This page includes the applicable terms of service for users to access and use the Platform (the "ToS").
The access to the Platform implies the acceptance of these ToS.
The following are the definitions of the capitalized terms that appear in these ToS:
The following points comprise general information regarding the Platform holder:
Unit 4 #2571
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Streamloots may unilaterally change any part of the ToS without giving you any prior notice in order to reflect any regulatory changes, changes to the Platform features and/or the services offered therein, or any other reason.
Once the updated ToS are in effect, you will be bound by them if you continue to use the Platform.
Access to the Platform does not require prior registration of Users. However, to consult certain contents of the Platform as well as to receive newsletters, the User will have to follow the appropriate procedure to register.
To register you must have full capacity to act. If you are a minor, you must have the express authorization of your parent or guardian.
When you register on the Platform:
Streamloots may update, change, suspend, discontinue, or restrict the availability of the Platform or any Content at any time for any reason. Streamloots does not guarantee that the Platform or any Content will always be available or accessible without interruption.
6.1. Streamer Account
To set up your account as a Streamer you must access through the social networks enabled on the platform (i.e., Twitch, YouTube, Facebook, Google, Glimesh). In the configuration process, the Streamer must select whether to sell in euros (€, EUR) or US dollars ($, USD). The Streamer will be charged in the same currency in which the sales are made.
The registration ID and password must be kept in a safe place and must not be given to any third party. Once you have obtained your ID and password, you will be able to access the "My Account" section, where you can modify your registration details and view and monitor your account status.
If you have forgotten your user ID or password, you will need to contact the Streamloots support team.
Your account is personal and non-transferable, that is, it may not be sold, transferred, assigned, fully or partially leased to any third party.
You can delete your account at any time, as long as it does not show a credit balance. If there is an outstanding balance due to you, you will need to contact Streamloots to request the closure of your account. In this case, we may require you to provide sufficient proof of your identity before we can send you the funds via a payment method of our choosing.
Streamloots may terminate or suspend your account at any time in our sole discretion. We may also terminate and remove any Content at our discretion. Streamloots may, but is not obliged to, proactively review Content, reports or complaints of potential violations or non-compliance to ensure compliance with these ToS for Streamers and the rest of the Terms of Service. In the event of non-compliance, Streamloots may terminate the account of the non-compliant Streamer.
6.2. Viewer Account
To set up your account as a Viewer you will need to follow the steps below:
Your account is personal and non-transferable, that is, it may not be sold, transferred, assigned, fully or partially leased to any third party.
Streamloots may terminate or suspend your account at any time in our sole discretion. We may also terminate and remove any Content at our discretion. Streamloots may, but is not obliged to, proactively review Content, reports or complaints of potential violations or non-compliance to ensure compliance with these ToS for Viewers and the rest of the Terms of Service. In the event of non-compliance, Streamloots may terminate the account of the non-compliant User.
6.3. Streamer Products
6.3.1. Chests and cards.
Chests and cards.
The Streamer makes their card collection available to Viewers. The cards are sold through chests (loots) in packs of three. The cards included in chests are random and each of them contains a different interaction with the Viewer.
Fees
Streamloots charges a twenty percent (20%) fee on all of the Viewer Payments made to you, VAT included.
In the event that you become a Partner as provided in the Partner Terms and Conditions, Streamloots may reduce this fee by up to ten percent (10%).
This fee is deducted from the Viewer Payments.
The applicable fee to the Viewer Payments you receive for selling auctioned goods is subject to the conditions specified in section 6.3.2 below.
6.3.2. Auctions
Auctioned goods and auction conditions
At an auction, the streamer may offer any item they want, including any kind of Content, provided that it complies with each and every Term of Service. The Streamer must include a detailed description of the item to be auctioned on the Platform.
The Streamer will set (i) the starting price for the auction of each item, which will constitute the minimum sale price, i.e., the minimum price at which it may be awarded to a User; (ii) the bidding scale; and (iii) the bidding deadline; all within the limits and functionalities allowed by the Platform. Once an auction has started, the Streamer will not be able to modify the aforementioned conditions and will not be able to withdraw the auctioned items in any case. The Streamer is obliged to deliver the auctioned goods to the User that wins the auction under the established conditions.
Streamloots may not accept or may cancel an auction if it considers that there is any inaccuracy or omission about the auctioned item or the conditions set by the Streamer, or that it does not comply with any of the Terms of Service.
The Streamer auctioning goods expressly authorizes Streamloots to display, reproduce and publish through the Platform images of the auctioned goods. To this end, by posting an item on the auction portal, the Streamer grants Streamloots a free, indefinite, irrevocable, sub-licensable, international license to use, reproduce, distribute, and publicly display the auctioned item.
Responsibility for auctioned goods
The Streamer is solely responsible for the auctioned goods:
Deposit
Any User wishing to participate in an auction by placing a bid must make a deposit of ten euros or US dollars (€/$10).
This amount will be withheld from the User's account until the end of the auction.
In the event that the User is the winner of the auction, the amount that the User will pay will be the equivalent of the awarded item minus the amount of the deposit, which will be considered as an amount paid on account of the price.
In the event that the User is not the winner of the auction, the amount withheld as a deposit will be released within seven (7) calendar days.
Bids
Any User may place bids from the time the auction starts until the deadline, following the bidding scale established on the Platform for each auctioned item.
By placing a bid, the User is obliged to pay the amount of the winning bid to the Streamer that holds the auction and, consequently, to follow the procedure provided in these Auction ToS to complete the corresponding payment.
Each auctioned item will be awarded to the highest bid received before the deadline.
The Platform offers the possibility of placing automatic bids, consisting of the User setting a limit amount to be paid for the auctioned item. Once an automatic bid has been placed, the system will place the bid at the lowest possible price allowed by the other bids, until the maximum limit set by the User is reached. In the event that an automatic bid is successful, the auctioned item will be awarded to the User who placed the automatic bid.
It is prohibited for the Streamer or any third party to place bids with the intent to increase the auction value of the goods. In the event that Streamloots detects any such action, without prejudice to any legal action Streamloots may take, Streamloots may immediately terminate Users' accounts and cancel or terminate the auction affected by such bidding, even if the auction has already ended.
Awarding of the auctioned goods
The auctioned goods will be awarded to the bidder who has placed the highest bid at the time the auction ends. Streamloots may make the result of each auction public.
Streamloots will communicate to the winning User the result of the auction and the item that has been awarded. The winning User of the auction must confirm the payment of the difference between the amount of the winning bid and the deposit within twenty-four (24) hours following the award in the auction. Such confirmation of payment must be made through the system established for this purpose on the Platform.
Non-payment
If the winning User of an auction does not confirm the payment of the winning bid within the indicated twenty-four (24) hours following the award in the auction:
Delivery of the auctioned good
Streamloots will communicate to the Streamer the email address provided by the winning User of the auction. The Streamer will contact the User in order to arrange the details to proceed with the delivery of the goods.
The packaging and transport costs of the awarded goods will be borne by the Streamer. The successful bidder assumes the risk of loss or damage that may be caused to the goods as soon as they are delivered to the carrier. It is the responsibility of the Streamer to obtain the documentation, licenses and permits of any kind (including export and import) that may be required by the authorities for the transport of the awarded goods.
Fees
Streamloots charges an eight percent (8%) fee on all of the Viewer Payments (after deducting the commissions applied by the payment processors such as PayPal, Stripe, Paysafecard or others) received by the Streamer for the sale of auctioned goods.
In the event that the Streamer has become a Partner as provided in the Partner Terms and Conditions, Streamloots will reduce this fee to four percent (4%).
This fee is deducted from the Viewer Payments.
6.3.3. Subs
Streamers may offer a subscription service to Viewers which will be governed by this section and the other Terms of Service.
Viewers will be able to subscribe to Streamers who are enrolled in the "Subs" mode.
Subs content
The Subs service allows the Viewers who contract it to acquire the number of monthly stickers set by the Streamer, which must be in any case more than one (1) (“Sticker”).
Functionality of Subs for the Streamer
The Streamer offering Subs to Viewers must keep this functionality active in their profile. The Streamer may, at any time, terminate the "Sub" functionality through their profile. In the description of the Sub, the Streamer may offer additional services or benefits to the Viewer included in the price of the monthly Sub.
Duration and Cancellation of Subs for the Viewer
Subs have a monthly duration that is extended indefinitely for monthly periods. The billing will be performed on a monthly basis, counting from the date when the contracting took place.
You can cancel the Sub at any time, and you will continue to have access to the Sub until the end of the billing period (current month). Payments are non-refundable and we do not provide refunds or credits for partial subscription periods, Stickers, or any other unused content, even in the case where the streamer has stopped streaming and this has happened as a result.
Stickers or any other content that has not been used in a subscription period cannot be accumulated for the following period.
To cancel your Sub, access your page and cancel it. Such cancellation must be made at least three (3) calendar days in advance to the billing date. Otherwise, you authorize us to charge the subscription fee for the next billing cycle on your payment method.
Fees
Streamloots charges a twenty percent (20%) fee on each and every Viewer Payment (after deducting the commissions applied by the payment processors such as PayPal, Stripe, Paysafecard or others) derived from the contracting of Subs.
This fee is deducted from the Viewer Payments.
6.4. Shopping performed by Viewers
Acquisitions
All transactions and interactions facilitated on the Platform are contracts between the Viewers and the Streamers. Although we facilitate transactions and interactions between Viewers and Streamers by providing the Platform and storing content, Streamloots is not a party to the contract between Viewers and Streamers and is not responsible for any transactions or interactions between Viewers and Streamers. Similarly, the fact that Streamloots receives payments from Viewers on behalf of Streamers does not in any way imply that Streamloots assumes any liability.
When a Viewer has made the required payment, the Streamer must allow the Viewer to access the corresponding Content and perform the interaction, if applicable.
Payment methods
To purchase Streamers' products, you must provide Streamloots with a payment method by adding a credit card and a payment gateway ("payment method") which you can update as you see fit.
You can modify your payment methods from your Streamloots profile. We may also modify your payment methods in accordance with the details provided by the payment service providers. After each modification, you authorize us to continue to charge you via the relevant payment method(s).
Pricing
Streamers are solely responsible for determining (within the Platform's pricing parameters, and in particular in section 6.7) the prices applicable to transactions and interactions as well as the Content to which the Viewer is given access.
All prices are in euros (EUR) and US dollars (USD), and Viewer Payments will be charged in the relevant currency. We have no control over currency exchange rates or charges imposed by the payment card provider or bank, and we are not responsible for any charges or fees imposed by the payment card provider or bank.
Viewer Payments include VAT where applicable.
The Viewer authorizes Streamloots to provide their payment card details to a third-party payment provider in order to process the Viewer Payment to the Streamer.
The Viewer expressly agrees that they will not make any unwarranted refund requests from any Streamer or unwarranted chargeback requests from the payment card provider in connection with any transaction they make with a Streamer.
Withholdings
Streamloots may fully or partially withhold the Viewer Payments in the following cases:
The withholding will last for the time necessary to investigate the breach or alleged illegal activity. In the event that after our investigation we conclude that such breach or illegal activity has in fact occurred, the obligation to deliver the withheld Viewer Payments to the Streamer will be automatically terminated and Streamloots will take the actions we deem necessary.
The withholding will not generate any liability for Streamloots, and no interest shall accrue to the Streamer.
6.5. Payments received by Streamers
Receiving payments and payment gateway configuration
All Viewer Payments will be received through a payment provider designated by Streamloots. Viewer Payments will be received by Streamloots acting as a commercial agent for the Streamers. Streamloots will deduct the applicable fee from each Viewer Payment received.
A payment gateway of Streamloots' choice (i.e., Hyperwallet or similar) may be used. This service allows you to make payments on the relevant day automatically and much faster, allowing you to add your bank as a payment method.
The payment gateway requires a small setup the first time you receive a payment. If this is your first payment received through the Platform, you will receive an email the same day the payment is made to activate and link your payment platform account to your Streamloots account. You will not have to do anything until you receive the activation email. However, in order to receive it, your PayPal email must be correctly configured.
Payment gateway fees will be borne by the Streamer. If they have been previously paid by Streamloots, they will be charged to the Streamer in the corresponding invoice.
Time of payment
The money will go to the payment gateway account you have set up in the "Billing Information" tab of your sales page. Streamloots will make two (2) monthly payments to Streamers. The first payment will be made between the 1st and 5th day of the month and the second between the 15th and 20th day of the month, all in relation to sales collected fifteen (15) days in advance. The Streamer will be able to modify the payment system and receive a single monthly payment by configuring it in "Billing Information".
Streamloots account and funds withdrawal
Your account will be updated with the Viewer Payments you receive. The balance will be available for you to withdraw once it appears in your account. All Viewer Payments are made in euros (EUR) or US dollars (USD), depending on the Streamer's settings, so the balance shown in your account will be in the same currency. The means of withdrawing the balance will be identified at all times in the account.
In order to withdraw funds from your Streamloots account you must have at least twenty euros (€20) or twenty US dollars ($20) in your account. In the event that your account balance does not reach a minimum of twenty euros or US dollars (€/$20) within one (1) year, Streamloots will take the balance as an account maintenance fee. In any case, one (1) month before this happens, we will send you a reminder.
Withholding
Viewer Payments may be held by Streamloots for up to ninety (90) calendar days pending a claim. If after such period of time there has been no claim on such payments, it will automatically be credited to your account.
Additionally, Streamloots may fully or partially withhold the Viewer Payments due to the streamer in the following cases:
The withholding will last for the time necessary to investigate the breach or alleged illegal activity. In the event that we conclude after our investigation that such breach or illegal activity has actually occurred, the obligation to deliver the withheld Viewer Payments to you will be automatically terminated and Streamloots will take the actions we deem necessary.
The withholding will not generate any liability for Streamloots, and no interest shall accrue to the Streamer.
6.6. Taxes
Streamers are solely responsible for complying with any tax obligation that arises from the receipt of Viewer Payments. The Streamer must report the Viewer Payments they receive according to the tax regulations of the corresponding country. You can consult the article Do I have to declare taxes on sales made in Streamloots? for pure informative purposes on this subject. Please bear in mind that this article must never be understood as tax advice and that the accuracy and updating of its content cannot be guaranteed.
When using the Platform as a Streamer, the Streamer must comply with all applicable tax regulations and report the receipt of all charges it obtains in connection with the use of the Platform to the relevant tax authority. We highly recommend seeking professional advice to ensure that you comply with all applicable tax rules depending on your individual circumstances.
6.7. Streamer content
As a Streamer, all content that you post, share, submit, display, or exhibit on the Platform must comply with the following Terms of Service:
Streamloots charges fees applicable to each and every Viewer Payment, on the terms agreed in each case between Streamloots and the Streamer. In the absence of express agreement between Streamloots and Streamer, the applicable fee shall be as specified in section 6.3 above.
8.1. Indemnity
Streamloots exercises no control over the Content, assumes no responsibility for the Content, and has no obligation to supervise or monitor the Content.
The Streamer is solely responsible for ensuring that the Content complies with the terms specified above and for any damage Streamloots suffers as a result of any breach or misrepresentation of those terms. Consequently, you will fully discharge us from any and all claims arising out of or related to the Content.
Similarly, the Streamer is solely responsible for fulfilling its obligations towards the Viewers. In the event that as a result of any breach of its obligation towards any Viewer Streamloots suffers any loss or damage, the Streamer shall indemnify Streamloots and fully discharge us from any claims made against us.
The Viewer agrees not to assert any claim against Streamloots arising out of or relating to the Content, auctioned goods, or the performance of Streamers' obligations towards Viewers.
Similarly, the Viewer is solely responsible for fulfilling its obligations towards the Streamers. In the event that as a result of any breach of its obligation towards any Streamer Streamloots suffers any loss or damage, the Viewer shall indemnify Streamloots and fully discharge us from any claims made against us.
Regarding auctions, Streamloots does not verify the reality or accuracy of the description of the auctioned goods, does not exercise any control over the auctioned goods, does not assume any responsibility for the auctioned goods, and has no obligation to monitor the auctioned goods. Users will not be able to make any claim against Streamloots in connection with the auctioned goods or the performance of the Streamer's obligations arising from the auction. The Streamer is solely responsible for ensuring that the auctioned goods conform to their description and to the provisions of these Auction ToS, and therefore is solely responsible for fulfilling the obligations of the auction towards the User and solely liable for any damages Streamloots suffers as a result of any breach or misrepresentation of these terms. Consequently, the Streamer will fully discharge Streamloots from any and all claims arising out of or related to the auctioned goods.
All rights related to the Platform and all of its content (including logos, text, photographs, icons, images, etc.), features, source code and functionality are owned by Streamloots. For clarification purposes, the Content is the property of the Streamers, unless Streamloots expressly states to be its owner.
The use, distribution, modification, alteration, or disassembly of all elements of intellectual and industrial property of the Platform is strictly prohibited without Streamloots’ prior written consent.
As a user of the Platform, you agree to comply with the following terms of use:
You must not upload, post, display or share any Content that:
The following are Streamloots' rights:
We may unilaterally terminate your agreement with us and your access to the Platform for any reason by giving you two (2) days' notice by email or message to your account. We may also suspend access to your account or terminate your agreement with us and your access to the Platform immediately and without notice in the following cases:
Streamloots is not responsible:
Any warranties that may apply to Streamloots or the Platform that are not expressly set out in the ToS or are otherwise required by law are expressly excluded.
Neither Streamloots nor any of its affiliates, employees, partners, service providers, administrators or contributors shall be liable for any damages or losses (including loss of money, revenue, profits, business opportunities, lost profits, direct, indirect, or consequential damages) arising out of or in connection with the use of the Platform.
Streamloots' total liability to you is limited to the amount of the total fees paid by you to Streamloots in connection with your use of the Platform.
Streamloots does not warrant or assume any liability for any damages or losses incurred as a result of accessing the Platform or the Content through connections, links, or links from third-party sites.
You may link to the Platform's home page, provided you do so in a way that is legal, clear, transparent and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to imply any form of approval, association, or endorsement by Streamloots. It is expressly prohibited to place hyperlinks for commercial purposes on non-Streamloots websites that allow access to the Platform without Streamloots' express consent.
In the event that the Platform contains links to third-party sites and resources, such links should not be construed as an endorsement by Streamloots of those websites or any information they may contain. Streamloots accepts no responsibility for the content of such sites or resources, for their security or, consequently, for any loss or damage that may arise from accessing them. If you decide to access any of the third-party websites linked to the Platform, you do so entirely at your own risk and subject to the terms and conditions of those websites.
Streamloots uses the YouTube API and, as a user of the Platform, you agree to YouTube's terms of service and Google's privacy policy. You can find more information on YouTube's terms of service here, and on Google's privacy policy here. You can also revoke Streamloots' access to your protected data at any time via Google's security settings page at this link.
Our failure to exercise a right, assert a claim or enforce any aspect of the ToS shall in no way be construed as a waiver by Streamloots.
If any aspect of the ToS is unenforceable, the remainder shall remain in force.
The rights and obligations of Streamloots may be freely assigned to third parties. The rights and obligations of Users may not be assigned to third parties without the prior written consent of Streamloots.
In accordance with the provisions of Organic Law 3/2018, of December 5, on the Protection of Personal Data and Guarantee of Digital Rights and the General Personal Data Protection Regulation 2016/679 of the European Parliament and Council, we inform you that the personal data you provide through the Platform or by sending emails, will be incorporated into the files and processing of Streamloots for the purposes described in the Privacy Policy, which must be read, understood and accepted for the use of the Platform.
Streamloots commits to comply with the obligation of secrecy of personal data. Therefore, it has adopted the necessary measures to avoid its alteration, loss, or unauthorized access or processing, whilst taking into consideration the state of the technology at all times.
The Viewer expressly authorizes Streamloots to provide the Streamers from whom they have purchased any product with the corresponding data to issue the invoice (full name, ID, and address), as well as an email address.
In the forms that collect personal data, each User will be informed about the purposes for which the data is collected. The User will be responsible, in any case, for the veracity of the data provided.
Furthermore, we inform you that visiting the Platform does not automatically record any personal data that identifies a User. However, there is certain information of a non-personal nature and not identifiable with a specific user that is collected during the live session through devices called "cookies" that allow us to obtain statistical information on the use of the Platform to then be able to make improvements. All Users must consult our Cookies Policy to browse the Platform.
In any case, all users have the right to exercise, at any time, the rights of access, rectification, limitation of processing, suspension, opposition and data portability, by writing to Streamloots at the address privacy@streamloots.com. If you consider it necessary, you can file a complaint to the Spanish Data Protection Authority (AEPD).
These ToS shall be governed by and construed in accordance with the laws of Spain and shall be subject to the Courts of the city of Valencia and their hierarchical superiors.
Last update: December 17, 2021