Terms and Conditions (“T&Cs”) (English only)
Please read carefully the following legally binding agreement between Proveyourskillz limited (“Proveyourskillz”, “us”, “our” or “we” as appropriate) (Proveyourskillz limited also referred to as the “Operator”) on the one side and you on the other. By clicking the “I agree” button below you acknowledge that you have read and agree to be bound by the Terms and Conditions of this agreement (“Agreement” or “T&C”, “TC” or “ToS” as appropriate). Proveyourskillz limited is a company that was duly registered under Maltese law on 9th October 2012 with company registration number C57869, having its registered address at Suite 20, 4th floor, Valletta buildings, South street, Valletta, Malta, VLT 1103. Proveyourskillz limited operates the website with the domain name http://www.streamers.tips (the “Website”) and provides services offered under the name of StreamersTips (the “Service”).
Proveyourskillz reserves the right to immediately suspend and/or close the account of any user who violates, or whom Proveyourskillz reasonably believes may be or will be violating, these Terms and Conditions of this agreement, at any time without notice. Please, note that if a member's account is closed due to a violation of the T&Cs, Proveyourskillz reserves the right to determine how the user’s account balance will be distributed.
1. Applicability of Terms and Conditions
Welcome to StreamersTips.
The Terms and Conditions apply to the entire website with the domain name http://www.streamers.tips, its services and to all contact between you (“you” or “end user” or “users” as appropriate) and Us.
The “service” consists of sending and receiving by Users multiple types of donations (“Donations” or "Tips" as appropriate). Some of these Donations are purely monetary, while others can be in the form of food or other goods.
Any and all visitors to our Website, despite whether they are registered or not, shall be deemed as "Users" of the herein contained Services provided for the purpose of this T&C. Once an individual registers for our Services for Streamers, through the process of creating an account, the User shall then be considered a "member."
We reserve the right to revise these Terms and Conditions at any time. By your continued use of the Service/Website after such revisions you agree to comply with those revisions. You are responsible for regularly reviewing these Terms and Conditions. There is a hyperlink on the Website which can be used to see the most current version at any time. If you are unsure of any aspects of this Agreement you should seek independent advice before registering. By accepting this Agreement you are also acknowledging and accepting our Privacy and Security Policies which describe how we deal with and protect your personal information.
2. Legal Requirements
You may only use our Service/Website if you are of legal age as determined by the law of the country where you live. In any circumstances, you cannot use our Service/Website if you are under 18 years of age.
The availability of the Service and Website does not construe an offer or invitation by us to use the Service/Website in any country in which such use is illegal. Use of the Service/Website is void wherever prohibited by any applicable law. You accept sole responsibility for determining whether your use of our Service/Website is legal in the country where you live. We further warrant in that respect that it does not intend to enable you to contravene any applicable law. Any use of our Service and/or Website is at your sole option, discretion and risk. By using our Service/Website, you acknowledge that you do not find them to be offensive, objectionable, unfair, or indecent in any way and are not knowingly breaking any laws.
3. Subject Matter of Agreement - Donating and monetizing video streaming
The Service is designed to allow users who broadcast with an audience ("Streamer") to monetize their broadcasts as well as users who watch broadcasts (“Contributor”) to support streamers by sending them multiple types of donations. To this end, streamers, previously registered on the Portal through their email address and profile on Twitch, Youtube or other live streaming platforms, can seek donations. These donations can be sponsored by contributors. By way of clarification, all donations are initiated by the streamer and therefore the streamer and Proveyourskillz acts as a mere intermediary, taking a commission.
Payments will be made through online payment platforms such as PayPal. You warrant that the information you provide to Proveyourskillz is accurate and up to date and will be kept up to date at all times.
It is the User's obligation to immediately notify Operator of any fact that allows the misuse of its user account, such as theft, loss, or unauthorized access to it, in order to proceed to its immediate cancellation.
4. Your Account - Registration
In order to use the Service and Website, you will first need to register for a personal account ( “Account”) either as a Streamer or a Contributor by providing all the information required by our application process, including a nickname and password (“logon details”). You agree to provide accurate, complete and up-to-date information and you further agree to update this information as necessary to keep it accurate, complete and up-to-date. To amend or update these details you can either go to the relevant section of the Website or alternatively contact our support team. By opening an Account you will be able to use the Service and Website. By holding an Account, you accept to comply with this Agreement, and recognize that any failure to comply may result in suspension or termination of your Account. This may include forfeiture of funds and/or legal action against you as appropriate.
The Operator reserves the right to terminate, suspend, modify, remove and/or add to any of the Services at its sole discretion with immediate effect and without notice and we will not be liable for any such action.
The name given by you during registration and stored against your Account must match your true and legal name. This name must match the name on the credit card(s) or other payment accounts used to deposit or receive monies in your Account. A Know Your Client (KYC) procedure will also be carried out upon registration and/or deposit and/or withdrawal of money. It is a criminal offence to impersonate or purport to hold any identity that does not belong to you. You are prohibited from holding more than one Account. If you can no longer access your Account or have any other reason to require a new account, please contact our support team for help. If at any time we discover that an account has been opened fraudulently or using false information we reserve the right to suspend the account pending investigation. The result of said investigation, if conclusive, may result in forfeiture of the account and any funds therein. The Account is personal to the person opening it and cannot be assigned, acquired or otherwise transferred. The transfer of funds between player accounts is also prohibited.
4.1 Inactive Account Maintenance Fee and Account Closure
4.1.1 If you do not logon to your Account with your nickname and password and do not actively perform actions and/or participate in tournaments and events within a period of 90 days your account will be charged a €1.00 Inactive Account Maintenance Fee which will also become due every 30 days, until you again reactivate it and or until the Account is cleared.
4.1.2 If you do not logon to your Account with your nickname and password and do not actively perform actions and/or participate in tournaments and events within a period of 180 days your account will no longer be accessible and all data, information and funds associated with your account will be permanently lost, without any option of them or the account to be re-established in any way.
5. Funding your Account / Payment Transactions
5.1 General
In order to use our Service you will be required to send money to Us and receive money from Us. The Operator will use third-party electronic service providers and/or financial institutions (“Payment Processor/s”) to process such financial transactions. You irrevocably authorize the Operator, as necessary, to instruct such Payment Processors to handle account deposits and withdrawals from your Account as you request. You agree to be bound by the terms and conditions of use of each applicable Payment Processor, and in the event of a conflict between these T&Cs and the Payment Processors' terms and conditions, then these T&Cs shall prevail. You agree that Operator is not liable for any loss caused by any unauthorized use of your credit card or other method of payment by a third-party in connection with your use of the Services or the Site
All payments and payment services through this website are handled by ProveYourSkillz Limited.
5.2 Account Funding
To use our Service you will be required to deposit funds into your Account by any of the methods made available by Us. These funds will be deposited into your account upon authorisation of funds by the Operator and/or its agents. We may apply minimum and maximum limits to these deposits depending upon previous dealings with Us, the method of deposit, and other factors as decided by the Operator. All payments to and from your Account must be paid in the currencies available on the Website. No interest will accrue on any amounts deposited for any period of time in your Account. All payments into your Account must be from a source on which you are the named account holder.
5.3 Payment Transaction
In order to make donations, you must have adequate funds deposited. You accept that any incoming donation less our fee (known as rake) will be credited to your Account while outcoming donation will be debited to your Account. Our fee is calculated in accordance with our fee policy as described on the Website under Rules for each donation option and may vary from time to time at the discretion of Operator. Since our Service is delivered instantly, you cannot cancel or claim a refund for any money/entry fees lost/paid for a game or tournament that you have entered. You hereby waive any cooling-off right that may apply to you in the jurisdiction where you live.
5.4 Withdrawals
Cash out requests are subject to any deposit method or bonus restriction, any other terms of this Agreement and any stipulation as detailed by Operator or on the Website when requesting the withdrawal. You accept that we may withhold any amount from winnings in order to comply with any applicable law and may report all such actions to the appropriate authorities.
All taxes due on any donations incoming to you are your sole liability and responsibility. Payment of funds which you withdraw shall be made by any payment method which Operator selects in its sole discretion. Withdrawals will be processed as soon as possible, although there may be delays due to any security review (see section 7 below) undertaken by Operator and save where Operator holds any such payments in accordance with this Agreement. We apply a minimum withdrawal limit of 15 USD and Users are limited to 1 withdrawal per 24-Hour period.
6. Security
We only allow using Our Service through secured networks using encryption of the user name and password. You cannot use Our Service without passing Our User security login.
You may not use the Service for any commercial use or on behalf of another person. Any use of the Service by you is for your own private purposes only.
You must keep your logon details confidential and should not disclose them to anybody and you should refrain from transferring your nickname and password to others. You may not use anyone else's logon details. You shall be responsible for all transactions conducted in relation to your Account using your password. Every person who identifies him/herself by entering your correct logon details is assumed by Us to be you and all transactions where the logon details have been entered correctly will be regarded as valid.
You must notify the Operator immediately of any unauthorised use or theft of your Account details or any other breach of security. If requested you agree to provide the Operator with evidence of such theft or unauthorised use.
You will not allow any third party to use your Account or to use the Service/Website and you will not use any other person's account or means of payment to access the Service or the Website.
We are using best practice for the encryption of the logon details information, and any other sensitive information transferred to and from Our servers, thus securing you and Us against manipulation attempts by a third party. You will not break in, access or attempt to break in or access or otherwise by-pass Our security. If we have a suspicion that you have attempted to or may be attempting to break in, access or otherwise by-pass Our security, we will be entitled to terminate with immediate effect your access to the Service and/or have your Account blocked, and we reserve the right to inform any applicable authorities.
You have sole responsibility for any and all activities that occur under your Account. If the security of your Account is compromised in any way, we shall not be liable for any loss that you may incur as a result of someone else using your logon details or Account, with or without your knowledge. If you have lost your logon details, or if you feel they have been compromised, please contact Our support team for a replacement.
Operator urges you to undertake all necessary steps to make sure that no minors have access to your user account.
For most computers, it is possible to have a password control so they cannot be accessed without user verification. It is also possible to use specific protection software that allows you to prevent minors in your household to access gambling websites.
7. Security Review
To maintain the security of the Website and Service, Operator reserves the right to conduct security reviews at any time to check the registration data provided by you, to verify your use of Our Services and your financial transactions for potential breach of this Agreement and of applicable law. As such you authorize Us and Our agents to make any inquiries about you and for Us to use and disclose to any third party any data we consider necessary to verify the information you provide to Us or should provide to Us in accordance with this Agreement. In addition, to facilitate these security reviews, you agree to provide such information or documentation as Operator may request. The Service is reviewed at the Operator’s discretion to ensure fairness. This is a very quick process and will only delay payment of winnings for a short period. If we have reason to believe that fraudulent activity has taken place, then the Operator retains the right to not credit any affected accounts until the review is complete and any pending investigation has been completed.
8. Mulfunctions
The Website is not responsible for technical, hardware or software malfunctions, lost or unavailable network connections, disconnections from your game play on your platform, or any incorrect or inaccurate results that may be posted on your online game. You may not: (a) gain unauthorized access to the Website's systems or any account (other than your own), interfere with the communications, procedures or performance of the Website or deliberately damage or undermine the Website; (b) affect the outcome of your online game play on your platform by means of or with the assistance of macros, bots, automated programs, screen analysis utilities, player collusion, any type of modifications, memory readers, telepathy, alien technology or similar methods or to otherwise commit fraud in relation to the Website; or (c) alter the human skill component of any game played on your platform. Any attempt to do so is a violation of both civil and criminal laws and will result not only in the termination of your user account and forfeiture of all winnings, bonuses and incentives to which you would otherwise be entitled, but potentially lead to civil and/or criminal prosecution. The Website, in its sole discretion, reserves the right to terminate any person's account who is suspected of tampering with their game results for the tournament entered, or who otherwise violates these rules and to seek legal enforcement to the greatest extent possible, including referral to criminal prosecution authorities.
9. Collusion and Fraud
We are committed to detecting and preventing software programs, collusion, cheating software, hacks, whether known, unknown or suspected. You acknowledge that the Operator will take measures to investigate and prevent any fraud by using whatever methods deemed necessary and you agree to not use any such software, cheats, hacks, engage in collusive behavior or anything else.
We will not tolerate any kind of fraudulent activity. If for any reason it is the Operator’s opinion that you have cheated or attempted to defraud Us or any other user, or if the Operator suspects you of fraudulent payment, including use of stolen credit cards, or any other fraudulent activity (including any reversal of a payment) or illegal transaction (including money laundering), the Operator reserves the right to consider this activity to be subject to forfeiture and Account closure) as a breach of these Terms and Conditions and to share this information (together with your identity) with other websites, banks, credit card companies, and governmental agencies for the purposes of preventing such activity in the future.
10. Abuse
Abusive or offensive behavior is not tolerated on in-game live chats, Our forums or chats, or otherwise by you on the Website, using the Service or with Our staff. This is particularly true of racial, sexist, obscene, pornographic, blasphemous, defamatory or discriminatory abuse. It is also not permitted to use images which are abusive or discriminatory. Any violation of this policy will result in a suspension of using the Service or such other action, including, but not limited to legal action as may be reasonably required by Us to ensure compliance.
In addition, you may not make untrue, malicious, damaging or defamatory comments with regard to the Website, the Service or Operator’s operation in any media or forum.
11. System Errors
By accepting this Agreement you agree to inform Us as soon as you become aware of any errors with respect to your Account. In all circumstances whereby Operator (in its sole discretion) determines a system error has been used to gain an unfair advantage, the Operator reserves the right to consider this activity to be subject to forfeiture and Account closure.
End Users shall ensure that they have the correct and fulfill the hardware requirements to use the Service, and that they do not compromise the performance of their personal devices by running programs which affect such performance whilst using our services.
Should there be any system failure/system error or failing in the Service, the Operator will seek to return all parties to the monetary position they were in before the error occurred as soon as possible to your Account. If you are entitled to a refund for any reason, the Operator will ensure that matching funds are credited to your Account as soon as possible subject to any processing and verification required by Operator prior to the transaction.
12. Privacy Policy
This Privacy Policy (“Privacy Policy”) is applicable to users who register to Our Website and utilize Service provided thereon. This Privacy Policy does not cover any interaction you may have with Operator by telephone, postal mail, or other offline communications.
For the purposes of EU data protection laws (“Data Protection Law“), Proveyourskillz is data controller (i.e., the company who is responsible for, and controls the processing of, your personal data).
12.1 Notice
Operator respects your privacy and is committed to protecting personal information that you provide in connection with your use of the Service. This Privacy Policy is intended to provide you notice of the Operator’s information practices, including the types of information gathered, how information is used and safeguarded, and how you may control the maintenance and sharing of your information.
By using the Service, you consent to the terms and conditions of this privacy policy and to our processing of personal information for the purposes stated below. If you do not agree to the terms and conditions of this privacy policy, please do not use the Service.
12.2 Collection of Personally Identifiable Information and Other Data
To register an account with Our Service, you must provide an email address and password, verify that you are over the age of 18 and are not a resident of jurisdiction online skilled gaming for money is illegal. Operator will also choose or permit you to choose a nickname. Please note that your nickname will be available to the other Service users while you participate in tournaments and public forums. Your nickname, name, password and email address are collectively referred to as your “Account Information”.
Your personal profile will automatically be populated with your selected nickname, which you are allowed to change. Any information and content that you voluntarily add to your profile, such as your personal image, will be made public by default and will not be subject to this policy. Your nickname and profile will be publicly searchable, and your personal image will appear in search results in addition to your profile.
Should you choose donate in cash, we will ask you to submit your credit card information or other information required by Payment Processor/s. To donate in and withdraw funds, we also may require that you provide certain personally identifiable information, including your first and last name, shipping address, phone number, and Social Security Number (your “Personally Identifiable Information”). Your Personally Identifiable Information is used to verify your identity when you withdraw cash from your account and by us and certain third party service providers to monitor for fraudulent activity and verify that you can legally participate in cash tournaments and withdraw funds. By providing Personally Identifiable Information, you represent to us that it is accurate and complete, and agree to promptly update the information as necessary to ensure that your Personally Identifiable Information remains current. We reserve the right to terminate your access to the Service if for any reason we suspect that you have provided inaccurate Personally Identifiable Information. You should carefully review our Terms and Conditions of Service because they include an agreement from you to indemnify and hold harmless Operator from any losses that result from you providing inaccurate Personally Identifiable Information.
Operator wants to give you the most exciting donating and monetizing experience possible. To help us figure out what you like and dislike about our Service, we may ask for your opinion from time to time. Operator may request and/or collect information from you on a voluntary basis when you:
- Create an account with the Services
- Withdraw or deposit cash from your account (Operator will use third party credit card processing companies to process your transactions. When using a third party processing company, Operator will not have access to your credit card data)
- Enter a shipping and billing address to withdraw cash from your account
- Participate in games, tournaments, promotions or other events provided by Operator
- Send questions or comments to our support team
- Submit your resume to us online
- Fill out online surveys
Operator may also use technology, such as cookies, transparent gifs, frames, server log analysis and other technologies as they are developed, to enhance your experience with the Service. We automatically collect certain aggregate information and analytical data related to your Application usage. Aggregate information is non-personally identifiable or anonymous information about you, including the date and time of your visit, the phone network associated with your mobile device, your mobile device’s operating system or platform, the type of mobile device you use, your mobile device’s unique device ID.
We urge you to keep your password confidential and refrain from sharing it with others. Operator will not disclose, share, sell or rent Personally Identifiable Information to any third party without your prior consent.
12.3 Special Notice Regarding Minors Under 18 Years of Age
Operator respects the privacy of children of all ages. Operator particularly recognizes the sensitivity of personal information concerning minors under the age of 18 and therefore provides this special notice to parents and guardians regarding the collection and use of information collected from minors in this age group.
The Service is not directed towards young children or minors under the age of 18. Operator is intent on complying with applicable laws and regulations regarding minors, including the United States’ Children’s Online Privacy Protection Act. Specifically, Operator will not knowingly collect and maintain any personally identifiable information from children under 18.
If you are a parent or guardian who has discovered that your child has submitted his or her personal information, Operator will make reasonable efforts to delete the information from its database, at your request. To request the deletion of your child’s information, please contact us on Twitter https://twitter.com/streamerstips or Discord https://discord.gg/Fp6vdZP. Be sure to include in your message the nickname, email address and password that your child submitted.
12.4 Use of Information Collected
Except as specifically outlined in this Privacy Policy, we do not share your Personally Identifiable Information or Account Information with non-affiliated third parties without your permission. We may disclose Personally Identifiable Information, aggregated information, such as demographic information, and certain statistical analysis to third party service providers to ensure compliance with applicable laws and monitor for fraudulent activity, and to third party developers who are reviewing or auditing our Services. However, before sharing your information with any such third party, we require that the third party enter into an agreement that requires that third party to keep your information confidential, and prohibits that third party from using your information for any purpose that is not related to the Service.
We disclose information, including Personally Identifiable Information, that we, in good faith, believe is appropriate to cooperate in investigations of fraud or other illegal activity, or to conduct investigations of violations of our Terms and Conditions. For example, this means that if we conduct a fraud investigation and conclude that one side has engaged in deceptive practices, we can give that person or entity’s contact information to victims who request it.
We disclose information, including Personally Identifiable Information, in response to a subpoena, warrant, court order, levy, attachment, order of a court-appointed receiver or other comparable legal process, including subpoenas from private parties in a civil action. If the subpoena seeks information about an identified user or limited group of users, we’ll make reasonable business efforts to contact the user(s) before providing information to the party that requests it. We cannot guarantee that we will be able to contact the user(s) in all cases, whether because of a time limit, court order, inability to effectively contact a user, or for any other reason.
By upgrading an account and providing an email address, users authorize Operator to provide them with important announcements, relevant promotions, and other related communications. Users will always have the opportunity to opt out of these communications at any time.
Your Account Information and certain Personally Identifiable Information is transmitted to a third-party service provider for the purpose of processing any payments. The transmission of your payment information is automatic, and at no point do we, or any of our agents or employees, have the ability to review, access or retain such payment information. For more information on how your payment information is processed, please see the terms and conditions of our third party service providers.
If you elect to process payments using your Paypal account, your payments will be subject to Paypal’s terms of service, located at https://cms.paypal.com/us/cgi-bin/?&cmd=_render-content&content_ID=ua/UserAgreement_full.
Except as set forth herein, Operator does not sell, rent, or otherwise disclose Personally Identifiable Information collected from and about its users to third parties. However, in the event of a merger, acquisition, reorganization, bankruptcy, or other similar event, Operator's customer information may be transferred to Operator’s successor or assign, if permitted by and done in accordance with applicable law.
12.5 Legal basis for processing in the EU
In the EU, the purposes for which we process your personal data are:
Where we need to perform the contract we are about to enter into or have entered into with you for the Service;
Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests; and
Where we need to comply with a legal or regulatory obligation in the EU.
Please contact us on Twitter https://twitter.com/streamerstips or Discord https://discord.gg/Fp6vdZP if you need details about the specific legal basis we are relying on to process your personal data where more than one legal basis has been set out.
12.6 Use of Cache Data
A cache is a component of your mobile device that transparently stores data for record-keeping purposes. Cache data does not identify users, but does identify your mobile device. Most browsers and applications are initially set up to accept such data. We may use such data to assist in data collection to help us better serve you. We also permit third parties who have entered into confidentiality agreements to access such data to help us monitor use of Service for fraud or any other activity that does not comply with applicable laws.
Some of our business partners (e.g., analytical tracking software providers) use cookies and tracking technologies. We have no access to or control over these cookies or tracking technologies. This Privacy Policy covers the use of cookies and cache data on our website and by us only and does not cover the use of cookies or tracking technologies by any such business partner.
12.7 Your rights in respect of your personal information if you are resident in the EU and Switzerland
If you are located in the EU or Switzerland, you have the following rights in respect of your personal data that we hold:
- Right of access. The right to obtain access to your personal data.
- Right to rectification. The right to obtain rectification of your personal data without undue delay where that personal data is inaccurate or incomplete.
- Right to erasure. The right to obtain the erasure of your personal data without undue delay in certain circumstances, such as where the personal data is no longer necessary in relation to the purposes for which it was collected or processed.
- Right to restriction. The right to obtain the restriction of the processing undertaken by us on your personal data in certain circumstances, such as where the accuracy of the personal data is contested by you, for a period enabling us to verify the accuracy of that personal data.
- Right to portability. The right to portability allows you to move, copy or transfer personal data easily from one organization to another.
- Right to object. You have a right to object to processing based on legitimate interests and direct marketing.
If you wish to exercise one of these rights, please, contact us on Twitter https://twitter.com/streamerstips or Discord https://discord.gg/Fp6vdZP.You also have the right to lodge a complaint to your local data protection authority. Further information about how to contact your local data protection authority is available at http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm.
12.8 Account Security
The security of your account relies on your protection of your password. You are responsible for maintaining the security of your password. You are solely responsible for any and all activities that occur under your account. You may not share your password with anyone. We will never ask you to send your password or other sensitive information to us in an email.
Any email or other communication requesting your password or asking you to provide sensitive account information via email should be treated as unauthorized and suspicious and should be reported to us immediately on Twitter https://twitter.com/streamerstips or Discord https://discord.gg/Fp6vdZP. If you do share your password with a third party for any reason, the third party will have access to your account and your personal information, and you may be responsible for actions taken using your password. If you believe someone else has obtained access to your password, please change it immediately. If you believe that an unauthorized access has already occurred please report it immediately on Twitter https://twitter.com/streamerstips or Discord https://discord.gg/Fp6vdZP.
We may have access to your password and may use such password to access your account for debugging, quality assurance, or other internal purposes.
12.9 Data storage and transfer
Your information collected through our Service may be stored and processed in any country in which Operator or its affiliates or service providers maintain facilities. If you are located in regions with laws governing data collection and use that may differ from the European Union law, please note that we may transfer information, including personal information, to a country and jurisdiction that does not have the same data protection laws as your jurisdiction, and we will take all steps reasonably necessary to ensure that any personal data are treated securely and in accordance with this Privacy Policy. Such transfers are made pursuant to appropriate safeguards. If you wish to enquire further about these transfers, please, contact us on Twitter https://twitter.com/streamerstips or Discord https://discord.gg/Fp6vdZP.
For individuals based in the EU or Switzerland, we store personal data for as long as necessary to fulfill the purposes for which we collect the data (see above under “Use of Information Collected”), except if required otherwise by law.
12.10 Postings and uploads to website
All postings and/or uploads to Service’s website will generally be available to, and freely accessible by, other users of the Service as well as the Internet general public. Therefore, users should not expect that any information they post and/or upload will be kept private or confidential and are encouraged to exercise discretion when using the Service. Proveyourskillz is not responsible for events arising from the distribution of any information you choose to publicly post and/or upload and/or share on the website. All information or materials uploaded by you while utilizing the Services is subject to our Terms and Conditions.
12.11 Marketing
From time to time we may contact you with relevant information about our Services. Most messages we send will be by email. For some messages, we may use personal data we collect about you to help us determine the most relevant information to share with you.
If you do not want to receive such messages from us, you will be able to tell us by selecting certain boxes on forms we use when we first collect your contact details. You can change your marketing preferences by clicking on the unsubscribe link at the bottom of our emails.
12.12 Maintaining and Updating Your Account Information
As part of your use of Service, you are responsible for maintaining and updating, as applicable, your Account Information with current and complete information. You may edit and delete portions of your Account Information. To do this, select “Profile” in the main menu, select “Edit” and choose which information to edit or delete. You can also delete your Account entirely. To do this, select “Profile” in the main menu, select “Edit”. Further select “Delete Profile” and request for your account to be deleted.[1] [2]
After receiving any requested changes to your Account Information or Personally Identifiable Information, we will make reasonable efforts to ensure that all of your personal information stored in databases we actively use to operate Service will be updated, corrected, changed, or deleted as appropriate, as soon as reasonably practicable. However, we reserve the right to retain in our archival files any information we remove from or change in our active databases. We may retain such information to resolve disputes, troubleshoot problems, and enforce our Terms and Conditions. In addition, it may not be technologically possible to remove every record of the information you have previously provided us, as a copy may exist in a non-erasable form that will be difficult or impossible for us to locate.
If you are the parent or guardian of a child under the age of 13, and you have discovered that your child created an account and would like to have it deleted, please, contact us on Twitter https://twitter.com/streamerstips or Discord https://discord.gg/Fp6vdZP with your child’s nickname, email address and password.
12.13 Governing Law
This Privacy Policy is governed by the laws of European Union without giving effect to any principles of conflict of law. European Union and other countries have not harmonized their privacy regulations.
12.14 Effective Date; Policy Changes
Each time you use Service, the current version of the Privacy Policy will apply. Accordingly, when you use Service, you should check the date of Terms and Conditions (which appears at the top of Terms and Conditions) and review any changes since the last version. Our business changes frequently and this Privacy Policy is subject to change from time to time. Unless stated otherwise, our current Privacy Policy applies to all information that we have about you. We will not materially change our policies and practices to make them less protective of customer information collected in the past without the consent of affected customers.
13. Your Responsibilities (in addition to those stated elsewhere in this Agreement)
You are fully responsible for all taxes, fees and other costs incidental to and arising from winnings resulting from use of the Service;
You agree that We or a payment processing company on Our behalf will handle all financial account transactions ("Payment Processor"). You hereby agree that the Payment Processor reserves the right to withhold any payments should the Payment Processor have reason to believe or any suspicion that you may be engaging in or have engaged in fraudulent, collusion, unlawful, or improper activity;
You agree to fully pay any and all payments due to Us or any third party in connection with your use of the Service. You further agree not to make any charge-backs and/or renounce or cancel or otherwise reverse any of your due payments and in any such event you will refund and compensate Us for such unpaid payments including any expenses incurred by Us in the process of collecting your payment;
You accept that you are solely responsible for the supply and maintenance of all of the computer equipment and telecommunications networks and internet access services that you need to use in order to access the Service and Website. We will not be liable in any way whatsoever for any loss caused to you by the internet or any telecommunication service provider which you have engaged in order to access to the Service or to the Website;
You acknowledge that if your Account is opened you will fully indemnify Us and hold Us harmless from and against all and any losses, costs, expenses, claims, demands, liabilities and damages however caused that may arise as a result of your (a) entry, use, or reuse of the Website or Service; (b) breach of any of the terms and provisions of this Agreement. You further agree to fully indemnify, defend and hold Us and Our officers, directors, employees, agents, contractors and suppliers harmless, from and against all claims, liabilities, damages, losses, costs and expenses, including legal fees, arising out of any breach of this Agreement by you, and any other liabilities arising out of your use of the Website and/or Service.
14. Your warranties and representations
You warrant and represent that (in addition to your warranties and representations made elsewhere in this Agreement:
- you are acting on your own behalf;
- you are not restricted by limited legal capacity;
- You are not restricted by any legal restriction of criminal or civil law from using the Website
- all details which you give or have given in the process of registering your Account are accurate and that you will continue to update such details should there be any changes.
- you are fully aware of the fact that there is a risk of losing money through the use of the Service to play skill esport games;
- you are not depositing funds originating from criminal and/or unauthorised activities;
- you are not otherwise conducting criminal activities and/or intending to utilise the Account in connection with such activities. You are not using or intending to use or intending to allow any other person to use the Website, Service and the Account for any prohibited or unlawful activity, including but not limited to, fraud or money laundering, under any applicable law in particular your jurisdiction and the laws that apply to Us;
- you are not colluding or attempting to collude or intending to participate, directly or indirectly, in any collusion scheme with any other player in the course of any game or tournament you play or will play using the Service. Neither are you cheating or attempting to commit cheating;
- the debit/credit card details supplied by you in the registration process are those of the registered account holder and the card has not been reported as lost or stolen;
- you are not one of Our officers, directors, employees, consultants or agents or of one of Our suppliers or vendors, and you are not any of their relatives as well (for the purpose of this clause, the term “relative” means spouse, partner, parent, child or sibling). In any event that you have breached this prohibition, among others actions that will be taken against you, you will not be entitled to any of your winnings;
- you have not previously held an account which was suspended or terminated either by Operator, charged back any monies via an Account or maintains a current Account; and
- in opening the Account you will not provide any information or make any statement to us which is untrue, false, incorrect or misleading.
- We reserve the right, at any time and for any reason, at our sole discretion, to: (4) prevent Streamers from withdrawing or accessing Tips that are suspected by Proveyourskillz (at its sole discretion) to be fraudulent or to have been obtained via suspicious activity, such as without streaming, (and in either of such cases, Proveyourskillz shall use reasonable efforts to refund any such Tips to the Viewer who made such payment). Proveyourskillz shall in no event be responsible or liable for: (A) the availability and/or operation of any Payment Provider; (B) the acknowledgment or fulfillment of a Request by any Streamer; (C) any action or default by any Streamer or Viewer or any interaction between a Streamer and a Viewer; and (D) any unfulfilled Tip-payment transaction which results from incorrect payment information provided by the Viewer or which is made not in accordance with these terms.
15. Reservation of Rights
Operator reserves, at its sole discretion, the right to:
- refuse to register any applicant for registration on the Website;
- change our available payment methods and/or our Payment Providers;
- eliminate the option to give and/or receive Donations for any or all Contributors and/or Streamers;
- to limit the number and/or frequency of Tip-payment transactions permitted via the App and/or the Services;
- to make checks on you, including credit checks, with third party credit and financial institutions, in accordance with the information you have provided;
In the event that Operator will suspect fraud or fraudulent activity on your part or any of your payments are charged back, Operator will have the right to withhold any pay-out amounts due to you and if necessary, to lawfully collect any payments owed by you;
Operator may at any time without prior notice to you terminate your use of the Service and block your Account if it considers that you are in breach of any of the terms and provisions of this Agreement or that you are otherwise acting illegally. We will not be under any obligation in such circumstances to refund or otherwise reimburse you for any of the funds in your Account;
We reserve the right, at our sole discretion, to offer and advertise from time to time promotions, bonuses or other special offers and each such offer will be subject to specific terms and conditions which will be valid for a limited period of time. In connection with the specific terms of the above promotions, bonus and special offers, we further reserve the right to withhold any withdrawal amount from your account which will be in excess of your original deposit. In addition, we reserve the right to withhold or otherwise decline or reverse any pay-out or winning amount or amend any policy in the event that we suspect that you are abusing or attempting to abuse any of the following: (i) bonuses; (ii) other promotions; or (iii) specific policy or rules determined in respect of a game or tournament.
In the event of any dispute, our decision will be final and binding. Operator reserves the right to reasonably withhold any pay out or winning amount until the identity of the winning person is verified to Operator’s satisfaction in order to ensure that payment of the winning amount is being made to the correct person
16. Termination
This agreement is effective from the moment of acceptance by clicking on the “I agree” button, and shall remain in force indefinitely unless terminated. You may close your Account and terminate this Agreement at any time by contacting Us on Our Website. You will retain responsibility for all activity on your Account until such closure has been affected by Us. Operator may terminate this Agreement immediately on notice (or attempted notice) to you at the email address you provide. Where Operator has terminated your Account as a result of a failed Security Review or any breach of this Agreement, any Account Balances will be forfeited.
17. Assignment/Transfer of rights
You may not assign, sublicense or otherwise transfer in any manner whatsoever any of your rights or obligations under this Agreement. We reserve the right to transfer, assign, sublicense or pledge this Agreement, in whole or in part, to any person, whether natural or legal, without notice and you will be deemed to consent to such assignment.
18. Limitations and Exclusions
Your participation at the Website and your usage of the Service, is at your sole choice, discretion and risk. We shall not be liable for computer malfunctions or attempts by you to participate in a manner not intended by Operator.
The Service and Website, are provided to you without any warranties, either express or implied (whether by law, statute or otherwise), nor that their functions will meet your requirements or their operation will be problem free.
If, by law, we may not exclude liability or implied warranty, this shall be limited to the minimum permitted under the relevant law.
This Agreement and its contents do not exclude any liability we may have in respect of fraud or death or personal injury caused by our negligence.
Our maximum liability to you or any third party arising out of this Agreement or your use of the Website or Service, whether for breach of contract, tort (including negligence) or otherwise, will be limited to the amount, if any, you have paid in tournament entrance fees in the previous 12 months.
19. Amendments to the Agreement
You fully understand and agree to be bound by this Agreement and as amended by Operator at its discretion. Operator may amend this Agreement at any time by publishing the amended Agreement on the relevant page of the Website. Any such change is effective upon publication.
Your continued use of the Service following publication will be deemed as binding acceptance of the changes. If you are unwilling to accept any such change, your only option is to terminate this Agreement by way of requesting Account closure. It is your sole responsibility to review this Agreement and any changes at all times. This Agreement and the documents referred to within it represent the complete and final Agreement between you and us and take precedence over any and all prior Agreements between you and us.
This Agreement is written and only available in English, if this Agreement is translated into another language, the English version will prevail.
20. Governing Law
These Terms and Conditions are governed by the laws of Malta excluding its choice of law provisions. You hereby irrevocably consent to submit to the jurisdiction of the Maltese Courts. You further agree that any legal dispute shall be resolved on an individual basis, and not as any kind of class action.
The illegality, invalidity or enforceability of any part of this agreement will not affect the legality, validity or enforceability of the remainder.
These Terms & Conditions were last updated 16, July 2019.
If you have any questions please feel free to contact our customer support on Twitter https://twitter.com/streamerstips or Discord https://discord.gg/Fp6vdZP.