Show (as defined below), is the creator and owner of a platform that allows users who stream videos (“Streamers) to connect with companies (“Advertisers“) in order to monetize streams by showing advertisements (“Ads“) in live video streams (collectively “Platform“). If you are a user from outside the United States you are contracting with Show Advertising Ltd. If you are a user in the US, you are contracting with Show Advertising Inc. (collectively “Show“, “us“, “our“, or “we“). These Terms of Service (“Terms“) govern your use of the Platform and the services available thereon (“Services“) as a Streamer. Our Privacy Notice, available at http://show.gg/privacy-policy/ (“Privacy Notice“) governs our collection, processing, and transfer of any Personal Data (as defined in the Privacy Notice). “You” means an individual using the Services as a Streamer.  

 

 

Please read these Terms carefully. By clicking on the button marked “I agree” you assent to these Terms. We may change these Terms from time to time and by continuing to use the Services following any changes, you agree to the amended Terms. If you do not agree to any of these Terms, please do not click the button marked “I agree” and do not use the Services. 

 

 

1. Use of Services 

 

 

1. Subject to these Terms, Show allows you to access and use the Platform and Services on a non-exclusive basis for your own internal commercial purposes and to provide services to third parties. 

 

 

2. Use of and access to the Services is void where prohibited by law. You represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are at least 18 years old, or else are at least 16 years old and have your parent’s or guardian’s permission to enter these Terms, and have the ability to form a binding contract; (d) your use of the Services does not violate any applicable law, regulation, or obligation you may have to a third party; and (e) you shall comply with applicable laws, regulations, including, but not limited to any terms and guidelines related to the platform on which your videos are streamed, throughout your use of the Services. You are solely responsible for ensuring that these Terms are in compliance with all laws, rules, and regulations applicable to you. The right to access the Services is revoked where these Terms or use of the Services is prohibited. 

 

 

2. Account Registration 

 

 

1. In order to use the Services, you will need to have a registered account. You can register by logging in through your Twitch account. When you register through your Twitch account, you will be required to provide Show with certain permissions to your account, including permission to read your email address and live chat. By registering through your Twitch account you represent and warrant that the account is yours and that you have full rights to use the account in connection with the Services and to provide Show with the required permissions.       

 

 

2. Subject to applicable law, Show may refuse to open an account for any individual at its sole discretion. 

 

 

3. You agree to notify us immediately of any unauthorized use of your account. You are solely responsible for the security of your computer system and/or mobile device and all activity on your account, even if such activities were not committed by you. To the fullest extent permitted by applicable law, Show will not be liable for any losses or damage arising from unauthorized use of your account. We do not police for and cannot guarantee that we will learn of or prevent any inappropriate use of the Services. 

 

 

3. Termination of Account 

 

 

1. Show may suspend or terminate your account at any time by providing three (3) days’ prior notice. In addition, Show may suspend or terminate your account with immediate effect and may take any other corrective action it deems appropriate upon occurrence of any of the following events: (i) violation of the letter or spirit of these Terms, (ii) behavior that is fraudulent, harassing, abusive, illegal or harmful to other users, Advertisers, third parties, or the business interests of Show. If your account is terminated, you may not rejoin Show without permission. Show may modify or discontinue the Services for all Streamers at any time. Upon termination of your account, you shall not have any further access to any content or services that may be available through your account. 

 

 

2. We reserve the right to investigate suspected violations of these Terms or illegal and inappropriate behavior through the Services. We will cooperate with any law enforcement authorities or court order directing or requesting that we disclose the identity, behavior of anyone believed to have violated these Terms or to have engaged in illegal behavior in connection with the Services.  

 

 

3. You may request termination of your account at any time by sending an email to coo@show.gg. Following such request, we shall close your account as soon as reasonably practicable. Suspension or termination of your account shall not affect your obligations under these Terms (including but not limited to ownership, indemnification, any representations and warranties made by you, and limitation of liability), which by their sense and context are intended to survive such suspension or termination.  

 

 

4. Placement of Ads 

 

 

1. Through the Platform, you have the opportunity to monetize your streams by having live advertisements (“Ads“) placed in your streaming videos and in the chats accompanying the streaming videos. By default, all Advertisers on the Platform can place Ads in your videos, however, you may change your settings in order to deny specific Advertisers or specific Ads at your discretion. 

 

 

2. There are no restrictions on how you react to the Ads placed in your streams, provided that your reactions are truthful, compliant with law (including but not limited to the FTC’s Guides Concerning the Use of Testimonials and Endorsements in Advertising), and Twitch’s policies, and that your reactions are not offensive or disparaging of the Ad, the Advertiser, or of Show. 

 

 

3. You agree that we may record the streamed video in which Ads have been placed in order to analyze the reactions to the Ad by you and your viewers in order to improve our Services and for purposes of marketing our Product. 

 

 

5. Payments. You will be paid for the placement of Ads in accordance with the applicable terms set by each Advertiser, which may be on a per-impression or per-click basis. In order to receive payments, a virtual wallet will be opened for you with a third-party payment processor and you may be requested to input necessary contact and banking information in order to allow you to receive payments. No amounts may be withdrawn until the balance of the wallet reaches $20. 

 

 

6. Advertising Content. Ads may include various types of content, such as images, links, and animations (“Advertising Content“). SHOW DOES NOT ENDORSE ANY ADVERTISING CONTENT OR ANY OPINION, RECOMMENDATION, OR ADVICE EXPRESSED IN ANY ADVERTISING CONTENT AND EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY IN CONNECTION WITH THE ADVERTISING CONTENT. SHOW DISCLAIMS ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF ANY AND ALL STREAMERS OR ADVERTISERS THAT ARE NOT SOLELY DUE TO SHOW’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, WHETHER SUCH ACTS OR OMISSIONS OCCUR DURING THE USE OF THE SERVICES OR OTHERWISE. 

 

 

7. Video Content Restrictions 

 

 

1. Show places Advertisers’ Ads within the videos that you stream. You represent and warrant that your videos in which Ads are meant to be placed comply with all applicable laws and the terms of the platform on which they are streamed (e.g. Twitch) and that you have all necessary rights, licenses, consents, and authorities required to stream such videos and allow Ads to be placed with such videos. You are and shall remain fully and solely responsible for any videos that you stream. 

 

 

2. Without limiting the above, you agree that you will not have Ads streamed in videos that: (i) violate the legal rights of others; (ii) infringe the intellectual property, moral, publicity, privacy, or other rights of any third party; (iii) is (or you reasonably believe or should reasonably believe to be) in furtherance of any illegal, counterfeiting, fraudulent, pirating, unauthorized, or violent activity; (iv) do not comply with all applicable laws, rules and regulations; (v) contains material that is offensive, including that which promotes, hate, violence, or discrimination; (vi) constitutes a harassment or threat; (vii) contains obscene material; and/or (viii) contains any virus, worm, trojan horse, or other harmful or disruptive component. 

 

 

8. Use Restrictions.  

 

 

1. You may not do or attempt to do or facilitate a third party in doing any of the following: (1) decipher, decompile, disassemble, or reverse-engineer any of the software and/or code, if and as applicable, used to provide the Platform or Services without our prior written authorization, including framing or mirroring any part of the Platform or Services; (2) circumvent, disable, or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any Advertising Content or other content available through the Platform or Services; (3) use the Platform or Services or content thereon in any manner other than as specifically set forth in these Terms; (4) use any robot, spider, site search or retrieval application, or any other manual or automatic device or process to retrieve, index, data-mine, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or Services; (5) use or access another user’s account without permission; (6) use the Platform, Services, or content thereon in any manner not permitted by these Terms or applicable law, including all applicable export laws and regulations to (re)export the Services and/or any related materials in violation of such laws, as detailed below. 

 

 

2. You shall use the Platform and Services in compliance with all applicable laws, including without limitation all applicable encryption and export controls laws. More specifically, you shall not (and shall not allow any third-party to) use the Platform and Services (or allow any third party to use the Platform and Services) to export any data or information: (a) into (or to a national or resident of) any embargoed or terrorist-supporting country; (b) to anyone on the U.S. Commerce Department’s Denied Persons, Entity, or Unverified Lists or the U.S. Treasury Department’s list of Specially Designated Nationals and Consolidated Sanctions list (collectively, “Prohibited Persons”); (c) to any country to which such export or re-export is restricted or prohibited, or as to which the United States government or any agency thereof requires an export license or other governmental approval at the time of export or re-export without first obtaining such license or approval; or (d) otherwise in violation of any export or import restrictions, laws or regulations of any United States or any foreign jurisdiction or authority. You represent and warrant that (i) you are not located in, under the control of, or a national or resident of any such prohibited country, and (ii) you are not a Prohibited Person nor owned, controlled by, or acting on behalf of a Prohibited Person.  

 

 

9. Intellectual Property. Show or its licensors, as the case may be, have all right, title, and interest in the Platform, Services, and any content thereon (excluding Advertising Content), including its overall appearance, text, graphics, graphics design, videos, demos, interfaces, and underlying source files, and all worldwide intellectual property rights, the trademarks, service marks, and logos contained therein, whether registered or unregistered. Except as expressly permitted herein, you may not copy, further develop, reproduce, republish, modify, alter download, post, broadcast, transmit or otherwise use the content of the Platform or Services for any purpose. You will not remove, alter or conceal any copyright, trademark, service mark, or other proprietary rights notices incorporated in the Platform and/or Services. All trademarks are trademarks or registered trademarks of their respective owners. Nothing in these Terms should be construed as granting you any right to use any trademark, service mark, logo, or trade name of Show or any third party. If you provide Show with any feedback regarding the Platform and/or Services, Show may use all such feedback without restriction and shall not be subject to any non-disclosure or non-use obligations in respect of such feedback. 

 

 

10. Disclaimers and Disclaimer of Warranty 

 

 

1. All information and content on the Platform is for informational purposes only and Show provides no guarantees with respect thereto. Your use of the Platform and/or Services is at your sole discretion and risk. The Services and content thereon are provided on an AS IS and AS AVAILABLE basis without warranties of any kind. We do not represent or warrant that Services will be of good quality or useful for your needs and do not guarantee that any Advertisers will be interested in placing Ads in your streams and do not guarantee any minimum revenue from your use of the Platform.  

 

 

2. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE PLATFORM AND/OR SERVICES OR ANY CONTENT THEREON, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING OR COURSE OF PERFORMANCE. WE DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, (I) REGARDING THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS, OR PERFORMANCE OF THE PLATFORM AND/OR SERVICES; (II) THAT THE PLATFORM OR SERVICES WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED; (III) REGARDING THE ACCURACY, QUALITY, CURRENCY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED.  

 

 

3. No advice or information, whether oral or written, obtained by you from us, shall create any warranty that is not expressly stated in these Terms. If you choose to rely on such information, you do so solely at your own risk. Some jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. 

 

 

11. Limitation of Liability 

 

 

1. Without derogating from any of the above, we assume no responsibility for any error, interruption, defect, or delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any materials, Ads, or Services. We are not responsible for any problems or technical malfunction or failure of any telephone network or lines, computer systems or equipment, servers, software, failure due to technical problems or traffic congestion on the Internet or on the Services. We shall not be responsible for any loss or damage, including personal injury or death, resulting from the conduct of any users of the Services. In addition, we assume no responsibility for any incorrect data, including Personal Data provided by you or on your behalf and you hereby represent and warrant that you are solely responsible for any and all data provided to Show, including any incorrect data and you shall assume any and all liability for any consequences of provision of such incorrect data to us.  

 

 

2. IN NO EVENT SHALL SHOW, OR ITS OFFICERS, EMPLOYEES, ASSIGNEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES, INCLUDING BUT NOT LIMITED TO THE QUALITY, ACCURACY, OR UTILITY OF THE INFORMATION PROVIDED, WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER SHOW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW AND IN NO EVENT SHALL OUR MAXIMUM CUMULATIVE LIABILITY TO YOU EXCEED THE AOUNT YOU HAVE BEEN PAID IN THE SIX MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE APPLICABLE CLAIM OR CAUSE OF ACTION AROSE, IF APPLICABLE. IF YOU HAVE NOT RECEIVED ANY PAYMENTS FROM SHOW IN CONNECTION WITH THE SERVICES, THEN SHOW’S MAXIMUM LIABILITY TO YOU SHALL BE $50. 

 

 

12. Indemnification. You agree to indemnify, defend, and hold harmless Show, and its respective employees, directors, officers, subcontractors and agents from and against any and all claims, damages, or costs, losses, liabilities or expenses (including reasonable court costs, attorneys’ fees, and any administrative and/or criminal fines) that arise directly or indirectly from: (a) breach of these Terms by you or anyone using your account and/or computer and/or mobile device, password (whether authorized or unauthorized); (b) any claim, loss or damage experienced from your use or attempted use of (or inability to use) the Platform or Services; (c) your violation of any law or regulation or any of your obligations, representations, or warranties hereunder including but not limited to breach of any privacy and/or data protection laws and regulations to which you are subject; (d) your infringement of any right of any third party; and/or (e) any claim from any viewer of your videos. You may not settle or compromise such suit without our prior written consent. We may be represented in any such suit by counsel of our own choosing at our own expense. 

 

 

13. Notices. Any required notices pursuant to these Terms may be sent by registered mail or email transmission (with electronic confirmation of delivery) to the addresses of the parties hereto set out herein or provided upon registration, as applicable, and any such notice shall be deemed to have been received one (1) business day after delivery by courier, four (4) business days after delivery by registered mail and one (1) business day after email transmission and written confirmation receipt of such transmission. 

 

 

14. Miscellaneous. If you are contracting with Show Advertising Inc., these Terms shall be governed solely by the laws of the State of Delaware, and without regard to the United Nations Convention on the International Sales of Goods and the competent courts in the State of Delaware shall have exclusive jurisdiction to hear any disputes arising hereunder. If you are contracting with Show Advertising Ltd. these Terms shall be governed solely by the laws of the State Israel, and without regard to the United Nations Convention on the International Sales of Goods and the competent courts in the State of Israel shall have exclusive jurisdiction to hear any disputes arising hereunder. In the event that any provision of these Terms is held to be unenforceable, such provision shall be replaced with an enforceable provision which most closely achieves the effect of the original provision, and the remaining terms of these Terms shall remain in full force and effect. Nothing in these Terms creates any agency, employment, joint venture, or partnership relationship between you and Show or enables you to act on behalf of Show. Except as may be expressly stated in these Terms, these Terms constitute the entire agreement between us and you pertaining to the subject matter hereof, and any and all other agreements existing between us and you relating thereto are hereby canceled. We may assign and/or transfer our rights and obligations hereunder to any third party without prior notice. You shall not assign and/or transfer any of your rights or obligations hereunder, and any assignment in violation of the foregoing shall be void. No waiver of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.  

 

 

Last updated: September 2022