Terms of ServiceLast updated: August 9th, 2019
loots provides a livestreaming platform via https://live.loots.com (The “Site) and related Internet Services (collectively, “The Service(s)”).
Please read these General Terms and Conditions ("Terms") carefully before using any Service of fishwoodco GmbH (“loots”, "us", "we", or "our").These Terms apply to all visitors and other individuals who access or use the Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
Exclusive Application of these Terms
Unless specified otherwise in these Terms, changes, additions and divergences to these Terms are not valid unless confirmed in writing by us.
Subject to these Terms are Creators, Users and anyone visiting https://live.loots.com and/or using or using our Service (“you”, “your”). Any person who uses the Service will be referred to herein as a “User.” Any User who broadcasts on the Service, or to platforms integrated with the Service, will be referred to herein as a “Creator.”
Our Service does not address anyone under the age of 13 (“Minimum Age”). However, if applicable law requires that you must be older in order for us to lawfully provide the Service to you without parental consent (including using of your personal data) then the Minimum Age is such older age. We reserve the right to conduct an age verification process to comply with child protection legislation.
To use the Service, you agree that you must be the “Minimum Age” or have been authorized to use the Service by your parent or legal guardian who is at least 18 years of age and entered into this Agreement on your behalf.
Furthermore, you must not use or access our Service if you have been previously removed or suspended from the Service by loots or if you are barred from receiving our Service under the laws of Germany.
Our Service may provide you with a platform to: (i) send advertising-supported messages (“Sponsored Messages”) to Creators. Sponsored Messages will appear on the livestream and the Creator may receive remuneration for providing the advertising space; (ii) live webcast to other Users audio and video of yourself, as permitted by loots in its sole discretion (each, a “Broadcast”). Your Broadcast may or may not be accompanied by additional content; (iii) view Broadcasts simultaneously with other Users; (iv) link or duplicate your Broadcast to platforms that are integrated with the Service; (v) potentially earn money as a Creator through different monetization features; (vi) make written comments to other Users (“Comments”).
In order to use our Service to its full extent, you need to register an account with us. When doing so, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service. You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
We may request from you a personal identification document or trading license to comply with money transfer legislation.
The creation of multiple accounts per individual is not permitted.
You may be able to send Comments to other Users through our Service. You agree that you (i) are solely responsible for initiating all Comments; (ii) will indemnify and hold loots harmless from any and all claims arising out of your Comments.
Using the Service
You agree that you may not:
- Act in an unlawful or unprofessional manner in connection with our Services, including being dishonest, abusive or discriminatory;
- Violate terms and conditions of any of third party service that you use in connection with our Service. Please check the relevant terms and conditions BEFORE using our Service;
- Post content (specifically Sponsored Messages) that conflicts with the brand it is associated with;
- Use loots in connection with casino games;
- Post inaccurate, defamatory obscene, shocking, hateful, threatening or otherwise inappropriate content or airing personal grievances or disputes;
- Harass, abuse or harm another person;
- Copy, use, disclose or distribute any information obtained from the Service, whether directly or through third parties (such as search engines), without our express prior written consent;
- Develop, support or use software, devices, scripts, robots, or any other means or processes (including crawlers, browser plugins and add-ons, or any other technology or manual work) to scrape the Service or otherwise copy profiles and other data from the Service;
- Violate the intellectual property rights of others, including copyrights, patents, trademarks, trade secrets, or other proprietary rights. You are solely responsible for the content that you submit to the Service; We will not accept any third party legal claim that may arise from it;
- Use our Service for any illegal purpose or in violation of any law or regulation, including, without limitation, laws governing proprietary rights, data protection and privacy.
- Use, disclose or distribute any data obtained in violation of this policy.
You are responsible for any Internet connection or mobile fees and charges that you may incur when accessing the Services.
Intellectual Property; Grant of License
Subject to your complete and ongoing compliance with these Terms, loots grants you a non-exclusive, non-transferable, non-sublicensable, revocable, worldwide and royalty-free right and license to access and use the Service solely in strict compliance with the provisions of these Terms. loots reserves all rights not expressly granted to you in this section.
The Service and the original content associated with it (except for User Content, defined below)), features and functionality are and will remain the exclusive property of us and, if and to the extent applicable, our licensors. The Service is protected by copyright, trademark, and other intellectual property rights. Our trademarks and trade dress may not be used in connection with any product or service without our express prior written consent.
Any content that you submit to or through the Service BY ANY MEANS and THROUGH ANY MEDIA AND FORMATS, is referenced as “User Content”. This explicitly includes, without limitation, any third party content, any audiovisual works, sound recordings or musical works, images, video, audio (including voice), and other works subject to protection under the laws of any jurisdiction, including, but not limited to, patent, trademark, trade secret, and copyright laws.
YOU RETAIN COPYRIGHT AND ANY OTHER PROPRIETARY RIGHTS THAT YOU MAY HOLD IN ANY USER CONTENT THAT YOU SUBMIT TO THE SERVICE SUBJECT TO THE RIGHTS THAT YOU GRANT IN THESE TERMS.
By using our Service, you represent and warrant that (i) you are solely responsible for your User Content and the consequences of posting or publishing it; (ii) your User Content does not infringe or violate any third-party right; (iii) your User Content does not defame any other person. You MUST NOT submit any User Content to or through the Service that you: (i) consider to be confidential or proprietary. Any User Content will be considered by us as non-confidential and non-proprietary, and may be used by loots in accordance with these Terms without notice to you and without any liability to loots; (ii) are not the copyright owner of or are not fully authorized to grant rights in all of the elements of the User Content. This explicitly includes any audiovisual works and sound recordings.
If and to the extent you are submitting User Content to or through our Service, you are granting us a licence to this User Content. The license grants loots the non-exclusive, royalty-free, unrestricted, sub-licensable, assignable, irrevocable, worldwide and perpetual (if permitted under applicable law) right to (i) record, distribute, publicly display and communicate, reproduce, create derivative works from and otherwise use and exploit all User Content in any form, media, format, media or media channels known or hereafter developed or discovered; and (ii) use the identity, name, voice (or other biographical information) that have been submitted in connection with such User Content. All rights are granted without the obligation for loots to pay royalties to you or any third party.
YOU REPRESENT THAT YOU WILL ONLY INCLUDE COMMERCIAL OFFERS IN YOUR USER CONTENT THROUGH FEATURES THAT ARE OFFERED BY OUR SERVICE OR WITH OUR PRIOR EXPRESS WRITTEN CONSENT.
You hereby agree, to the furthest extent permitted by applicable law, that loots 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 us.
We will not be in any way responsible liable for User Content. However, loots reserves the right to, at any time and without prior notice, remove, edit, screen, or block any User Content that in our sole judgment violates these Terms or is otherwise objectionable, such as, without limitation. This includes User Content that we determine could be interpreted to be abusive, harassing, harmful, bigoted, defamatory, infringing, obscene, pornographic, racist, threatening, offensive, unlawful, vulgar or otherwise inappropriate. You herewith agree to waive any legal or equitable right or remedy you have or may have against loots with respect to User Content.
You represent and warrant that you will comply with all applicable laws and regulations regarding Endorsements, Testimonials and Promotions as part of your User Content, including disclosure requirements of any kind.
You may be able to earn money by using our Service (“Earnings”).
You are responsible for providing and maintaining accurate contact and payment information. Prior to making payments to you, we might be legally obliged to conduct certain checks and verifications and request from you certain verification documents (including, without limitation, the address of your primary residence, your full legal name, tax information and copies of related documents). In order to make any payment transaction and to securely collect and store verification documents, we may use a third-party payment processor. All such transactions are subject to the legal terms and privacy policies of our payment processor, such as the PayPal fund claiming policy.
You are responsible for providing and maintaining accurate contact and payment information. We reserve the right to cancel or decline any payment for any reason, including, without limitation, if the payment or related payment information appears to be inaccurate, non-transparent or inappropriate in our sole discretion.
For the avoidance of doubt, any Earning calculated based on and stemming from actions that are (1) fraudulent and/or (2) not performed in good faith are — if committed by you, your legal representative and/or any individual you are using to perform your obligations — deemed not owed.
Earnings will be paid to you on a monthly basis, within 45 days after the end of each calendar month, in US Dollars, deducted by any billing and payment processing fees, such as currency exchange fees, bank fees or monies required to be withheld by tax authorities. loots might provide you the option of selecting among a number of payment methods.
If the total amount of your Earnings is below the currently applicable payment threshold (as set in our FAQ), all Earnings will remain in your Account until you have reached the payment threshold. We reserve the right to offset or adjust any excess payments.
Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service or terminate your account by sending a mail to email@example.com. As a Creator, if your Earnings are below the minimum threshold specified in our FAQ, these earnings will be cancelled.
The following shall survive termination:
- Our rights to use and disclose your feedback;
- Any license you granted to us during the factual use of our Service;
- Sections “Limitation of Liability”, “Governing Law”, “Intellectual Property” of these Terms;
- Any amounts owed by either party prior to termination remain owed after termination, unless the owed amount is less than the minimum payout threshold.
Limitation of Liability
Our liability shall be limited to:
- cases of the absence of a guaranteed feature guaranteed;
- cases of culpable action by us causing death, personal injury or damage to health;
- damages caused by our breach of a cardinal contractual duty (i.e. any obligation indispensable for the proper performance of the contract pursuant to these Terms, upon which you justifiably rely); and
- damages caused by any intentional or grossly negligent action by us.
In case of our breach of a cardinal duty (see above) caused by slight negligence our liability shall be limited to damages typically foreseeable in the process of fulfilling obligations as set forth in the contract.
We expressly disclaim any and all liability in connection with User Content.
Our liability under applicable product liability laws shall remain unaffected.
The aforementioned liability stipulations shall apply mutatis mutandis as regards actions of all our agents, employees, legal representatives and individuals used to perform our obligations.
Save for the aforementioned cases of our liability, we, our directors, employees, partners, agents, suppliers, or affiliates, shall not be liable for indirect, incidental, special, consequential or punitive damages, including, inter alia, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) conduct or content of any third party on the Service; (iii) content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Save for the aforementioned cases of our liability, your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance. We, our subsidiaries, affiliates, and our licensors do not warrant that a) the Service will function in an uninterrupted and/or completely secure manner, nor that it will be available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
The Service is provided strictly independent from any services, contents and/or technical infrastructures provided by any streaming network other than loots. We do not, in any way, represent streaming networks.
Governing Law; Legal Venue
These Terms shall be governed and construed in accordance with the laws of Berlin, Germany, without regard to its conflict of law provisions. Relating to matters associated with actions performed by you as an entrepreneur (, Section 14 para 1 German Civil Code), for any disputes arising out of or in connection with these Terms the courts of Berlin (Germany) shall have exclusive jurisdiction.
No Waiver of Rights
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 14 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
If any provision of these Terms is held by a court to be ineffective, the remaining provisions shall remain in effect, and you shall agree with us on an effective provision which reflects the content and purpose of the ineffective provision to the widest extent possible. The aforementioned mechanism shall apply mutatis mutandis if the aforementioned documents contain a gap.
If you have any questions about these Terms, please contact us.