The Platform is provided solely to:
- Assist you in gathering information about the various types of Campaigns available on the Platform, the profiles and history of Advertisers and Streamers involved in same and prices therefor;
- Enable you to share information about you to others on the Platform in connection with a Campaign;
- Process payments among Campaign parties (“Services”).
PowerSpike may unilaterally amend these Terms for any or no reason at any time upon thirty (30) days’ notice. Your continued access to or use of the Platform after such amendments are effective shall be deemed acceptance of same. PowerSpike will not provide you direct notice of same and a change to these Terms as available on the Website shall be deemed sufficient notice. The Platform’s functions and functionality may be revised at any time for any or no reason without notice.
By utilizing the Platform, you shall be deemed to continually represent:
- You are at least eighteen (18) years of age;
- You have authority to enter into these Terms;
- You accept these Terms;
- The veracity of all information you supply to or on the Platform.
You understand that PowerSpike may, at any time for any or no reason, revoke your access to the Platform.
You grant to PowerSpike a worldwide, transferrable, irrevocable, royalty-free license to access and keep all content, information, electronic or otherwise that you enter into the Platform or Website or which you permit us to collect from your computer or server any third-party server, including all derivative works thereof, as necessary to meet PowerSpike’s obligations or normal course of operations, or comply with law or data retention policies. Such license will apply after termination of the Services or your User Account. You also grant such a license to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform any such content and information throughout the world in any media.
In order to access the Platform or any of the Services hereunder, you must enter required data for a user account (“User Account”) and choose a username and password (“User ID”), all of which must be approved by PowerSpike. You agree to keep the User ID secure and will not allow any third party access to it or to the Platform or Website through your User Account. You may contact PowerSpike to cancel your User Account at any time and, if you so cancel, you will lose all details therein and use of the Services, including access to any Campaign Agreement.
TERM AND TERMINATION
PowerSpike may in its sole discretion disable your User Account at anytime and without note and, if so, you will lose access to all details therein and use of the Services, including access to any Campaign Agreement.
You may view the public information of others registered on the Platform who have allowed you such access. Advertisers and Streamers may select each other for Campaigns and enter into a separate agreement with each other through the Platform, upon such legal terms and conditions as they agree (“Campaign Agreement”). Each of the parties to a Campaign Agreement are independent from PowerSpike.
POWERSPIKE MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE INDIVIDUAL PARTIES, THEIR EXPERIENCE, QUALITY OF SERVICES, INSURANCE STATUS, OR LEGITIMACY. FOR CAMPAIGN AGREEMENTS WE OPERATE ONLY AS AN INTERMEDIARY BETWEEN THE PARTIES, ALLOWING THEM TO CONTACT EACH OTHER AND COLLECTING PAYMENT FOR REMITTANCE LESS A FEE FOR OUR SERVICES.
Parties’ interactions with each other and any other terms, conditions, warranties or representations associated with such dealings, are solely between those parties. Each party must make whatever investigation it feels necessary or appropriate before proceeding with any interaction or Campaign Agreement. PowerSpike shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. Notwithstanding the foregoing, in no event shall any parties be permitted, for one year from the later of (i) any contact made with each other on the Platform or (ii) termination of any Campaign Agreement between same, to contract with each other or any affiliates thereof without payments thereunder being remitted through PowerSpike and without applicable fees to PowerSpike being paid therefor. If parties enter into any Campaign Agreement, through the Campaign or otherwise, each must notify PowerSpike within seven (7) days of the date thereof. Upon effectiveness of such Campaign Agreement, PowerSpike will immediately collect fifteen percent (15%) of the total possible fee thereunder from the Advertiser. Upon a Streamer’s completion of any services under such Campaign Agreement, the fee for same will be collected from the Advertiser. Fifteen percent (15%) of same shall be retained by PowerSpike and the rest remitted to the Streamer. If any payments in connection with a Campaign Agreement are made by an Advertiser, other than through the Platform, thirty percent (30%) of same shall be paid to PowerSpike within fifteen (15) days of such payment. All fees due hereunder to PowerSpike shall be owed and paid if, in PowerSpike’s reasonable determination, the Streamer substantially performed same. PowerSpike may withhold payments to comply with applicable law or to comply with law enforcement requests.
REVIEWS AND COMMENTS
In the event you choose to comment or review other parties on the Platform, PowerSpike has no liability therefor. PowerSpike may allow or disallow such reviews or comments or may remove same at its sole discretion. You shall not post or transmit to or from the Platform: (i) any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material or content that would violate rights of publicity and/or privacy, or that would violate any law or regulation(including but not limited to any FTC regulation); or (ii) any material or content that infringes, misappropriates or violates any copyright, trademark, patent right or other proprietary right of any third party.
All Content on the Platform and Website belongs exclusively to PowerSpike and are protected by state and federal intellectual property laws. You gain no rights to same unless expressly set forth hereunder.
Please visit https://power-spike.com/privacy-policy/
NO UNLAWFUL OR PROHIBITED USE
You are solely responsible for ensuring that these Terms are in compliance with all laws, rules and regulations applicable to You. As a condition of use, You promise not to use the Webite or Platform for any purpose that is not expressly permitted by these Terms. You shall not take any action that attempts to
- Interfere or has the effect of interfering with the proper working of the Website or Platform
- Bypass any security measures of the Website or Platform
- Collect, use or scrape any content from the Website or Platform
- Modify, appropriate, reproduce, distribute, reverse engineer, mine, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Website or Platform content, except as expressly authorized by the Terms.
All parties must clearly and conspicuously disclose any material connection between them, such as, but not exclusively, exchange of anything of value or free use of products or services. You are responsible for ensuring your compliance with same and you agree to indemnify and defend PowerSpike from any non-compliance. Guidance for such compliance may be found at https://www.ftc.gov/tips-advice/business-center/guidance/ftcs-endorsement-guides-what-people-are-asking
. If PowerSpike determines in its sole discretion that any communication does not comply with FTC regulations, PowerSpike may require you modify or remove same, or we may take any action we deem appropriate.
THIRD PARTY WEBSITES
The Platform or Website may reference or link to third party websites, which you may access at your own risk, which PowerSpike does not endorse and which are not under PowerSpike’s control. PowerSpike may allow you to link your User Account with other online services with whom you have an account such as YouTube or Twitch (“Third-Party Service”) and you may permit same by allowing PowerSpike access to such account, but only to the extent permitted under such account. You warrant that there is no prohibition on your granting such access to PowerSpike and that PowerSpike will not be liable for any obligations or amounts thereunder. Any data or information on such account will be treated the same as any other data or information submitted to the Platform or Website as set forth hereunder. You agree that PowerSpike may obtain information from, and submit information to, the applicable Third Party Services. You must ensure that such accounts remain accessible to PowerSpike. All of our interactions with any Third Party Service are governed by your user agreement with same. We cannot guarantee that our Services will always include a connection to such Third Party Service.
All use of the Platform or Website is done at your own risk. PowerSpike makes no representation of compatibility or functionality. You may encounter viruses or similar contaminating devices, and you must ensure your own system’s and devices’ compatibility and security.
DISCLAIMER AND LIMITATION OF LIABILITY
WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO ANY PARTIES, THEIR CREDENTIALS, EXPERIENCE, QUALITY OF SERVICES, INSURANCE STATUS, CERTIFICATION, LICENSE OR LEGITIMACY. WE OPERATE ONLY AS AN INTERMEDIARY BETWEEN PARTIES.
In the event of damage to person or property, your recourse is against the party responsible therefor only. We are not obligated to, and we will not, take part in any dispute. Our maximum liability to you will be a refund of any amounts paid by you to us for the Services out of which any dispute or damages arose. In the event of any such damages or dispute, you hereby release us, our officers, employees, agents, employees, affiliates, representatives and successors from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, direct or indirect, disclosed and undisclosed, arising out of or in any way related to such disputes. You agree to take reasonable precautions and exercise the utmost care in all interactions with any individual or entity you come into contact with during your use of the Website or Platform.
YOUR USE OF THE WEBSITE AND PLATFORM IS SOLELY AT YOUR OWN RISK. OUR WEBSITE AND THE PLATFORM ARE PROVIDED “AS IS,” “AS AVAILABLE” AND ARE PROVIDED WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED, SAVE TO THE EXTENT REQUIRED BY LAW. WE DO NOT WARRANT THAT:
- THE WEBSITE OR PLATFORM WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION;
- ANY DEFECTS OR ERRORS WILL BE CORRECTED;
- ANY CONTENT AVAILABLE AT OR THROUGH THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
- THE RESULTS OF USING THE WEBSITE OR PLATFORM WILL MEET YOUR REQUIREMENTS AS TO QUALITY OR TIMELINESS.
ALL LIABILITY OF US, OUR DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS, CONTENT PROVIDERS, OFFICERS AND SUCCESSORS HOWSOEVER ARISING FOR ANY LOSS SUFFERED AS A RESULT OF YOUR USE OF THE WEBSITE OR PLATFORM IS EXPRESSLY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW, SAVE THAT, IF A COURT OF COMPETENT JURISDICTION DETERMINES THAT LIABILITY OF US, OUR DIRECTORS, EMPLOYEES, OFFICERS, AGENTS, REPRESENTATIVES, AFFILIATES, PARTNERS, SUPPLIERS, CONTENT PROVIDERS OR SUCCESSORS (AS APPLICABLE) (THE “PS ENTITIES”) HAS ARISEN, THE TOTAL OF SUCH LIABILITY SHALL BE LIMITED IN THE AGGREGATE TO ONE HUNDRED U.S. DOLLARS ($100.00). TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE PS ENTITES BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY OR OTHERWISE (AND WHETHER OR NOT ANY OF SUCH PERSONS OR ENTITIES HAD PRIOR KNOWLEDGE OF THE CIRCUMSTANCES GIVING RISE TO SUCH LOSS OR DAMAGE) WITH RESPECT TO THE SITE OR SERVICES FOR: INDIRECT OR CONSEQUENTIAL LOSSES OR DAMAGES; LOSS OF ACTUAL OR ANTICIPATED PROFITS; LOSS OF REVENUE; LOSS OF GOODWILL; LOSS OF DATA; WASTED EXPENDITURE; OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES. IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANY CONTRACTORS IN CONNECTION WITH THE USE OF THE WEBSITE OR PLATFORM, INCLUDING WITHOUT LIMITATION, BODILY OR PERSONAL INJURY, DAMAGE TO PROPERTY AND/OR ANY OTHER DAMAGES RESULTING FROM PERFORMANCE OR NON-PERFORMANCE OF THE SERVICES HEREUNDER. YOU UNDERSTAND THAT WE MAKE NO GUARANTEE, EITHER EXPRESS OR IMPLIED, REGARDING THE SERVICES.
You shall defend, indemnify, and hold harmless the PS Entities from all losses, costs, actions, claims, damages, expenses (including reasonable legal costs) or liabilities, that arise from or relate to Your use or misuse of, or access to, the Website or Platform, violation of these Terms, breach of representations herein or third-party using your User Account. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.
For any amounts owed hereunder, plus applicable sales tax, we will charge your credit card or other third-party account, and you hereby authorize us to charge your credit card for such amounts and to submit such charge to our third-party payment processor, who you authorize to communicate to you directly and to whom you will provide all required information. We will not be liable for any tax or withholding.
These Terms shall be governed by and construed in accordance with the laws of the State of New York excluding its conflicts of law rules. For all purposes of these Terms, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts or State Courts located in the County of Onondaga, State of New York.
These Terms are the entire agreement between you and us with respect to the Website and Platform, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us with respect thereto. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable. The failure of PowerSpike to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms to be binding, we must provide You with written notice of such waiver. These Terms are personal to you, and are not assignable, transferable or sublicensable by you except with our prior written consent. We may assign, transfer or delegate any of our rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms and neither party has any authority of any kind to bind the other in any respect. Any right not expressly granted herein is reserved by us. Unless otherwise specified in these Terms, all notices under these Terms will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. If You believe that any content on the Website or Platform belonging to use has been has copied in any way that constitutes copyright infringement, or your intellectual property right have been otherwise violated, please notify us of such claims.