of age is not provided or not provided in full within a reasonable period of time.
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2. During the registration process, Streamers must accept these Terms and will be forwarded to Twitch.tv to login to their separate Twitch.tv account via an API provided by Twitch. After entering their Twitch.tv login data, the Streamer will be prompted to link their Twitch.tv account to GifParty and authorize a connection between both services. This authorization is required for GifParty to identify certain events on the Streamer’s channel to play an associated Alert Event as configured by the Streamer. After completing the authorization process, the Streamer will be redirected to the GifParty Dashboard.
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3. By completing registration, the Streamer enters a contractual relationship with GifParty based on these Terms for using the Services. The text of the contract is not saved by GifParty . The Terms can be viewed at any time on the GifParty website under https://gifparty.co/terms.
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4. Using the Dashboard, the Streamer may invite channel moderators, team members or other individuals trusted by the Streamer to manage the sounds, alerts and overlays. The Streamer may appoint managers with different roles and responsibilities such as Editors or Admins. The Streamer is responsible for any actions by their appointed managers in the same way that they would be themselves.
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5. While registration for the Services is free of charge, GifParty as the developer of the Extension receives a partial amount of the monetary countervalue of Bits used by the viewer to play out an Alert Event as specified by the Streamer. Such a split is performed via Twitch according to the respective terms and conditions of Twitch.tv to which GifParty has no influence or control over.

4. Responsibility For Login Data 

1. When registering for the Services using the Twitch API as per above section 3.2, GifParty does not receive login data of the Streamer to their respective account with Twitch.tv.
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2. Streamers shall keep their login data, including their username and password for their Twitch account, secret and shall not make their login data available to unauthorized third parties. Streamers are responsible for ensuring that their access to the Services is used exclusively by them and/or persons explicitly authorized by the Streamer.
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3. Streamers are obliged to inform GifParty without undue delay if there are indications that their Twitch account used to access the Services has been misused. Streamers are generally responsible for all activities carried out using their linked Twitch account to access the Services.
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4. If and when registration and/or profile data changes over the term of the contract, the Streamer shall adjust the respective data promptly in the Dashboard.

5. Reporting infringements of rights

1. GifParty respects the rights of any third party, especially intellectual property rights, and is accordingly interested in preventing the usage and distribution of infringing content uploaded by the Streamers to the GifParty media library.
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2. If you believe that Streamer Media content uploaded to the GifParty media library violates your rights (e.g. the right to one's own image, rights to a name, trademark and/or copyrights), please contact us stating which Streamer Media content is violating your rights and provide reasons for your complaint.
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3. GifParty will immediately investigate all notifications of rights violations and take the appropriate legal action, especially a restriction of disputed content for further use.
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4. Notifications of infringement may be addressed to us via email to playgifs@gmail.com.

6. Prohibited Actions

1. The Streamer may not upload and/or share any Streamer Media to our media library which 1. is copyrighted if the Streamer has no authorization to use and commercially exploit such content, especially copyrighted music and/or sounds.
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2. The Streamer must not 1. harass other community members, incite and/or promote such harassment; 2. gain access or attempt to gain access to another user’s account and/or any non-public portions of the Service, including the computer systems or networks connected to or used together with the Services; 3. repeatedly uploading identical content or content with only minor changes; 4. re-uploading other community members content; 5. upload any viruses or malicious code or do anything that could interrupt, overburden, or impair the proper working or appearance of the Services.

7. Restriction and blocking of access to the Services

1. GifParty reserves the right to partially restrict the access to the Services or usage of certain functionalities such as uploading and sharing Streamer Media in the event of serious violations of these Terms by the Streamers. In case of a restriction, GifParty  will notify the user via email, stating the restriction, the reasons and the duration of the restriction. The right to restrict exists independently of the right of termination or blocking and can be exercised in addition to the latter.
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2. The following actions shall be deemed as a serious violation as per section 9.1 if the Streamer 1. has registered for the Services and/or is using the Services without being eligible; 2. deliberately makes false statements when registering to use the Services; 3. uploads and/or shares Streamer Media in violation of copyright, trademark or personal rights; 4. uploads/and or shares Streamer Media in violation of the provisions of applicable data protection law, especially under GDPR; 5. does not react to a copyright and/or trademark notice without undue delay according to above section 5.6; 6. uploads and/or shares Streamer Media in violation of above section 8.1; 7. performs actions in violation of above section 8.2.
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3. If the Streamer is repeatedly violating these Terms and/or applicable law despite a previous restriction as per above section 9.1, GifParty reserves the right to block the Streamers’ access to and their usage of the Services permanently. The Streamer will be informed about a permanent block via email and when accessing the Services.

8. Term, Termination of Use

1. The contractual relationship between GifParty and the Streamer under these Terms shall run for an unlimited period of time until terminated by either Party.
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2. Streamer may duly terminate the contract with effect for the future at any time by deleting their account with GifParty via the Dashboard. GifParty may duly terminate the contract with effect for the future by closing the Streamer’s account but shall observe a notice period of four (4) weeks. GifParty will inform the Streamer about termination in text form (email shall suffice).