Welcome to the game video management and streaming platform E.S.F.X. TV consisting of the web site available at E.S.F.X. and all related services, software applications and networks that allow for the authorized streaming and distribution of video content over the internet (the "E.S.F.X. Service"). Certain E.S.F.X. Services are provided to you free-of-charge, while some other E.S.F.X. Services, if you are interested in their accessing, will require a payment.
The following Terms of Service for the E.S.F.X. Service is a legal contract between you, an individual user of at least 13 years of age or a single entity ("You" or, collectively, "Users"), and E.S.F.X. regarding your use of the E.S.F.X. Service.
PLEASE READ CAREFULLY THE FOLLOWING TERMS OF SERVICE. BY REGISTERING FOR, ACCESSING, BROWSING, DOWNLOADING FROM OR USING THE E.S.F.X. SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS. IF AT ANY TIME YOU DO NOT AGREE TO THESE TERMS, PLEASE IMMEDIATELY TERMINATE YOUR USE OF THE E.S.F.X. SERVICE.
NOTE: E.S.F.X. reserves the right, at our discretion, to change, modify, add, or remove any clauses of these Terms at any time. Please check these Terms and any Guidelines periodically for changes. Your continued use of the E.S.F.X. Service after the posting of changes constitutes your binding acceptance of such changes. For any material changes to these Terms, such amended terms will automatically be effective 30 (thirty) days after they are initially posted on the E.S.F.X. Service. We will always make a reasonable effort to notify you if we do change these Terms.
The E.S.F.X. Website and its Accounts
Third Party. The E.S.F.X. website may contain links to third party websites that are not owned or controlled by E.S.F.X. E.S.F.X.. has no control over and assumes no responsibility for the content, privacy policies, or practices of any third party websites. In addition, E.S.F.X. will not and cannot censor or edit the content of any third-party site. By using the E.S.F.X. website, you expressly relieve E.S.F.X. from any and all liabilities arising from your use of any third-party website.
Account Permission. In order to access some features of the Website, you will have to create an E.S.F.X. account. You may never use another's account without permission. Creating your account you agree that the information you provide to E.S.F.X. on registration and at all other times will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you have reason to believe that your account is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of your account ID, password, or any credit, debit or charge card number, if applicable), then you agree to immediately notify E.S.F.X. You may be liable for the losses incurred by E.S.F.X. or others due to any unauthorized use of your E.S.F.X. Service account.
Access and use of the E.S.F.X. services
Age Limitations. The E.S.F.X. Services are not intended to be used by children without involvement and approval of a parent or guardian. If you are under the age of 13, you are not permitted to register with E.S.F.X. or provide your personal information to E.S.F.X. If you are at least 13 but under 18 years of age, you may register with E.S.F.X. only if you have the consent of your parent or guardian.
Ownership. You agree that E.S.F.X. owns and retains all rights to the E.S.F.X. Services. The E.S.F.X. Services are protected by copyright, trademark, and other intellectual property laws.
Incorporation by Reference. Your privacy is important to E.S.F.X. Privacy Notice is hereby incorporated into these Terms by reference. Please read this notice carefully for information relating to E.S.F.X.’s collection, use, and disclosure of your personal information on or from the E.S.F.X. Service.
Your Responsibilities. In order for us to keep the E.S.F.X. Services safe and available for everyone to use, we all have to follow the same rules. You and other users must use the E.S.F.X. Services for lawful and appropriate purposes only. Your commitment to this principle is critical. You agree to observe the E.S.F.X. Services and embedding restrictions detailed above, and further agree that you will not access the E.S.F.X. Site or use the E.S.F.X. Services in a way that:
- violates the rights of others, including patent, trademark, trade secret, copyright, privacy, publicity, or other proprietary rights;
- introduces viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
- damages, disables, overburdens, impairs, or gains unauthorized access to the E.S.F.X. Services, including E.S.F.X. 's servers, computer network, or user accounts;
- defames, harasses, abuses, threatens or defrauds Users of the E.S.F.X. Service, or collects, or attempts to collect, personal information about Users or third parties without their consent;
- removes, modifies, disables, blocks, obscures or otherwise impairs any advertising in connection with the E.S.F.X. Services (including the Content);
- encourages conduct that would constitute a criminal offense or give rise to civil liability;
- violates these Terms or any guidelines or policies posted by E.S.F.X.;
- interferes with any other party's use and enjoyment of the E.S.F.X. Services;
- or attempts to do any of the foregoing.
If E.S.F.X. determines in its sole discretion that you are violating any of these Terms, we may (1) notify you, and (2) use technical measures to block or restrict your access or use of the E.S.F.X. Services. In either case, you agree to immediately stop accessing or using in any way (or attempting to access or use) the E.S.F.X. Services and you agree not to circumvent, avoid, or bypass such restrictions, or otherwise restore or attempt to restore such access or use.
No Spam/Unsolicited Communications. No one may use the E.S.F.X. Services to harvest information about users for the purpose of sending, or to facilitate or encourage the sending of, unsolicited bulk or other communications. You understand that we may take any technical remedies to prevent spam or unsolicited bulk or other communications from entering, utilizing, or remaining within our computer or communications networks.
Suspension/Discontinuation. We hope not to, but we may change, suspend, or discontinue - temporarily or permanently - some or all of the E.S.F.X. Services with respect to any or all users, at any time without notice. You acknowledge that E.S.F.X. may do so in its sole discretion. You also agree that E.S.F.X. will not be liable to you for any modification, suspension, or discontinuance of the E.S.F.X. Services, although if you are a E.S.F.X. paid service subscriber and E.S.F.X. suspends or discontinues any of the E.S.F.X. paid service, E.S.F.X. may, in its sole discretion, provide you with a credit, refund, discount or other form of consideration (for example, we may credit additional days of service to your account). However, if E.S.F.X. terminates your account or suspends or discontinues your access to E.S.F.X. Services due to your violation of these Terms, then you will not be eligible for any such credit, refund, discount or other consideration.
Internet Access Charges. You are responsible for any costs you incur to access the internet.
Customer Service. If you have some questions or issues that needs our help to you, please do not hesitate to contact our customer service department by visiting our customer service web page.
Permissions and Restrictions
- Distribution. You agree that you will not distribute in any medium any part of the Website, including but not limited to User Submissions (defined below), without E.S.F.X.'s prior written authorization.
- Modification. You agree that you will not alter or modify any part of the Website, including but not limited to E.S.F.X.'s Embeddable Player or any of its related technologies.
- Access. You agree that you will not access User Submissions (defined below) or E.S.F.X. website content through any technology or means other than the video playback pages of the Website itself, the E.S.F.X. Embeddable Player, or other explicitly authorized means E.S.F.X. may designate.
- Commercial usage. You agree that you will not use the Website, including the E.S.F.X. Embeddable Player for any commercial use, without the prior written authorization of E.S.F.X.
Prohibited commercial uses include any of the following actions taken without E.S.F.X.'s express approval:
- Sale of Access. Sale of access to the Website or its related services on another website;
- Revenues. Use of the Website or its related services, for the primary purpose of gaining advertising or subscription revenue;
- Sale of Advertising. Sale of advertising, on the E.S.F.X. website or any third-party website, targeted to the content of specific User Submissions or E.S.F.X. content.
Your User Submissions and Conduct
As an E.S.F.X. account holder you may submit video content ("User Videos") and textual content ("User Comments"). User Videos and User Comments are collectively referred to as "User Submissions." You understand that whether or not such User Submissions are published, E.S.F.X. does not guarantee any confidentiality with respect to any User Submissions.
License. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to E.S.F.X., you hereby grant E.S.F.X. a worldwide, non-exclusive, royalty-free and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the E.S.F.X. website and E.S.F.X.'s business, including without limitation for promoting and redistributing part or all of the E.S.F.X. website (and derivative works thereof) in any media formats. You also hereby grant each user of the E.S.F.X. website a non-exclusive license to access your User Submissions through the website, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the website and under these Terms of Service. The above licenses granted by you in User Videos terminate within a commercially reasonable time after you remove or delete your User Videos from the E.S.F.X. Service. You understand and agree, however, that E.S.F.X. may retain, but not display, distribute, or perform, server copies of User Submissions that have been removed or deleted. The above licenses granted by you in User Comments are perpetual and irrevocable.
Copyright. In connection with User Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant E.S.F.X. all of the license rights granted herein.
Termination & Terms of Service Violations
You agree that E.S.F.X., in its sole discretion, for any or no reason, and without penalty, may terminate any account (or any part thereof) you may have with E.S.F.X. or your use of the E.S.F.X. Service and remove and discard all or any part of your account, User profile, and any Broadcaster Content, at any time. E.S.F.X. may also discontinue providing access to the Twitch Service, or any part thereof, with or without notice. You agree that any termination of your access to the E.S.F.X. Service or any account you may have or portion thereof may be effected without prior notice, and you agree that E.S.F.X. will not be liable to you or any third party for any such termination. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies E.S.F.X. may have at law or in equity. As discussed herein, E.S.F.X. does not permit copyright infringing activities on the E.S.F.X. Service, and will terminate access to the Twitch Service, and remove all Broadcaster Content or other content submitted by any Users who are found to be repeat infringers.
Your only remedy with respect to any dissatisfaction with (1) the E.S.F.X. Service, (2) any term of this Terms of Service, (3) any policy or practice of E.S.F.X. in operating the E.S.F.X. Service, or (4) any content or information transmitted through the E.S.F.X. Service, is to terminate this Terms of Service and your account. You may terminate this Terms of Service at any time by discontinuing use of any and all parts of the Twitch Service.
Disclaimers. No Warranties.
To the fullest extent permissible pursuant to applicable law, E.S.F.X., and its affiliates, partners, and suppliers disclaim all warranties, statutory, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. No advice or information, whether oral or written, obtained by you from E.S.F.X. or through the E.S.F.X. service will create any warranty not expressly stated herein. You expressly acknowlege, that the term E.S.F.X. includes E.S.F.X.’s officers, directors, employees, shareholders, agents, licensors and subcontractors.
"As is" and "As available" and "With All Faults".
You expressly agree that the use of the E.S.F.X. service is at your sole risk. The E.S.F.X. service and any data, information, third-party software, content (including broadcaster content), reference sites, services, or applications made available in conjunction with or through the E.S.F.X. service are provided on an "as is" and "as available", "with all faults" basis and without warranties or representations of any kind either express or implied.
Service Operation and Broadcaster Content.
E.S.F.X., its suppliers, licensors, affiliates, and partners do not warrant that the data, content, functions, or any other information offered on or through the E.S.F.X. service or any reference sites will be uninterrupted, or free of errors, viruses or other harmful components and do not warrant that any of the foregoing will be corrected.
E.S.F.X., its suppliers, licensors, affiliates, and partners do not warrant or make any representations regarding the use or the results of the use of the E.S.F.X. service or any reference sites in terms of correctness, accuracy, reliability, or otherwise.
Harm to Your Computer.
You understand and agree that you use, access, download, or otherwise obtain information, materials, or data through the E.S.F.X. service or any reference sites at your own discretion and risk and that you will be solely responsible for any damage to your property (including your computer system) or loss of data that results from the download or use of such material or data.
The security measures to protect broadcaster content used by E.S.F.X. herein are used in conjunction with the broadcaster content "as-is" and with no assurances 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.
Limitation of Liability and Damages.
Limitation of Liability.
Under no circumstances, including, but not limited to, negligence, will E.S.F.X. or its affiliates, contractors, employees, agents, or third-party partners, licensors, or suppliers be liable for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages (including without limitation damages arising from any unsuccessful court action or legal dispute, lost business, lost revenues or loss of anticipated profits or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever) arising out of or relating to these terms or that result from your use or your inability to use the materials (including broadcaster content) on the E.S.F.X. service or any reference sites, or any other interactions with E.S.F.X., even if E.S.F.X. or an E.S.F.X. authorized representative has been advised of the possibility of such damages.
Limitation of Damages.
In no event will E.S.F.X. or its affiliates, contractors, employees, agents, or third-party partners, licensors, or suppliers total liability to you for all damages, losses, and causes of action arising out of or relating to these terms or your use of the E.S.F.X. service or your interaction with other twitch service users (whether in contract, tort including negligence, warranty, or otherwise), exceed the amount paid by you, if any, for accessing the E.S.F.X. service during the twelve (12) months immediately preceding the date of the claim or one hundred us dollars ($100.00), whichever is greater.
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 E.S.F.X. and received through or advertised on the E.S.F.X. service or received through any reference sites.
Basis of the Bargain.
You acknowledge and agree that E.S.F.X. has offered its products and services, set its prices, and entered into these terms in reliance upon the warranty disclaimers and the limitations of liability set forth herein, that the warranty disclaimers and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between you and E.S.F.X., and that the warranty disclaimers and the limitations of liability set forth herein form an essential basis of the bargain between you and E.S.F.X. E.S.F.X. would not be able to provide the E.S.F.X. service to you on an economically reasonable basis without these limitations.
Limitations by Applicable Law.
Certain jurisdictions do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If you reside is such a jurisdiction, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights. The limitations or exclusions of warranties, remedies or liability contained in this terms of service apply to you to the fullest extent such limitations or exclusions are permitted under the laws of the jurisdiction where you are located.