If you live in the United States, these Super Hearts Terms apply.
If you live in the European Union or otherwise outside the United States, these Super Hearts Terms apply.
SUPER HEART TERMS
Periscope Super Hearts are a way for users (“users” or “you”) to share their enthusiasm with a user that is broadcasting on Periscope (“Broadcaster”), when the Broadcaster live-streams on Periscope (“Content”). These terms (“Terms”) between You and Twitter (“Twitter” or “we”) govern your use of Super Hearts, Coins and Stars described below.
Your use of Super Hearts, Coins and Stars is also subject to the Twitter User Agreement which comprises the Twitter Terms of Service, and the Twitter Privacy Policy, as well as the Periscope Community Guidelines. The Twitter User Agreement, along with any other terms or policies that we post in connection with the Twitter 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 the Policies.
1. SUPER HEARTS, STARS AND COINS: 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. The correlation of Coins to Super Hearts is set by us in our sole discretion and may change from time to time. Users select the type of Super Heart or heart they would like to give Broadcasters. When you grant Super Hearts to a Broadcaster, your user name and photo may be displayed depending on the Super Heart you choose.
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. For most Broadcasters, Super Hearts and Stars will simply be a measure of how much users like their Content. Certain Broadcasters may request Twitter redeem their Stars for cash. For Broadcasters to request Twitter redeem their Stars for cash, we require Broadcasters to be a part of our Super Broadcasters Program, which requires an application and approval process. (If you are a Broadcaster and wish to learn more about, or apply to, the program please visit our Super Broadcasters Program page. The Super Broadcaster Program Terms set forth the eligibility, redemption rules, and other restrictions that Broadcasters who seek to join the redemption program must adhere to.) Stars are neither linked to, nor exchangeable for, the face value amount paid for Coins. For example, if a User pays $5 to buy 6,000 Coins, and uses all these Coins to grant Super Hearts to one Super Broadcaster, that Super Broadcaster may not cash out the resulting number of Stars for $5. Stars are not legal tender. They are not linked to any currency and are not electronic money.
As described above, the purchase of Coins and the grant of Super Hearts to Broadcasters does not necessarily result in a redeemable cash amount for the Broadcasters, but is foremost an expression of appreciation of their Content.
We may discontinue the sale, or use of Coins, Super Hearts, and Stars on the Periscope platform, at any time, in our discretion.
2. BUYING COINS
When you buy Coins from Twitter, you are responsible for paying any fees or taxes (including sales, use, value added, goods and services, or other transaction taxes, and withholding taxes) that Apple or Google assess in their app stores. We reserve the right to assess other fees to the purchase of Coins in our sole discretion, provided that we have given advance notice of these fees at the time of or prior to purchase of the Coins.
3. SUPER HEARTS ARE A LIMITED, REVOCABLE LICENSE THAT WE GRANT YOU
Super Hearts are virtual tokens that we license to you. Each Super Heart is in effect a limited license of a virtual token that represents a way that Twitter permits (and encourages) you to express your support for Content that you enjoy or find compelling in a manner permitted by our Policies.
This license is provided solely to and for use by the User who has bought Super Hearts with Coins, through that User’s account. This license is limited in time, personal, worldwide, royalty-free, non-exclusive, non-assignable and may not be sublicensed, encumbered, conveyed or made subject to any right of survivorship or other disposition by operation of law or otherwise, and you agree that any such transfer of Super Hearts is null and void. This license automatically ends once you gift Super Heart(s) to a Broadcaster.
4. SUPER HEARTS, COINS, AND STARS ARE NOT MONEY, AND WE ARE NOT LIABLE FOR YOUR USE OF THEM
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 used to redeem 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.
5. COINS AND SUPER HEARTS ARE NOT REFUNDABLE
Coin purchases are final, non-refundable (except as explicitly set out herein), and have no monetary value.
Super Hearts are subject to a limited, non-exclusive, non-assignable, personal, and non-transferable license to use. You have no property, proprietary, intellectual property, ownership, economic, or monetary interest in the Super Hearts which you buy with Coins, which remain the exclusive property of Twitter (subject only to the limited license set forth in Section 3 and these Terms).
Coins do not have a natural expiration date, but may be retired, revoked or discontinued as set forth in these Terms.
6. USE OF SUPER HEARTS AND COINS: PROHIBITIONS
A number of additional rules apply to the use of Coins and Super Hearts. In particular:
- Coins and Super Hearts are not transferable between Periscope accounts.
- You may not provide with anything of monetary value in exchange for your grant of Super Hearts to them, nor may they attach any specific terms to your grant of Super Hearts from a User (whether on or off the Periscope platform). You agree that you will not accept any such value.
- 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, Broadcasters retain the ability to block users from their broadcasts for other reasons, such as blocking an abusive User.
- Super Hearts and Coins may not be sold by third parties – they can only be issued by Twitter through the Periscope platform. If you see anyone attempting to sell Super Hearts or Coins in this way, please let us know by contacting us at superhearts@pscp.tv.
- If you grant Super Hearts to any Content created by a Super Broadcaster that violates our Policies, including without limitation the Periscope Community Guidelines and the Super Broadcaster Community Guidelines, we may prohibit the Super Broadcaster from redeeming Stars for that Content. We will not provide a refund to you for your grant of Super Hearts in that circumstance.
- You may not grant Super Hearts as a method of donation of funds to a charity, political campaign or other non-profit organization.
- Your use of Coins and Super Hearts must not violate any applicable laws. You promise that your purchase and use of Coins and Super Hearts does not violate any laws applicable to you. You are solely responsible for any breach of any applicable law or this this section.
7. YOU MAY NOT USE SUPER HEARTS IF YOU ARE UNDER 18 YEARS OLD
To use Super Hearts, you must be at least 18 years old, and have the legal authority to enter into this Agreement. By using Super Hearts, you confirm that you are 18 years or older. We may ask you to show proof of your age at any time. If you are at least 16 years of age and less than 18 years of age, then your parent or legal guardian must read and accept this Agreement and your use of Super Hearts.
8. NO GUARANTEE OF STARS
As described above, we have the right to set the correlation of Coins to Super Hearts and Super Hearts to Stars in our sole discretion, and to change it over time, or to add new types or values of Coins, Super Hearts, Stars, or other related Features in the future.
When you grant Super Hearts to a Broadcaster, you also understand that we may, in our sole discretion, deny any particular Broadcaster the ability to accrue Stars for any reason, such as when we believe our Terms or any law may be violated.
In addition, Broadcasters’ Star counts only include Stars that they accrue during broadcasts that are still available for viewing on Periscope. When Broadcasters delete broadcasts, any corresponding Stars will be removed from their total Star count.
9. OTHER ACTIONS WE MAY TAKE
In addition to our other rights, we may suspend or terminate your account; suspend, remove or disable your access to Coins and Super Hearts; or cease providing you with all or part of the Periscope Super Hearts Feature at any time for any or no reason. If you have not used up all the Coins in your account, we will allow you a reasonable period to exchange them for Super Hearts and assign those Super Hearts to Broadcasters, 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;
- 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 granted, Coins that may be purchased, or Stars that may be redeemed, by any User or Broadcaster, based on volume or time frame. We may impose additional limits based on our anti-fraud policies.
We may impose other limits on the use of Super Hearts or Coins, and we may discontinue the use of Super Hearts, Stars and Coins altogether, after a certain date of our selection and at our discretion.
We will make reasonable efforts to notify you the next time you attempt to access your account, depending on the circumstances. In the event of any termination of your account, these Terms shall terminate, including, without limitation, your license to use Super Hearts.
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 use of Super Hearts, Stars and Coins, and the most current version of the Terms, which will always be at https://legal.twitter.com/periscope/super/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 email associated with your account. By continuing to use Coins, Super Hearts and Stars after those revisions become effective, you agree to be bound by the revised Terms.
Effective December 1, 2017
SUPER HEART TERMS
Periscope Super Hearts are a way for users (“users” or “you”) to share their enthusiasm with a user that is broadcasting on Periscope (“Broadcaster”), when the Broadcaster live-streams on Periscope(“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 use of Super Hearts, Coins and Stars described below.
Your use of Super Hearts, Coins and Stars is also subject to the Twitter User Agreement which comprises the Twitter Terms of Service,and the Twitter Privacy Policy, as well as the Periscope Community Guidelines. The Twitter User Agreement, along with any other terms or policies that we post in connection with the Twitter 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 the Policies.
1. SUPER HEARTS, STARS AND COINS: 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. The correlation of Coins to Super Hearts is set by us in our sole discretion and may change from time to time. Users select the type of Super Heart or heart they would like to give Broadcasters. When you grant Super Hearts to a Broadcaster, your user name and photo may be displayed depending on the Super Heart you choose.
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. For most Broadcasters, Super Hearts and Stars will simply be a measure of how much users like their Content. Certain Broadcasters may request Twitter redeem their Stars for cash. For Broadcasters to request Twitter redeem their Stars for cash, we require Broadcasters to be a part of our Super Broadcasters Program, which requires an application and approval process. (If you are a Broadcaster and wish to learn more about, or apply to, the program please visit our Super Broadcasters Program page. The Super Broadcaster Program Terms set forth the eligibility, redemption rules, and other restrictions that Broadcasters who seek to join the redemption program must adhere to.) Stars are neither linked to, nor exchangeable for, the face value amount paid for Coins. For example, if a User pays €5 to buy 6,000 Coins, and uses all these Coins to grant Super Hearts to one Super Broadcaster, that Super Broadcaster may not cash out the resulting number of Stars for €5. Stars are not legal tender. They are not linked to any currency and are not electronic money.
As described above, the purchase of Coins and the grant of Super Hearts to Broadcasters does not necessarily result in a redeemable cash amount for the Broadcasters, but is foremost an expression of appreciation of their Content.
We may discontinue the sale, or use of Coins, Super Hearts, and Stars on the Periscope platform, at any time with reasonable notice, in our discretion.
2. BUYING COINS
When you buy Coins from Twitter, you are responsible for paying any fees or taxes (including sales, use, value added, goods and services, or other transaction taxes, and withholding taxes) that Apple or Google assess in their app stores. We reserve the right to assess other fees to the purchase of Coins in our sole discretion, provided that we have given advance notice of these fees at the time of or prior to purchase of the Coins.
3. SUPER HEARTS ARE A LIMITED, REVOCABLE LICENSE THAT WE GRANT YOU
Super Hearts are virtual tokens that we license to you. Each Super Heart is in effect a limited license of a virtual token that represents a way that Twitter permits (and encourages) you to express your support for Content that you enjoy or find compelling in a manner permitted by our Policies.
This license is provided solely to and for use by the User who has bought Super Hearts with Coins, through that User’s account. This license is limited in time, personal, worldwide, royalty-free, non-exclusive, non-assignable and may not be sublicensed, encumbered, conveyed or made subject to any right of survivorship or other disposition by operation of law or otherwise, and you agree that any such transfer of Super Hearts is null and void. This license automatically ends once you gift Super Heart(s) to a Broadcaster.
4. SUPER HEARTS, COINS, AND STARS ARE NOT MONEY, AND WE ARE NOT LIABLE FOR YOUR USE OF THEM
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 used to redeem 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.
5. COINS AND SUPER HEARTS ARE NOT REFUNDABLE
Coin purchases are final, non-refundable (except as explicitly set out herein), and have no monetary value.
Super Hearts are subject to a limited, non-exclusive, non-assignable, personal, and non-transferable license to use. You have no property, proprietary, intellectual property, ownership, economic, or monetary interest in the Super Hearts which you buy with Coins, which remain the exclusive property of Twitter (subject only to the limited license set forth in Section 3 and these Terms).
Coins do not have a natural expiration date, but may be retired, revoked or discontinued as set forth in these Terms.
6. USE OF SUPER HEARTS AND COINS: PROHIBITIONS
A number of additional rules apply to the use of Coins and Super Hearts. In particular:
- Coins and Super Hearts are not transferable between Periscope accounts.
- You may not provide with anything of monetary value in exchange for your grant of Super Hearts to them, nor may they attach any specific terms to your grant of Super Hearts from a User (whether on or off the Periscope platform). You agree that you will not accept any such value.
- 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, Broadcasters retain the ability to block users from their broadcasts for other reasons, such as blocking an abusive User.
- Super Hearts and Coins may not be sold by third parties – they can only be issued by Twitter through the Periscope platform. If you see anyone attempting to sell Super Hearts or Coins in this way, please let us know by contacting us at superhearts@pscp.tv.
- If you grant Super Hearts to any Content created by a Super Broadcaster that violates our Policies, including without limitation the Periscope Community Guidelines and the Super Broadcaster Community Guidelines we may prohibit the Super Broadcaster from redeeming Stars for that Content. We will not provide a refund to you for your grant of Super Hearts in that circumstance.
- You may not grant Super Hearts as a method of donation of funds to a charity, political campaign or other non-profit organization.
- Your use of Coins and Super Hearts must not violate any applicable laws. You promise that your purchase and use of Coins and Super Hearts does not violate any laws applicable to you. You are solely responsible for any breach of any applicable law or this this section.
7. YOU MAY NOT USE SUPER HEARTS IF YOU ARE UNDER 18 YEARS OLD
To use Super Hearts, you must be at least 18 years old, and have the legal authority to enter into this Agreement. By using Super Hearts, you confirm that you are 18 years or older. We may ask you to show proof of your age at any time. If you meet the minimum legal age in your country, but are less than 18 years old, then your parent or legal guardian must read and accept this Agreement and your use of Super Hearts.
8. NO GUARANTEE OF STARS
As described above, we have the right to set the correlation of Coins to Super Hearts and Super Hearts to Stars in our sole discretion, and to change it over time, or to add new types or values of Coins, Super Hearts, Stars, or other related Features in the future.
When you grant Super Hearts to a Broadcaster, you also understand that we may, in our sole discretion, deny any particular Broadcaster the ability to accrue Stars for any reason, such as when we believe our Terms or any law may be violated.
In addition, Broadcasters’ Star counts only include Stars that they accrue during broadcasts that are still available for viewing on Periscope. When Broadcasters delete broadcasts, any corresponding Stars will be removed from their total Star count.
9. OTHER ACTIONS WE MAY TAKE
In addition to our other rights, we may suspend or terminate your account; suspend, remove or disable your access to Coins and Super Hearts; or cease providing you with all or part of the Periscope Super Hearts Feature at any time for any or no reason. If you have not used up all the Coins in your account, we will allow you a reasonable period to exchange them for Super Hearts and assign those Super Hearts to Broadcasters, 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;
- 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 granted, Coins that may be purchased, or Stars that may be redeemed, by any User or Broadcaster, based on volume or time frame. We may impose additional limits based on our anti-fraud policies.
We may impose other limits on the use of Super Hearts or Coins, and we may discontinue the use of Super Hearts, Stars and Coins altogether, after a certain date of our selection and at our discretion.
We will make reasonable efforts to notify you the next time you attempt to access your account, depending on the circumstances. In the event of any termination of your account, these Terms shall terminate, including, without limitation, your license to use Super Hearts.
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/super/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 superhearts@pscp.tv.
Effective December 1, 2017