TVCO Terms of Service
Last Updated: October 25, 2019
1. Our legal relationship
2. Your Account
2.1. Protecting Your Account. We may make the Application and certain areas of the Website accessible only to Registered Users. If we do so, we will treat anyone who is using your account as “you.” We will provide this user with all of the rights and privileges that we provide to you, and we will hold you responsible for the activities of any person using your account. Since we allow for signing up and logging in to your account through Short Message Service (SMS) text messaging on your mobile device, we recommend that you exercise precautions to safeguard your mobile device and your account information from unauthorized use or access by third-parties, and that you refrain from disclosing your mobile phone number and your account information to anyone who might “pretend” to be you with respect to the Website and your participation in the Services. We also ask that you notify us immediately if you suspect that someone is using your account in this or any inappropriate manner. We are not responsible or liable for any damage or loss related to any unauthorized access or use of your account.
2.2. Adopting a Username. As further explained in Section 11, you shall not adopt a username that impersonates or otherwise suggests some relationship or affiliation with another person or entity. We reserve the right to require changes to any username that violates this policy in our sole discretion.
2.3. Consent to receive SMS text messages. The registration process provides Registered Users with the ability to establish an account through Short Message Service (SMS) text messaging, which allows them to gain access to certain areas of the Website and Application that are accessible only to Registered Users. By becoming a Registered User, you consent to receiving a SMS text message from us as part of the registration process.
2.4. Age Eligibility. YOU MUST BE AT LEAST 18 YEARS OLD TO USE OUR APPLICATION/WEBSITES AND SERVICES. The content on our Application is for MATURE AUDIENCES ONLY, and we do not permit anyone under the age of 18 (or the applicable age of majority in a user's jurisdiction) from downloading, registering, accessing, or otherwise using our Application and any related Services.
3. Our Privacy Practices
4. Your Rights
4.1. Grant of Rights to Registered Users. Subject to Your compliance with these Terms, you are granted a limited, non-exclusive, non-transferable, worldwide right to access, execute, display, perform, and otherwise use the Application and Some Whatever Content (defined below) solely for Your personal purposes, provided that you shall not (i) license, sublicense, sell, resell, distribute or otherwise commercially exploit the Application or the Some Whatever Content to any third party; (ii) modify or make derivative works based upon the Application or Some Whatever Content; or (iii) reverse engineer, reverse compile, or access the Application or Some Whatever Content in order to build a competitive product or service. You may access and view certain other areas of the Website and features of the Application accessible only to Registered Users, for use solely in conjunction with the Application and Services and as provided in these Terms, and you may not modify, copy, distribute, or otherwise use the Application, Some Whatever Content or Services.
4.2. Duration of Rights. You will continue to enjoy your rights under Section 4 (Your Rights) for as long as you are a Registered User, unless your account is revoked or suspended for misconduct, as set out in Section 12 (Suspension of Use).
5. Our IP Rights
The information, software, artwork, text, video material, audio material, articles, pictures, graphics, other media, trademarks, trade dress, logos, brand elements, the look and feel of the Application and Website, and other intellectual property embodied in the Application, Website, or Services (collectively, "Some Whatever Content") are protected by copyright, trademark, and other laws of the United States, as well as international conventions and the laws of other countries, and are owned by and/or licensed to Some Whatever, or are used under the principles of fair use.
Company and its licensors retain all rights with respect to the Application, Website, Services and the Some Whatever Content except those expressly granted to you in these Terms. You agree not to copy, duplicate, publish, display, distribute, modify, upload, share (other than as contemplated in these Terms). or create derivative works from the material presented through the Application, the Website and/or through the Services, in whole or in part, unless specifically authorized in writing by Company.
The trademarks, logos, and service marks displayed on the Website and Application (the “Trademarks”) are the trademarks of Some Whatever and other parties. You do not have, by implication, estoppel, or otherwise, any license or right to use any Trademark without the written permission of Some Whatever or the third party that owns the Trademark specific for each such use. Your use of the Trademarks, except as provided in these Terms, is strictly prohibited. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of the Trademarks inures to the Trademark owner’s benefit, whether Some Whatever or a third party.
Elements of the Website and Application are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including but not limited to the use of framing or mirrors. None of these elements may be retransmitted without our express, written consent for each and every instance.
6. Engaging with Third Parties
The Services contain features that connect you with third parties (including, without limitation, other Registered Users and Verified Users) and third-party content (including, without limitation, live and pre-recorded videos, message boards, Direct Messages, and Linked Sites, as those terms are used throughout these Terms). Your interaction with these third parties are solely between you and such third party. If there is a dispute or disagreement between you and any third party, we are under no obligation to settle the dispute or to become involved in any other way. We recommend you investigate to your satisfaction any third parties with whom you engage on our Application/Website, including sending and receiving Direct Messages, and in videos, message boards, and other features. We are not a party to any agreement between one or more Registered Users.
7. In-App Purchases
7.1. Purchases. Through the Application, the Company may allow you to purchase (“In-App Purchase”) virtual currency such as TVCO coins (“TVCO Coins”) and virtual items and services (“Virtual Goods”). You acknowledge and agree that you are fully responsible for managing such In-App Purchases and the amounts you spend on In-App Purchases. In-App Purchases are designed to enhance the performance of the Services, and no purchase is required in order to use the Application.
7.2. Currency. All charges and payments for TVCO Coins and Virtual Goods will be made in the currency specified at the point of purchase. Currency exchange settlements and foreign transaction fees, if any, are based on your agreement with your payment method provider.
7.3. Permissions. If you are not of legal age in the jurisdiction of your residence, then you must have your parent’s or guardian’s permission to make an In-App Purchase. By completing an In-App Purchase, you are confirming that you have obtained any and all permissions that may be necessary in order to allow you to make that In-App Purchase.
7.4. Replacements. The Company may redistribute previously purchased copies of Virtual Goods, if, in the Company’s sole determination, a purchaser of such Virtual Good received a corrupted or otherwise damaged item. The Company will not charge a Registered User a fee for a redownload. If a Virtual Good you have purchased is corrupted or otherwise damaged, then please send an email explaining the problem and the circumstances under which such problem arose to [email protected]. The Company may terminate, in its sole and absolute discretion, the account of any Registered User that is deemed to be abusing this provision.
7.5. No Refunds. The price for each In-App Purchase will be displayed at the point of purchase. All In-App Purchases are final, and the Company does not offer refunds for any In-App Purchases. For the purposes of this paragraph, an In-App Purchase is complete at the time our servers validate your purchase and the applicable TVCO Coins are successfully credited to your account on our servers. If you cancel your account or if we suspend or terminate your account in accordance with these Terms, you may lose any TVCO Coins you may have, and we will not compensate you for this loss or make any refund to you.
7.6. No Value Outside the Application. TVCO Coins have no monetary value and can never be exchanged for real money, real goods, or real services from us or any third party. TVCO Coins are a centralized virtual currency and, as such, have no speculative value and are not capable of being exchanged on any virtual currency exchange. You acknowledge and agree that TVCO Coins are not transferable to anyone else, and you will not transfer or attempt to transfer any TVCO Coins to anyone else.
7.7. Platform Provider. When you make an In-App Purchase, you are doing so through either Apple iTunes or Google Play ("Platform Provider"), depending on the platform from which you originally downloaded the Application, and you agree to their respective terms and conditions (available at https://www.apple.com/legal/internet-services/itunes/us/terms.html and https://play.google.com/intl/en_us/about/play-terms.html). If you wish to confirm your purchase, or if you have any questions about your purchase, please consult your platform provider.
7.8. Changes to Pricing; Changes to In-App Purchases. The Company may revise the pricing for TVCO Coins and Virtual Goods at any time and may limit the total amount of TVCO Coins that may be purchased at any one time and/or the total amount that may be held in your account in the aggregate. The Company may modify, revalue, or make In-App Purchase more or less common, valuable, effective, or functional. If Company modifies, suspends or terminates any Virtual Goods, then you will forfeit the modified, suspended, or terminated Virtual Goods. Likewise, except as set forth in this section or as required by applicable law, the Company is not responsible for repairing or replacing your Virtual Goods, or providing you with any credit or refund or any other sum, in the event of: (i) the Company’s change, suspension or termination of any Virtual Goods; or (ii) for loss or damage due to Service error, or any other reason. The Company reserves the right to terminate Virtual Goods for cause immediately at its sole discretion without advance notice or liability. In such event you will not be entitled to a pro-rata refund or credit.
7.9. Limitation of Liability With Respect to In-App Purchases. Without limiting Section 7.8 (“Changes to Pricing; Changes to In-App Purchases”), Section 16 (Warranty Disclaimer), Section 17 (General Limitation of Liability), and Section 18 (Indemnity), the Company has no responsibility whatsoever for injuries, losses, or damages of any kind that result from the purchase, possession, or use of any TVCO Coins or Virtual Goods. THE COMPANY IS NOT RESPONSIBLE FOR LOST OR STOLEN USERNAMES AND PASSWORDS, OR ANY LOST OR STOLEN TVCO COINS. THE COMPANY IS UNDER NO OBLIGATION TO CREDIT AN ACCOUNT WITH TVCO COINS THAT MAY HAVE BEEN LOST OR FORFEITED DUE TO CIRCUMSTANCES INCLUDING, BUT NOT LIMITED TO, SOFTWARE MALFUNCTIONS, RE-REGISTRATION, BREACH OF SECURITY, FRAUD OR INADVERTENT ENTRY INTO YOUR ACCOUNT. THE COMPANY’S DECISIONS ON ALL MATTERS RELATING TO YOUR ACCOUNT SHALL BE FINAL AND BINDING IN ALL RESPECTS. THE COMPANY IS NOT RESPONSIBLE FOR CHANGES TO, OR DISCONTINUANCE OF THE IN-APP PURCHASE PROGRAM, OR FOR ANY EFFECT ON OR DEVALUATION OF REWARDS CAUSED BY SUCH CHANGE, DISCONTINUANCE, OR WITHDRAWAL. YOU ARE SOLELY RESPONSIBLE FOR DETERMINING WHETHER YOUR USE OF TVCO COINS COMPLIES WITH APPLICABLE LAW IN THE JURISDICTION YOU RESIDE.
8. Fan Points
8.1. Fan Points. Registered Users can buy TVCO Coins and use those TVCO Coins for the benefit of another Registered User (a "Broadcaster") by, for instance, boosting comments, co-hosting a live broadcast (guest star), and sending animations and other virtual gifts. Broadcasters earn points (“Fan Points”) every time a Registered User uses TVCO Coins for the benefit of such Broadcaster. The Broadcaster will then be able to convert Fan Points into United States Dollars (“USD”), or redeem Fan Points for USD, via PayPal. Fan Points are virtual tokens that are licensed to you. Each Fan Point is, in effect, a limited, non-exclusive, personal, royalty-free, non-transferable and non-assignable license of a virtual token through which the Application enables Broadcasters to monetize their experience using the Application in a manner permitted by our Terms.
8.2. PayPal. Subject to the other terms and conditions herein, Broadcasters may convert Fan Points into USD, or redeem Fan Points for USD, by selecting the “CASH OUT” option within the Application. The use of PayPal shall be subject to the terms, conditions, and privacy policies of PayPal, located at https://www.paypal.com. The Company reserves the right to replace PayPal with another provider of such services at any time.
8.3. Fan Points are Not Money. You acknowledge and agree that Fan Points are not real or electronic money, or any type of financial or payment instrument, or linked to any of these, and are not a substitute for any currency or legal tender. We do not promise that TVCO Coins will be reflected as any guaranteed number of Fan Points, or that Fan Points can be used to redeem any guaranteed sum of money, or any money at all. The coversion rate of Fan Points to USD will be determined by us, in our sole and absolute discretion, and the conversion rate is subject to change at any time. The amount of USD you will receive may be based in part on the type of virtual gifts you receive (whether they be animations, boosted comments, a guest star, or something else), the amounts of such gifts, and the popularity of your content, to be determined in our sole and absolute discretion.
8.4. Validity of Fan Points. Fan Points do not expire, but the Company may, in its sole discretion, extend or revise all, or revoke earned Fan Points in the event of fraudulent or illegal activity or other violation of the Terms. The Company may, in its sole discretion, elect to cancel the Fan Points program. If, however, you have a balance of Fan Points and the Company elects to cancel the Fan Points program or you terminate your use of the Application, the Company may, in its sole discretion, permit you to cash out any Fan Points remaining in your account. The Company is the final authority on your qualification for Fan Points and reserves the right to deduct Fan Points from your account at any time if Fan Points were credited in error. The Company reserves the right to deactivate or terminate your TVCO account under the following circumstances:
8.4.1. Fraudulent activity occurs;
8.4.2. You use the receipt of Fan Points to force another Registered User to take, or omit to take, some action;
8.4.3. You use Fan Points in a manner that violates applicable law;
8.4.4. You request an account closure;
8.4.5. You do not respond to repeated communication attempts regarding the status of your account;
8.4.6. You reside in or relocate to a jurisdiction where Fan Points are prohibited under applicable law; or
8.4.7. Any other reason in accordance with these Terms.
8.5. Fan Points are Non-Transferrable. Fan Points may not be sold, attached, seized, levied upon, pledged, or transferred under any circumstances, including, without limitation, by operation of law. The attempt of any of the foregoing is prohibited, and the Company reserves the right to terminate or deduct Fan Points from your account if you violate these Terms.
8.6. All Fan Points of a Registered User will expire automatically upon deletion or termination of such User’s account for any reason.
8.7. FAN POINTS ARE VOID WHERE PROHIBITED BY LAW.
9.1. Purchasing a Subscription. Subscriptions to exclusive content within the Application (“Subscriptions”) are designed to enhance your experience with the Application, and you are not obligated to purchase a Subscription in order to enjoy our Services. You may purchase a Subscription, if available, by making an In-App Purchase through your Apple iTunes or Google Play account from the profile page of the user you wish to subscribe to, where available. You will be charged a fixed price per month, which we will specify to you in the Application prior to your purchase. Your Subscription will automatically renew unless you cancel at least 24 hours prior to the end of the period for which you paid (“Subscription Period”).
9.2. Termination of Subscription; No Refunds. In certain situations, you may lose access to Subscription-only content, if, for instance, you cancel your Subscription, if the Subscription creator blocks you, if the Subscription creator cancels their Subscription or deletes their account, if your payment method fails, for technical reasons, or for any other reason. If you cancel your Subscription at least 24 hours prior to the end of the Subscription Period, you will retain access to your Subscription through the end of the Payment Period, and your Subscription will not automatically renew. We do not issue refunds for Subscriptions.
9.3. General. While we are not responsible for the quality or timing of Subscription-only content, we may proactively review Subscription-only content, and we investigate reports of potential violations of these Terms. We are constantly testing out new features with the goal of making our Application better, and we may change or stop offering the Subscriptions feature, or restrict your ability to create or access a Subscription, at any time, for any reason, at our sole and absolute discretion. If you encounter any issues with a Subscription, please contact us at [email protected]
10. Rights You Grant Us
10.1. Grant of Rights to Company in User Content. You own the User Content you submit on our Application/Website. However, by submitting User Content, you grant Company the royalty-free, perpetual, irrevocable, non-exclusive, sublicensable, worldwide license to use, copy, reproduce, reformat, index, modify, distribute, perform, publicly display, or prepare derivative works of such content. The purpose of this license is to allow us to operate our Services, promote our Services, and promote your content on our Application/Website. No compensation will be paid with respect to Company's use of your User Content under this grant.
10.2. Registered User Comments/Feedback. Our Website and Application may allow Registered Users to provide comments or feedback regarding our Website, the Application, and our Services. By providing comments/feedback, you grant us the right to use your comments and feedback for the purposes of improving the Application/Website and our Services, and for marketing purposes.
10.3. Rights/Permissions You Must Have in Your Submitted Content. In submitting User Content, you warrant that you have sufficient authority and rights to post such Content and to provide us these use rights.
11. Code of Conduct
As a condition to your use of the Application/Website and the Services, you agree to follow our Code of Conduct (“Code”) set out below. The Code applies to any User Content you submit, including (but not limited to) video broadcasts (live or prerecorded), and comments.
12. Suspension of Use
13. Reports and Complaints
You may find content on the Application/Website that you don’t like but that doesn’t necessarily violate the Code of Conduct. If that happens, you can unfollow or block the person who posted such content. If you believe that a user has acted inappropriately, such as by violating our Code of Conduct, you may report your concerns by contacting us in accordance with Section 25 (Contact Us). If we are notified by a user that he/she believes User Content on the Website and/or the Application does not comply with our Code of Conduct, we will investigate the allegation and determine in good faith, in our sole discretion, whether to remove or block access to such content, or to take action with respect to the person or persons responsible for posting the content.
14. Linked Sites
15. User Conduct & Disputes
Company is not responsible for and is not liable for the User Content or conduct of Registered Users. You are solely responsible for your User Content, conduct, and interaction with other Registered Users, both online or offline. We have no obligation to become involved in disputes between Registered Users. If you have a dispute with one or more Registered Users, you release Company (and our officers, directors, agents, employees, subsidiaries, and affiliates) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.
16. Warranty Disclaimer
We work hard on the Application to ensure it is a positive experience, but your access to and use of the Services or any Some Whatever Content and User Content (collectively, “Content”) are at your own risk. YOU ACKNOWLEDGE THAT THE APPLICATION MAY CONTAIN BUGS, ERRORS, AND OTHER PROBLEMS THAT COULD CAUSE SYSTEM FAILURES. You understand and agree that the Website, Application, and all Services and Content are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, SOME WHATEVER LLC DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. The Company does not make any warranty or representation, and disclaims all responsibility and liability, for: (i) the completeness, accuracy, availability, timeliness, security, reliability, or legality of the Services or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Website or Services or any Content, including harm causes by viruses or similar destructive features; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; and (iv) whether the Services will meet your requirements or specific results or be available on an uninterrupted, secure, or error-free basis. We do not control or direct what people and others do or say, and we are not responsible for their actions or conduct (whether online or offline) or any content they share (including offensive, inappropriate, obscene, unlawful, and other objectionable content).
Some jurisdictions do not allow the exclusion of certain warranties. Therefore, some of the above limitations on warranties in this section may not apply to you.
17. General Limitation of Liability
We cannot always predict what issues might arise with the Services we provide. Therefore, our liability shall be limited to the fullest extent permitted by applicable law. As referenced in Section 6 of these Terms (Engaging with Third Parties), you agree that we are not responsible or liable for any loss or damage of any kind or nature incurred as a result of engaging with third parties on our Application/Website or through our Services; in the event you have a dispute or disagreement with any third party, you release us and our affiliates, and all of our officers, employees, agents, and successors from claims, demands, and damages (actual and consequential) of every kind or nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes or disagreements. UNDER NO CIRCUMSTANCES WILL THE COMPANY BE LIABLE TO YOU, INCLUDING, BUT NOT LIMITED, FOR ANY BREACH OF CONTRACT, TORT, OR NEGLIGENCE, OR FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING ANY LOST PROFITS, REVENUES, INFORMATION, OR DATA) THAT ARISE OUT OF OR ARE RELATED TO THESE TERMS OR YOUR USE OF THE COMPANY WEBSITE, APPLICATION, AND RELATED SERVICES AND CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Under no circumstances will we be held liable for any delay or failure in performance due in whole or in part to any causes beyond our control, such as (i) the performance or nonperformance of third parties, including Verified Users, and (ii) acts of nature, such as fire, explosion, vandalism, cable cut, adverse weather conditions, governmental action, acts of terrorism, strikes and similar lablr difficulties, war, sabotage, outages of third-party connections, utilities, or telecommunications networks, and related failures or degradations.
You agree to defend, indemnify, and hold Company and its subsidiaries, affiliates, officers, directors, agents, and employees harmless from any claims, costs, proceedings, demands, losses, damages, expenses (including, without limitation, reasonable attorney’s fees and legal costs), and any other liability of any kind or nature, arising from or related to (i) any breach or alleged breach of these Terms by you or any third party using your account, (ii) any violation of any laws or regulations by you or any third party using your account, and (iii) any gross negligence or willful misconduct by you or any third party using your account.
19. DMCA Notice
Company respects the intellectual property rights of others and requires that its users do the same. If you are a copyright owner or an agent thereof and believe that any Content on the Application/Website or other activity taking place on the Application/Website constitutes an infringement of a work protected by copyright, you may submit a notification pursuant to the Digital Millennium Copyright Act (17 U.S.C. §512) (the “DMCA”). It is our policy to investigate any allegations of copyright infringement brought to our attention. You may direct alleged copyright infringement notifications to DMCA Agent, 1333a North Ave #210 New Rochelle, NY 10804; by email at [email protected]; or by fax: 347-559-8931. Your notice must comply with the DMCA. Please provide us with the following information in your notice of a suspected copyright violation:
You acknowledge that if you fail to comply with all of the requirements of this section, your notice may not be valid. Please see www.copyright.gov or www.chillingeffects.org/copyright for more information about how to prepare or respond to a DMCA notice.
20. Modifications to these Terms
We may modify and change these Terms over time. We will not "retroactively" change these Terms, and any modifications we make shall take effect proactively, once you next access the Application or Website. Please feel free to print out a copy of these Terms for your records.
21. No Assignment
These Terms shall not be assignable by you, either in whole or in part. Company reserves the right to assign its rights and obligations under these Terms, including, without limitation, in connection with a merger or acquisition, sale of assets or equity, or by operation of law.
22. General Terms
The following provisions shall survive the termination of these Terms and shall apply indefinitely:
Section 5 (Our IP Rights);
Section 16 (Warranty Disclaimer)
Section 17 (General Limitation of Liability);
Section 18 (Indemnity);
Section 21 (No Assignment);
Section 22 (General Terms); and
Section 23 (Survival)
24. Relationship to Other Contracts
23.1. These Terms also include the rules, terms, and conditions (“General Official Rules”) for any contest, sweepstakes, or other promotional initiative (“Contest”). Before participating in any Contest, please review the General Official Rules carefully at: tvco.app/contest-rules.
25. Contact Us
If you have any questions about these Terms, the practices of this Site, your dealings with this Website, or for any other reason, please contact us at: [email protected]
Copyright © 2020 Some Whatever LLC. All Rights Reserved.