If you live in the United States, these Super Broadcaster Program Terms apply.
If you live in the European Union or otherwise outside the United States, these Super Broadcaster Program Terms apply.
Super Broadcaster Program Terms
(if you live in the United States)
Periscope Super Hearts are a way for Periscope users (“users”) to share their enthusiasm with a Broadcaster (“Broadcaster” or “you”) when Broadcasters live-stream Content. These Terms (“Terms”) between you and Twitter (“Twitter” or “we”) govern your participation in the Periscope Super Broadcasters Program allowing select Broadcasters (“Super Broadcasters”) to ask Twitter to redeem Stars for cash as described below.
Your participation in the Periscope Super Broadcasters Program is also subject to the Super Broadcasters Guidelines and the Twitter User Agreement, which comprises the Super Hearts Terms, the Twitter Terms of Service, the Twitter Privacy Policy, and the Periscope Community Guidelines. The Twitter User Agreement and policies, along with any other terms or policies that we post in connection with our Services, are referred to collectively as our “Policies.” Please read these other Policies as certain capitalized terms within these Terms are defined within our Policies. These Terms do not supersede or replace, any of those Policies except that the arbitration remedy set forth in Section 8 of these Terms replaces any other dispute resolution terms set forth in other Policies, including the Twitter Terms of Service, as to disputes related to the Super Broadcaster Program.
IMPORTANT NOTICE: THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN SECTION 8. PLEASE REVIEW THAT SECTION CAREFULLY: IT REQUIRES YOU TO RESOLVE DISPUTES WITH TWITTER REGARDING THESE TERMS OR THE SUPER BROADCASTERS PROGRAM ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION.
1. COINS, SUPER HEARTS, AND STARS: BACKGROUND
Periscope Super Hearts, Coins and Stars work as follows:
Periscope users may buy Coins that are issued by Twitter, solely for use on Periscope, and are offered for sale by Twitter through the Apple App Store and Google Play Store. Coins are not issued at face value for example $5 does not buy you five Coins, or any equivalent electronic monetary value in Coins. Coins are not legal tender. They are not linked to any currency and are not electronic money. Coins are only accepted by Twitter and only as payment for Super Hearts.
Users can exchange Coins for Super Hearts through the Periscope platform and then grant these Super Hearts to Broadcasters to express their enthusiasm for a particular piece of Content. Users select the type of Super Heart or heart they would like to give Broadcasters.
We may then reflect Super Hearts granted to Broadcasters on Periscope as Stars (or by another term), with the conversion of Super Hearts to Stars calculated solely as we see fit. Stars are neither linked to, nor redeemable at, the face value amount paid for Coins.
Broadcasters who are Super Broadcasters may ask Twitter to redeem their Stars for cash, which we will determine as described below (please see Section 2 regarding eligibility for this program.)
IMPORTANT: As we’ve described below, we provide no guarantee that we will redeem Stars for a given sum. Coins, Stars, and Super Hearts are subject to being discontinued, devalued, or limited, as set out below.
2. ELIGIBILITY FOR SUPER BROADCASTER PROGRAM
In order to request that Twitter redeem Stars for money value, we require Broadcasters to be a part of our Super Broadcaster Program. The eligibility requirements and application process for the Super Broadcaster Program can be found here. To be part of the Super Broadcasters program, we may impose additional verification requirements, such as proof of identity or residence, at our discretion.
Please note that employees of Twitter, Our Services and Corporate Affiliates are ineligible for participation in the Super Broadcasters program.
We may approve or deny any request to redeem Stars, in our sole discretion. We may also revoke at any time any Broadcaster’s eligibility to request that Twitter redeem Stars, also in our sole discretion. For instance, where we reasonably believe that a Broadcaster has violated any of our Policies, we may revoke that Broadcaster’s eligibility to request that Twitter redeem Stars.
3. COINS, STARS, AND SUPER HEARTS ARE NOT REAL MONEY
Super Hearts, Coins and Stars are not real money, or electronic money, and should not be used or thought of as if they are. You understand that, and agree to the following rules:
- You acknowledge that Super Hearts, Coins and Stars are not real currency, electronic money, or any type of financial or payment instrument, or linked to any of these. We do not promise that Super Hearts will be reflected as any guaranteed number of Stars, or that Stars can be redeemed for any guaranteed sum of money, or any money at all.
- You agree that we have the sole right to manage, regulate, control, and/or modify the license rights underlying Super Hearts as we see fit.
- You agree that we will not be liable to you, and you will not assert that we are liable to you, based on your grant of Super Hearts to any Broadcaster.
- We likewise make no guarantee as to the quality, value or nature of the Content on the Periscope platform.
4. REDEMPTION OF STARS: PROHIBITIONS
A number of additional rules apply to the acceptance of Super Hearts and redemption of Stars. In particular:
- A Broadcaster may not request that Twitter redeem Stars if the Stars were awarded to Content that violate our Policies.
- Your Star count only includes Stars that you accrue during public broadcasts that are still available on Periscope.
- Stars are not transferable between Periscope accounts.
- You may not provide anyone with anything of monetary value in exchange for their grant of Super Hearts to you, nor may you attach any specific terms to your receipt of Super Hearts from a user (whether on or off the Periscope platform).
- You may not require, or purport to require, that anyone grant you Super Hearts as a condition to view otherwise public Content (whether on or off the Periscope platform). However, Super Broadcasters retain the ability to block users from their broadcasts for other reasons, such as blocking an abusive user.
- Any Stars received based on Super Hearts contrary to these Terms, may be subject to reversal or removal.
- You may not accept Super Hearts as a method of fundraising for a charity, political campaign or other non-profit organization.
- Your use of Super Hearts and Stars must not violate any applicable laws. You promise that your receipt and use of Super Hearts and Stars does not violate any laws applicable to you. You are solely responsible for any breach of any applicable law or this this section.
5. REDEMPTION PAYMENTS AND FEES
- We will redeem stars at a variable rate which will depend on several factors, including the number of total Stars to be redeemed. You understand this, and should have no expectation that any particular redemption rate will apply, or continue to apply over time. We may also charge a redemption fee to Broadcasters seeking to redeem Stars for cash.
- All payments are handled by our third-party payments processor. When we redeem Stars, we will provide payment to you through our payments processor approximately 30 days following the end of the month in which the redemption occurred, except as otherwise set forth herein.
- We will redeem Stars only in U.S. Dollars. Our payments processor will take care of the conversion and provide payment in your local currency if desired. You will be responsible for any conversion fees.
- We will redeem Stars only if you have submitted your current banking or payment information. Our list of cash-out methods is posted here . Please note that select forms of redemption may carry additional processing fees that you are responsible for paying. Redemptions are always conditioned upon any fraud and other legal checks that we or our payment processors may (in our and their sole discretion) put in place.
- If a redemption payment for any month would be less than $100, we will defer payment (at our option) to the next month, or until the sooner of: (a) a redemption amount of $100 has been exceeded; or (b) on a biannual calendar year basis.
- We will not pay, and you understand that you will not be entitled to, any interest on redemption amounts that are delayed.
- You must comply with all Policies as a prerequisite to receiving any payment from us.
- The processing of redemptions in connection with your participation in the Super Broadcasters Program will be subject to the terms, conditions and privacy policies of our payment processor and/or your bank in addition to this Agreement. Twitter will not be responsible or liable for any errors made by the payment processor or your bank.
- If you intend to dispute the sum of any redemption payment, you must notify us in writing within 30 days of the receipt of the payment. Your failure to do this will constitute a waiver of any claim relating to the payment. You may use the following e-mail address to send this notification: superbroadcaster@pscp.tv.
- You may not request that Twitter redeem Stars or participate in the Super Broadcasters Program if you are located in a country, or are on a government list, that would render such redemption a violation of law. This includes any redemption to an individual or entity on OFAC’s Specially Designated Nationals List, or an individual or entity that is otherwise under an applicable embargo by any relevant country or region.
Violation of the above policies may lead to termination of your account and forfeiture of any redemption sums and/or Stars related to your Content.
6. NO GUARANTEE OF STAR REDEMPTION
As described above, we have the right to set the correlation of Super Hearts to Stars in our sole discretion, and to change it over time. We may also add new types or values of Coins, Super Hearts or Stars, or new features of the Periscope Super Hearts Service, in the future.
We also have the right to stop redeeming Stars altogether, in our sole discretion. If we discontinue redemptions, we will provide reasonable notice, to enable final Super Hearts to be assigned and Stars to be redeemed, subject to these Terms.
7. OTHER ACTIONS WE MAY TAKE
In addition to our other rights, we may suspend or terminate your account; or cease providing you with all or part of the Super Broadcasters Program at any time for any reason. In such a case, we will provide reasonable notice under these terms, unless we have good cause not to provide notice, including, but not limited to, if:
- we reasonably believe that you may have violated any of our Policies or you are otherwise in breach of an obligation to us;
- we reasonably believe you are in breach of any applicable law or regulation;
- we are requested or directed to do so by any competent court of law, regulatory authority, or law enforcement agency; or
- we have unexpected technical or security problems.
We will have no liability for removing or disabling access in this way.
We may limit the number of Super Hearts that may be received, or Stars that may be redeemed, by any Broadcaster, based on volume or time frame. We may impose additional limits based on our anti-fraud policies. We may withhold from redemption any Stars that we reasonably believe were accepted due to any breach of our Policies, or that we believe may involve a violation of any law.
Where Stars that have been redeemed by you arose from the grant of Super Hearts that are subject to any chargeback or refund process, or are otherwise disputed, we may suspend, recoup or set-off the redemption payments we made to you, against any future payments to you.
If we are unable to make a payment to you because you have not provided or updated your payment information, we may terminate or suspend your ability to redeem Stars.
8. BINDING ARBITRATION AND CLASS ACTION WAIVER
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
- Initial Dispute Resolution. Our Periscope Support Team is available at https://help.pscp.tv or via email at superbroadcaster@pscp.tv to address any concerns you may have regarding the Service. The parties shall use their best efforts through this Periscope Support process to settle any dispute, claim, question, or disagreement and good faith negotiations which shall be a condition to either party initiating arbitration.
- BINDING ARBITRATION. If we cannot reach an agreed upon resolution with you within a period of 30 days from the time informal dispute resolution under the Initial Dispute Resolution provision, then either you or we may initiate binding arbitration, which will be the sole means to resolve claims, subject to the terms set forth below. Specifically, all claims arising out of or relating to these Terms (including arbitrability of the dispute, as well as formation, performance and breach of this Agreement), and/or anything related to your participation in the Super Broadcasters Program shall be finally resolved exclusively through binding arbitration administered by the JAMS in San Francisco, CA, and through a single mutually agreed upon arbitrator, in accordance with the provisions of the JAMS Comprehensive Arbitration Rules & Procedures, available here, excluding any rules or procedures governing or permitting class actions.
- The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to any claim that all or any part of these Terms are void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator's award shall be written and binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
- The Rules governing the arbitration may be accessed at www.jamsadr.com or by calling JAMS at 1.800.352.5267. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, Twitter will pay the additional cost. If the arbitrator finds the arbitration to be non-frivolous, Twitter will pay all of the actual filing and arbitrator fees for the arbitration, provided your claim and fee does not exceed $75,000. The arbitration rules also permit you to recover attorney's fees in certain cases. The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
- Location. Arbitration shall be initiated in the State of California, County of San Francisco, and you and we each agree to submit to the personal jurisdiction of any federal or state court in the County of San Francisco in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. At your discretion, we agree that you may attend any arbitration proceedings telephonically or videographically, in which case we will agree to do so as well.
- Class Action Waiver. You and we further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
- Exception - Litigation of Small Claims Court Claims
Notwithstanding the parties' decision to resolve all disputes through arbitration, either party may seek relief in a small claims court for disputes or claims within the scope of that court's jurisdiction. - 30-Day Right to Opt Out. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt-out to the following address:
- Changes to this Section. We will provide 60-days' notice of any changes to this particular section of the Terms. Changes will become effective on the 60th day, and will apply prospectively only to any claims arising after the 60th day.
- Disputes Not Subject to Arbitration. For any dispute not subject to arbitration you and we agree to submit to the personal and exclusive jurisdiction of and venue in the federal and state courts located in the County of San Francisco, State of California. You further agree to accept service of process by mail, and hereby waive any and all jurisdictional and venue defenses otherwise available.
- Choice of Law. The Terms and the relationship between you and Twitter shall be governed by the laws of the State of California without regard to conflict of law provisions.
Twitter
Attn: Periscope support
1355 Market Street, Suite 900
San Francisco, CA 94103
Email: superbroadcaster@pscp.tv
The notice must be sent within 30 days of June 21, 2017 or your admittance to the Super Broadcasters Program, whichever is later, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt-out of these arbitration provisions, Twitter also will not be bound by them.
9. YOU ARE NOT OUR EMPLOYEE
You understand that your relationship with us is solely that of a user of our services, as an independent entity. You are not our employee. You maintain all rights and responsibilities for the nature and legality of your Content, the manner in which it is created and offered, and whether you decide to offer it at all.
10. YOU ARE RESPONSIBLE FOR PAYING YOUR TAXES
You are responsible for paying applicable Taxes (as defined below), if any, due to taxing authorities arising from, or in connection with, your request that Twitter redeem Stars. Twitter may deduct or withhold any Taxes that it may be legally obligated to deduct or withhold from any amounts payable to you, and payment to you as reduced by such deductions or withholdings will constitute full payment and settlement of the amounts payable under these Terms. Each party will provide the other party with any tax documentation reasonably necessary to process payments hereunder. As used above, “Taxes” means any income, stamp, sales, use, value-added or other taxes, duties, charges, fees, deductions or withholdings.
11. MODIFICATION OF TERMS
We may revise these Terms from time to time. The changes will not be retroactive, provided that at any time, in our discretion, we may discontinue the use of Super Hearts, Stars and Coins (and the redemption of Stars), and may impose additional restrictions for risk or legal compliance reasons. The most current version of the Terms, which will always be at https://legal.twitter.com/periscope/super/broadcaster-terms will govern our relationship with you. We will try to notify you of material revisions, for example via a service notification or an email to the address associated with your account. By continuing to participate in the Super Broadcasters Program after those revisions become effective, you agree to be bound by the revised Terms.
Effective December 1, 2017
Super Broadcaster Program Terms
(if you live outside of the US)
Periscope Super Hearts are a way for Periscope users (“users”) to share their enthusiasm with a Broadcaster (“Broadcaster” or “you”) when Broadcasters live-stream Content. These Terms (“Terms”) between you and Twitter International Company, an Irish company with its registered office at One Cumberland Place, Fenian Street, Dublin 2, D02 AX07 IRELAND (“Twitter” or “we”) govern your participation in the Periscope Super Broadcasters Program allowing select Broadcasters (“Super Broadcasters”) to ask Twitter to redeem Stars for cash as described below.
Your participation in the Periscope Super Broadcasters Program is also subject to the Super Broadcasters Guidelines and the Twitter User Agreement, which comprises the Super Hearts Terms, the Twitter Terms of Service, the Twitter Privacy Policy, and the Periscope Community Guidelines. The Twitter User Agreement and policies, along with any other terms or policies that we post in connection with the TwitterServices, are referred to collectively as our “Policies.” Please read these other Policies as certain capitalized terms within these Terms are defined within our Policies. These Terms do not supersede or replace any of those Policies.
1. COINS, SUPER HEARTS, AND STARS: BACKGROUND
Periscope Super Hearts, Coins and Stars work as follows:
Periscope users may buy Coins that are issued by Twitter, solely for use on Periscope, and are offered for sale by Twitter through the Apple App Store and Google Play Store. Coins are not issued at face value for example €5 does not buy you five Coins, or any equivalent electronic monetary value in Coins. Coins are not legal tender. They are not linked to any currency and are not electronic money. Coins are only accepted by Twitter and only as payment for Super Hearts.
Users can exchange Coins for Super Hearts through the Periscope platform and then grant these Super Hearts to Broadcasters to express their enthusiasm for a particular piece of Content. Users select the type of Super Heart or heart they would like to give Broadcasters.
We may then reflect Super Hearts granted to Broadcasters on Periscope as Stars (or by another term), with the conversion of Super Hearts to Stars calculated solely as we see fit. Stars are neither linked to, nor redeemable at, the face value amount paid for Coins.
Broadcasters who are Super Broadcasters may ask Twitter to redeem their Stars for cash, which we will determine as described below (please see Section 2 regarding eligibility for this program.)
IMPORTANT: As we’ve described below, we provide no guarantee that we will redeem Stars for a given sum. Coins, Stars, and Super Hearts are subject to being discontinued, devalued, or limited, as set out below.
2. ELIGIBILITY FOR SUPER BROADCASTER PROGRAM
In order to request that Twitter redeem Stars for money value, we require Broadcasters to be a part of our Super Broadcaster Program. The eligibility requirements and application process for the Super Broadcaster Program can be found here. To be part of the Super Broadcasters program, we may impose additional verification requirements, such as proof of identity or residence, at our discretion.
Please note that employees of Twitter, Our Services and Corporate Affiliates are ineligible for participation in the Super Broadcasters program.
We may approve or deny any request to redeem Stars, in our sole discretion. We may also revoke at any time any Broadcaster’s eligibility to request that Twitter redeem Stars, also in our sole discretion. For instance, where we reasonably believe that a Broadcaster has violated any of our Policies, we may revoke that Broadcaster’s eligibility to request that Twitter redeem Stars.
3. COINS, STARS, AND SUPER HEARTS ARE NOT REAL MONEY
Super Hearts, Coins and Stars are not real money, or electronic money, and should not be used or thought of as if they are. You understand that, and agree to the following rules:
- You acknowledge that Super Hearts, Coins and Stars are not real currency, electronic money, or any type of financial or payment instrument, or linked to any of these. We do not promise that Super Hearts will be reflected as any guaranteed number of Stars, or that Stars can be redeemed for any guaranteed sum of money, or any money at all.
- You agree that we have the sole right to manage, regulate, control, and/or modify the license rights underlying Super Hearts as we see fit.
- You agree that we will not be liable to you, and you will not assert that we are liable to you, based on your grant of Super Hearts to any Broadcaster.
- We likewise make no guarantee as to the quality, value or nature of the Content on the Periscope platform.
4. REDEMPTION OF STARS: PROHIBITIONS
A number of additional rules apply to the acceptance of Super Hearts and redemption of Stars. In particular:
- A Broadcaster may not request that Twitter redeem Stars if the Stars were awarded to Content that violate our Policies.
- Your Star count only includes Stars that you accrue during public broadcasts that are still available on Periscope.
- Stars are not transferable between Periscope accounts.
- You may not provide anyone with anything of monetary value in exchange for their grant of Super Hearts to you, nor may you attach any specific terms to your receipt of Super Hearts from a user (whether on or off the Periscope platform).
- You may not require, or purport to require, that anyone grant you Super Hearts as a condition to view otherwise public Content (whether on or off the Periscope platform). However, Super Broadcasters retain the ability to block users from their broadcasts for other reasons, such as blocking an abusive user.
- Any Stars received based on Super Hearts contrary to these Terms, may be subject to reversal or removal.
- You may not accept Super Hearts as a method of fundraising for a charity, political campaign or other non-profit organization.
- Your use of Super Hearts and Stars must not violate any applicable laws. You promise that your receipt and use of Super Hearts and Stars does not violate any laws applicable to you. You are solely responsible for any breach of any applicable law or this this section.
5. REDEMPTION PAYMENTS AND FEES
a. We will redeem stars at a variable rate which will depend on several factors, including the number of total Stars to be redeemed. You understand this, and should have no expectation that any particular redemption rate will apply, or continue to apply over time. We may also charge a redemption fee to Broadcasters seeking to redeem Stars for cash.
- All payments are handled by our third-party payments processor. When we redeem Stars, we will provide payment to you through our payments processor approximately 30 days following the end of the month in which the redemption occurred, except as otherwise set forth herein.
- We will redeem Stars only in U.S. Dollars. Our payments processor will take care of the conversion and provide payment in your local currency if desired. You will be responsible for any conversion fees.
- We will redeem Stars only if you have submitted your current banking or payment information. Our list of cash-out methods is posted here. Please note that select forms of redemption may carry additional processing fees that you are responsible for paying. Redemptions are always conditioned upon any fraud and other legal checks that we or our payment processors may (in our and their sole discretion) put in place.
- If a redemption payment for any month would be less than $100, we will defer payment (at our option) to the next month, or until the sooner of: (a) a redemption amount of $100 has been exceeded; or (b) on a biannual calendar year basis.
- We will not pay, and you understand that you will not be entitled to, any interest on redemption amounts that are delayed.
- You must comply with all Policies as a prerequisite to receiving any payment from us.
- The processing of redemptions in connection with your participation in the Super Broadcasters Program will be subject to the terms, conditions and privacy policies of our payment processor and/or your bank in addition to this Agreement. Twitter will not be responsible or liable for any errors made by the payment processor or your bank.
- If you intend to dispute the sum of any redemption payment, you must notify us in writing within 1 year of the receipt of the payment. Your failure to do this will constitute a waiver of any claim relating to the payment. You may use the following e-mail address to send this notification: superbroadcaster@pscp.tv.
- You may not request that Twitter redeem Stars or participate in the Super Broadcasters Program if you are located in a country, or are on a government list, that would render such redemption a violation of law. This includes any redemption to an individual or entity on OFAC’s Specially Designated Nationals List, or an individual or entity that is otherwise under an applicable embargo by any relevant country or region.
Violation of the above policies may lead to termination of your account and forfeiture of any redemption sums and/or Stars related to your Content.
6. NO GUARANTEE OF STAR REDEMPTION
As described above, we have the right to set the correlation of Super Hearts to Stars in our sole discretion, and to change it over time. We may also add new types or values of Coins, Super Hearts or Stars, or new features of the Periscope Super Hearts Service, in the future. If you do not agree to any changes, you can: (i) stop using Super Hearts and Stars; (ii) turn off your ability to receive Super Hearts during broadcasts; and (iii) contact us to arrange redemption of any outstanding Stars, subject to these Terms. Refer to the Twitter Terms of Service for more information if you wish to delete your Periscope account.
We also have the right to stop redeeming Stars altogether, in our sole discretion. If we discontinue redemptions, we will provide reasonable notice, to enable final Super Hearts to be assigned and Stars to be redeemed, subject to these Terms.
7. OTHER ACTIONS WE MAY TAKE
In addition to our other rights, we may suspend or terminate your account; or cease providing you with all or part of the Super Broadcasters Program at any time for any reason. In such a case, we will provide reasonable notice under these terms, unless we have good cause not to provide notice, including, but not limited to, if:
- we reasonably believe that you may have violated any of our Policies or you are otherwise in breach of an obligation to us;
- we reasonably believe you are in breach of any applicable law or regulation;
- we are requested or directed to do so by any competent court of law, regulatory authority, or law enforcement agency; or
- we have unexpected technical or security problems.
We will have no liability for removing or disabling access in this way.
We may limit the number of Super Hearts that may be received, or Stars that may be redeemed, by any Broadcaster, based on volume or time frame. We may impose additional limits based on our anti-fraud policies. We may withhold from redemption any Stars that we reasonably believe were accepted due to any breach of our Policies, or that we believe may involve a violation of any law.
Where Stars that have been redeemed by you arose from the grant of Super Hearts that are subject to any chargeback or refund process, or are otherwise disputed, we may suspend, recoup or set-off the redemption payments we made to you, against any future payments to you.
If we are unable to make a payment to you because you have not provided or updated your payment information, we may terminate or suspend your ability to redeem Stars.
8. YOU ARE NOT OUR EMPLOYEE
You understand that your relationship with us is solely that of a user of our services, as an independent entity. You are not our employee. You maintain all rights and responsibilities for the nature and legality of your Content, the manner in which it is created and offered, and whether you decide to offer it at all.
9. YOU ARE RESPONSIBLE FOR PAYING YOUR TAXES
You are responsible for paying applicable Taxes (as defined below), if any, due to taxing authorities arising from, or in connection with, your request that Twitter redeem Stars. Twitter may deduct or withhold any Taxes that it may be legally obligated to deduct or withhold from any amounts payable to you, and payment to you as reduced by such deductions or withholdings will constitute full payment and settlement of the amounts payable under these Terms. If a tax authority subsequently finds that Twitter's withholding tax payment was insufficient and requires additional payments, Twitter will make such payments and You will reimburse Twitter for such additional withholding tax payments. Each party will provide the other party with any tax documentation reasonably necessary to process payments hereunder. As used above, “Taxes” means any income, stamp, sales, use, value-added or other taxes, duties, charges, fees, deductions or withholdings.
10. MODIFICATION OF TERMS
We may revise these Terms from time to time. The changes will not be retroactive, provided that at any time, in our discretion, we may discontinue the issue of Coins and, upon reasonable notice, also any use of Super Hearts, Stars and Coins. The most current version of the Terms, which will always be at https://legal.twitter.com/periscope/terms, will govern our relationship with you. Other than for changes addressing new functions or made for legal reasons, we will notify you 30 days in advance of making effective changes to these Terms that impact the rights or obligations of any party to these Terms, for example via a service notification. By continuing to access or use Coins and Super Hearts after those revisions become effective, you agree to be bound by the revised Terms. If you do not agree to any changes, you should stop using Coins and Super Hearts. Refer to the Twitter Terms of Service for more information if you wish to delete your Periscope account.
In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect. Twitter’s failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
These Terms are an agreement between you and Twitter International Company, an Irish company with its registered office at One Cumberland Place, Fenian Street Dublin 2, D02 AX07 Ireland. If you have any questions about these Terms, please contact us at superbroadcaster@pscp.tv.
11. ENTIRE AGREEMENT AND GOVERNING LAW
These Terms (including the Policies) make up the entire agreement between us regarding participation in the Super Broadcasters Program, and supersedes any prior agreements. If you reside in a country where local law excludes the application of the laws of Ireland to your dispute relating to these Terms or Twitter, the laws of your country will apply to your dispute relating to these Terms or Twitter. Similarly, if you reside in a country where the law provides for the jurisdiction of the courts of your country of residence, disputes relating to these Terms or Twitter may be brought before the competent courts of your country of residence. Otherwise you agree that: (i) these Terms, our relationship and any non-contractual obligations arising out of or in connection with these Terms are governed by the laws of Ireland, regardless of conflict of laws principles; and (ii) the Irish courts have exclusive jurisdiction to settle any dispute, or any non-contractual obligation, arising out of or in connection with these Terms.
Effective December 1, 2017