Empowering Gamers, Shaping Legends: Your Journey Starts Here

Terms of use

This Terms of Use ("Terms") lays out the terms and conditions, as maybe amended and supplemented, from time to time which shall govern the access and use of the website at Raptr.gg, and the offered content therein, (collectively, the “Platform”) and the Services provided to registrants/end-users ("Visitor"/”You”) through the Platform.

Please read the Terms carefully before using and registering or accessing any Services (as defined below) through the Platform. By using the Platform or the Services, You hereby signify Your absolute and unconditional acceptance of the Terms and any other additional terms of use related to the Services, the Privacy Policy, and the Rewards Policy, as well as Your agreement to be legally bound by the same. You may not use the Services if You do not accept the Terms.

The access of the Platform, usage of the Services in any manner, or mere browsing of the Platform by the Visitor constitutes an acknowledgement and acceptance in full by the Visitor of these Terms without any modification and/or exception. By affirming the assent of the Visitor to the Terms, the Visitor provides his consent to the collection, use, storage, processing and disclosure of his information as set out in the Terms and the Privacy Policy.

ACCEPTANCE OF TERMS AND MODIFICATION THEREOF

The Terms constitute an agreement (“Agreement”) between the Visitor and Raptr.GG (the “Raptr”/” We"), with regard to the access and use of the Platform for the following categories of services:
1. Game streaming and related services; and
2. Uploading clips through clips feature on the Platform;
3. Uploading videos on the Platform;
4. Payments into or out of the platform
5. Any other services that the Platform may integrate, introduce, or create at any point in time;
6. Collectively referred to as the “Services”.
Subject to the acceptance of these Terms, the Company has granted You the limited right to access and avail the Services, for non - commercial entertainment purposes.
The Company reserves the right to change the Terms without any notice to the Visitor. The Visitor shall be responsible for regularly reviewing the Terms. Changes to the Terms will be effective when posted on the Platform.
The Company reserves the right, in its sole discretion, to terminate the access of the Visitor to any portion thereof at any time, without any prior notice.
In addition to the Terms, a streamer on the Platform shall be bound by the provisions of the streaming agreement executed between the streamer and the Company. In absence of such a streaming agreement (expressly allowing for the Visitor (who is a streamer) to stream on other platforms), a streamer shall be allowed stream on the Platform on the condition that the streamer streams exclusively on the Platform and does not stream on any other platform similar to the Platform.
The Terms shall apply equally to both the singular and plural form of the terms defined. Whenever the context may require, any pronoun shall include the corresponding masculine and feminine.
The Visitor understands and acknowledges that when using the Services, he will be exposed to content from a variety of sources, and that the Company is not responsible for the accuracy, usefulness, safety, or intellectual property rights of, or relating to, such content.
You further understand and acknowledge that You may be exposed to content that is inaccurate, indecent, or objectionable, and You agree to waive, and hereby do waive, any legal or equitable rights or remedies You have or may have against the Services and the Company in this regard with respect thereto.

OBLIGATIONS OF THE VISITOR

The Company reserves the right to decline the Visitor's application for an account or to revoke the same at any stage at the Company's sole and absolute discretion and without assigning any reason or giving any notice thereto.

The Visitor agrees and undertakes at all times to be responsible for maintaining the confidentiality of the account (“Account”), username and password and shall be fully and solely responsible for all activities that occur by use of the Account. The Visitor is responsible for the security of all transactions undertaken on his Account. The Company will not be responsible for any financial loss, inconvenience or mental agony resulting from misuse of the Visitor's Account.
The Visitor also agrees and undertakes to immediately notify the Company of any unauthorized use of the Visitor's Account or user ID as the case may be. The Company shall not be responsible for any, direct or indirect, loss or damage arising out of the Visitor's failure to comply with this requirement. You are solely responsible for all activities that occur under Your Account.
The Company shall have the right to disable any Account, whether chosen by the Visitor or provided by the Company, at any time in its sole discretion for any or no reason, including if, in the opinion of the Company, the Visitor has violated any provision of the Terms. The Company shall not be responsible for any losses incurred or suffered by the Visitor on such suspension or termination of Your Account.
The Visitor accepts that the Company expressly reserves the right to disqualify any entry that it believes are not in good faith, or are generated by an automated means or scripts, or otherwise violating the Terms or the spirit of the Services. Entries generated by script, macro or other automated means or otherwise violating the Terms or the spirit of the Services are void. Notwithstanding the provisions contained in this Clause, the Company, shall be entitled to, at its sole discretion (including for reasons of software issues, network issues, technical glitches, etc.,) to nullify a Service or any part of the Services at any time after the event/contest has started and/or any prizes/rewards/credits owed to the Visitor after it has become due.

IN - GAME PURCHASES AND VIRTUAL ITEMS / PRIZES

Giveaways
1. As a part of the Services, the Company may, at its sole option, decide to award giveaways to the Visitors/Streamer, upon compliance with certain criteria as may be specified for such Service, or as an incentive to advertise and promote the Services and the Platform, or in the nature of a prize for emerging as the winner in any of the contests conducted by the Company (“Giveaways”).
2. The Giveaways shall comprise of any virtual points garnered to the Account of the Visitor/Streamer, or any tangible items or services in the form of a prize or reward which can be redeemed by the Visitor in accordance with the terms and conditions laid out in the Rewards Policy, which can be accessed here.
3. For the purpose of granting the Giveaways, the Company shall have the option to associate with any third-party entities, including structuring it as a part of a paid sponsorship or promotion engagement entered into by the Company with a third-party entity or brand (“Sponsored Giveaways''). The Company shall not be responsible, and hereby expressly denies any liabilities in relation to, (A) ensuring receipt of the Sponsored Giveaway by the Visitor, (B) any losses or damages incurred or suffered by the Visitor by using the Sponsored Giveaway, (C) any defect or damage, inherent, or otherwise affected during the transportation of the Sponsored Giveaway to the Visitor, (D) any express or implied warranty of merchantability, fitness, use or functionality, and non - infringement of rights (including third party intellectual property rights), and (E) any and all claims, actions, suits, penalties, damages and levies arising from the Sponsored Giveaways.
4. In the event of any dispute or complaints in relation to the Sponsored Giveaways, the Visitor shall approach the sponsoring entity directly, and shall not approach the Company for any resolution in this regard.
In - Game Tipping and Subs
1. The Company may introduce virtual items such as stickers, coins, points and such similar items, which can be purchased by the Visitor for a nominal charge (in PKR), payable to the Company . The company may also purchase virtual points by the visitor. The Virtual Points, once purchased by the Visitor, may be used to tip or reward any of the Visitor's favoured players and streamers.
2. Once purchased, the Virtual Points cannot be exchanged or returned for cash. The Visitor shall further not be entitled to encash the Virtual Points in any manner. Once the Virtual Points are deposited in favour of any streamer or player, the Visitor shall not be entitled to transfer or take back the Virtual Points.
3. Once the Virtual Points have been deposited, the Company shall have the option of encashing them, and allotting and transferring specified percentages of such amount to the bank accounts of the respective streamers.
4. Streamers may also be tipped directly via various payment methods on the platform by the viewer. The company will deposit the streamers portion of the tip to the streamers account as per its set schedules after deducting their service charges.
5. As mentioned earlier, Raptr will charge a portion of all payments as tips or subs or otherwise coming in via its platform to streamers, as per terms mentioned in streamer guidelines.
Vouchers and digital rewards/ currencies
1. The Company may, in the form of a reward or prize, for participation and/or winning of contests, assignments and other related tasks that form part of the Services, grant digital currencies (such as digital vouchers, coins, gold, diamond points etc.) or third-party vouchers.
2. The digital currencies shall not require any kind of payment and shall not be redeemable or convertible into cash. The digital currencies shall solely serve the purpose of enabling the platform users to access additional Services in the manner specified in the characteristics of such digital currencies.
3. The third-party vouchers shall also not require any kind of payment and shall be provided by the Company in association with paid promotion with third party entities who may be sponsoring or promoting itself through the Services. The third party vouchers may be convertible into tangible products, tangible services or digital services, in accordance with the specifics of the third party who is providing such vouchers according to the terms and conditions contained in the Rewards Policy, which can be accessed here. Clause 3(a)(iii) of the Terms shall apply mutatis mutandis to the third party vouchers, with respect to the liability of the Company in this regard.
The Visitor shall avail or purchase, as the case may be, the Giveaways, including the Sponsored Giveaways, Virtual Points, vouchers and digital currencies/rewards, only from the Company, or through the authorized partners of the Company, and through the Platform/Services.
The Company shall have the sole discretion and right to withdraw, amend, modify, alter, and cancel any of the aforementioned in-game purchases and virtual items, at any time, without any notice. The Company shall also be entitled to change the terms, increase or decrease the values, and introduce new methods or concepts in this regard.
The Visitor shall use the in-game purchases and virtual items only for the purposes which it has been provided, and they shall not be transferable, assignable or substitutable, except as otherwise provided by the Company.
In the event any in-game purchases and virtual items require a transaction with a third party service provider (including payment service providers), the Visitor agrees to abide by the terms of use and other relevant instructions of such third party service provider. The Visitor shall be solely responsible for any payments made from his bank account in this relation. The Company shall not be a party to such transaction or agreement, and shall not be responsible for any actions or omission, claims of misconduct, fraud or negligence pertaining to the transaction. The Company accepts no obligation and responsibility for the use of the payment option by the third party service provider. Once payment is made by the Visitor, the Visitor shall not have the further right to cancel and redeem, or require a refund of the payment already made by him.
The decisions of the Company are final and binding in all matters relating to the vouchers and digital awards/currencies. In no event shall the Company be obligated to award any prizes other than the prizes specified in these Terms and in the Rewards Policy, which can be accessed here.
The Visitor acknowledges that certain jurisdictions have laws regarding contests that may prevent the Company from awarding the Visitor a prize or reward. By availing the Services, the Visitor understands and accepts the risk that the Visitor may not be able to receive a prize.
The Visitor acknowledges and agrees that in the event the Visitor breaches any Applicable Law, or the policies, guidelines, terms and conditions of the Platform (including these Terms), then the Company shall in its sole discretion have the right to forfeit/ cancel any Giveaways, Sponsored Giveaways, Virtual Points, vouchers, digital rewards, currencies of the Visitor.

LIMITED VISITOR

The Visitor agrees and undertakes not to sell, trade, resell or exploit for any commercial purposes, any portion of the Services. The Visitor further agrees and undertakes not to copy, distribute, transmit, display, perform, reproduce, publish, license, reverse engineer, create derivative works from, transfer, or sell any information, software, products, Services or intellectual property obtained from the Platform in any manner whatsoever.
The Visitor represents that he shall not use the Services for any illegal purposes as per the Applicable Laws.

DISCLAIMER OF WARRANTIES

The Company has endeavoured to ensure that all the information provided by it on the Platform is correct, but the Company neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data or information displayed on the Platform. The Company makes no warranty, express or implied, concerning the Platform and/or its contents and disclaims all warranties of fitness for a particular purpose and warranties of merchantability in respect of information displayed and communicated through or on the Platform, including any liability, responsibility or any other claim, whatsoever, in respect of any loss, whether direct or consequential, to any Visitor or any other person, arising out of or from the use of any such information as is displayed or communicated through or on the Platform.
By availing Services, parts of which may be sponsored by a sponsor, the Visitor agrees that any information provided by the Visitor or collected by the sponsor in connection with the Services may be used by the Sponsor in accordance with their terms of use.
The Visitor further agrees that any information provided by the Visitor in connection with the Services may be used by the Company in accordance with these Terms and the Privacy Policy.
Unless prohibited by Applicable Law, the acceptance of a Visitor to avail the Services constitutes the Visitor's permission to use their details and information , in perpetuity, in any manner that the Company or the sponsor deems appropriate for publicity purposes without any compensation to such entrant or any review or approval rights, notifications, or permissions and constitutes the Visitor's consent to disclose his personally identifiable information to third parties. Notwithstanding any rights of publicity, privacy or otherwise (whether or not statutory) anywhere in the world, the Visitor's acceptance of a prize constitutes his authorization to:
1. have the sponsor (and its agents, consultants and employees) photograph, record, tape, film and otherwise visually and audio visually record the Visitor;
2. have the sponsor (and its agents, consultants and employees) use, reproduce, disseminate, alter, edit, dub, modify, distort, add to, subtract from, process and otherwise exploit any results of such activity (including without limitation any manner in which such activity may be recorded or remembered or modified) or derivatives or extensions or limitations thereof in any manner that the sponsor sees fit, in any medium or technology known or hereinafter invented, throughout the universe in perpetuity, including without limitation for illustration, art, promotion, advertising, trade or any other purpose whatsoever; and
3. have relinquished any right that the Visitor may have to examine or approve the completed product or products or the advertising copy or printed matter that may be used in conjunction therewith or the use to which it may be applied.
The Company shall not be responsible for the delay or inability to use the Services, the provision of or failure to provide the Services, or for any information, software, products, Services and related graphics obtained from the Company through the platform, whether based on contract, tort, negligence, strict liability or otherwise. Further, the Company shall not be held responsible for non-availability of the platform during periodic maintenance operations or any unplanned suspension of access to the platform that may occur due to technical reasons or for any other reason whatsoever. The Visitor understands and agrees that any material and/or data downloaded or otherwise obtained from the Company through the Platform is done entirely at his discretion and risk and he will be solely responsible for any damage to his equipment including a phone, internet access, etc., or any other loss that results from such material and/or data.
These limitations, disclaimer of warranties and exclusions apply without regard to whether the damages arise from (i) breach of contract, (ii) breach of warranty, (iii) negligence, or (iv) any other cause of action, to the extent such exclusion and limitations are not prohibited by applicable law.

Third-Party Content

In addition to the User Content, Raptr may provide other third-party content on the Raptr Services (collectively, the “Third-Party Content”). Raptr does not control or endorse any Third-Party Content and makes no representation or warranties of any kind regarding the Third-Party Content, including without limitation regarding its accuracy or completeness. Please be aware that we do not create Third-Party Content, update, or monitor it. Therefore we are not responsible for any Third-Party Content on the Raptr Services.
You are responsible for deciding if you want to access or use third-party websites or applications that link from the Raptr Services (the “Reference Sites”). Raptr does not control or endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites, and makes no representations or warranties of any kind regarding the Reference Sites. In addition, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Raptr Services are solely between you and such advertiser. Access and use of Reference Sites, including the information, materials, products, and services on or available through Reference Sites is solely at your own risk.

USER GENERATED CONTENT

The Company allows the Visitors to distribute live and pre-recorded audio-visual works, to use services, such as chat, bulletin boards, live streams, forum postings, voice interactive services, and to participate in other activities in which You may create, post, transmit, perform, or store content, messages, text, sound, images, applications, code or other data or materials on the Platform (“User Generated Content/UGC”).
Unless otherwise agreed to in a written agreement between the Visitor and the Company that was signed by an authorized representative of Company, by broadcasting, publishing, posting, displaying, submitting and/or uploading any of its UGC in connection with the Services, the Visitor grants to the Company and its sub-licensees the permission, free, permanent, irrevocable, non-exclusive and fully sub-licensable rights and license, without any territorial or time limitations and without requiring any approvals and/or compensations, to use, copy, modify, adapt, publish, translate, edit, dispose, create derivative works of, distribute, perform and publicly display such UGC (in whole or in part), and/or incorporate such UGC into existing or future forms of work, media or technology.
The rights granted by the Visitor to UGC shall terminate generally upon closing of the Visitor's account, except in relation to: (i) use for promotional purposes; and/or (ii) for the reasonable time it takes to remove from backup and other systems.
The Visitor shall be solely responsible for his UGC and the consequences of streaming, posting, uploading, publishing, transmitting or otherwise making available his UGC on the Platform. The Visitor understands and acknowledges that he is responsible for any UGC he may submit or contribute, and the Visitor, not the Company shall, have full responsibility for such UGC, including its legality, reliability, accuracy and appropriateness. The Company is not responsible, or liable to any third party, for the content or accuracy of any UGC made available by the Visitor or any other user of Platform. The Company does not control the UGC provided or contributed by the Visitor and the Company does not make any guarantee whatsoever related to UGC submitted or contributed by the Visitor. Although the Company sometimes reviews UGC provided or contributed by the Visitors, the Company is not obligated to do so. Under no circumstances shall the Company be liable or responsible in any way for any claim related to UGC provided or contributed by the Visitors.
You further agree that the UGC You provide to the Platform/Company will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless You have permission from the rightful owner of the material or You are otherwise legally entitled to provide the material and to grant to the Services/Company all of the license rights granted herein.
The Company does not endorse any UGC on it by any user or other licensor except as provided for under these Terms, or any opinion, recommendation, or advice expressed therein, and the Company expressly disclaims any and all liability in connection with UGC.
The Company shall have the unconditional right and authority, among other things, to use any game streamer's game stream and other live streams on real time basis or any UGC and content for marketing and advertising purposes without any monetary obligations or any liabilities being incurred by the Company.

Prohibited Conduct

YOU AGREE NOT TO violate any law, contract, intellectual property, or other third-party right; not to commit a tort, and that you are solely responsible for your conduct while on the Raptr Services.
1. create, upload, transmit, distribute, or store any content that is inaccurate, unlawful, infringing, defamatory, obscene, pornographic, invasive of privacy or publicity rights, harassing, threatening, abusive, inflammatory, or otherwise objectionable;
2. impersonate any person or entity; falsely claim an affiliation with any person or entity; access the Raptr Services accounts of others without permission; forge another person's digital signature; misrepresent the source, identity, or content of information transmitted via the Raptr Services; or perform any other similar fraudulent activity;
3. send junk mail or spam to users of the Raptr Services, including without limitation unsolicited advertising, promotional materials, or other solicitation material; bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, petitions for signatures, or any of the preceding things related to promotional giveaways (such as raffles and contests); and other similar activities;
4. harvest or collect email addresses or other contact information of other users from the Raptr Services;
5. defame, harass, abuse, threaten, or defraud users of the Raptr Services, or collect or attempt to collect, personal information about users or third parties without their consent;
6. delete, remove, circumvent, disable, damage, or otherwise interfere with (a) security-related features of the Raptr Services or User Content, (b) features that prevent or restrict use or copying of any content accessible through the Raptr Services, (c) features that enforce limitations on the use of the Raptr Services or User Content, or (d) the copyright or other proprietary rights notices on the Raptr Services or User Content;
7. reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Raptr Services or any part thereof, except and only to the extent that this activity is expressly permitted by the law of your jurisdiction of residence;
8. modify, adapt, translate, or create derivative works based upon the Raptr Services or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
9. interfere with or damage the operation of the Raptr Services or any user's enjoyment of them, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code;
10. relay email from a third party's mail servers without the permission of that third party;
11. access any website, server, or other computer resource owned, used, and/or licensed by Raptr, including but not limited to the Raptr Services, by means of any robot, spider, scraper, crawler, or other automated means for any purpose, or bypass any measures Raptr may use to prevent or restrict access to any website, server, software application, or other computer resource owned, used, and/or licensed by Raptr, including but not limited to the Raptr Services;
12. manipulate identifiers in order to disguise the origin of any User Content transmitted through the Raptr Services;
13. interfere with or disrupt the Raptr Services or servers or networks connected to the Raptr Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Raptr Services; use the Raptr Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Raptr Services, or that could damage, disable, overburden, or impair the functioning of the Raptr Services in any manner;
14. use or attempt to use another user's account without authorization from that user and Raptr;
15. attempt to circumvent any content filtering techniques we employ, or attempt to access any service or area of the Raptr Services that you are not authorized to access;
16. attempt to indicate in any manner, without our prior written permission, that you have a relationship with us or that we have endorsed you or any products or services for any purpose; and
17. use the Raptr Services for any illegal purpose, or in violation of any local, state, national, or international law or regulation, including without limitation laws governing intellectual property and other proprietary rights, data protection, and privacy.
You agree that you will comply with these Terms of Service and Raptr's Community Guidelines and will not:
To the extent permitted by applicable law, Raptr takes no responsibility and assumes no liability for any User Content or for any loss or damage resulting therefrom, nor is Raptr liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity you may encounter when using the Raptr Services. Your use of the Raptr Services is at your own risk. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the Raptr Services will not contain any content that is prohibited by such rules.
Raptr is not liable for any statements or representations included in User Content. Raptr does not endorse any User Content, opinion, recommendation, or advice expressed therein, and Raptr expressly disclaims any and all liability in connection with User Content. To the fullest extent permitted by applicable law, Raptr reserves the right to remove, screen, or edit any User Content posted or stored on the Raptr Services at any time and without notice, including where such User Content violates these Terms of Service or applicable law, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Raptr Services at your sole cost and expense. Any use of the Raptr Services in violation of the foregoing violates these Terms of Service and may result in, among other things, termination or suspension of your rights to use the Raptr Services.

CONTENT REVIEW AND TERMINATION

The Company has the right to:
1. Take any action with respect to or remove any UGC You provide or contribute to the Platform, for any or no reason at its sole discretion;
2. take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services;
3. terminate or suspend Your access to all or part of the Services for any or no reason, including without limitation, any violation of these Terms.
4. Without limiting the foregoing, the Company shall have the right to fully cooperate with any law enforcement authorities or court order requesting or directing it to disclose the identity or other information of anyone providing any UGC on or through the Services.
5. To maintain the Services in a manner the Company deems appropriate and to the maximum extent permitted by applicable laws, but will not have any obligation to, review, monitor, display, reject, refuse to post, store, maintain, accept or remove any UGC posted by You, and the Company may, in its sole discretion, delete, move, re-format, remove or refuse to post or otherwise make use of UGC without notice or any liability to You or any third party in connection with the operation of the Services in an appropriate manner. Without limitation, the Company may do so to address UGC that comes to its attention that the Company believes is offensive, obscene, violent, harassing, threatening, abusive, illegal or otherwise objectionable or inappropriate, or to enforce the rights of third parties or these Terms or any applicable additional terms.
6. The Company shall assume no liability for any action or inaction regarding transmissions, communications or UGC provided by any user or third party.

VISITOR'S OBLIGATIONS

The Visitor's rights on the Platform are conditioned upon compliance with each of the following:
1. in order to utilize the Services provided by the Company, the Visitor must be over the age of 18 and if the Visitor is under the age of 18, he must have his parent's or legal guardian's permission prior to availing the Services, and by participating/streaming, the Visitor represents that his parent or legal guardian has provided such permission and agreed to these Terms;
2. the Visitor will not use any one or more of the Licenses (and any associated functionality) to collect, obtain, compile, gather, transmit, reproduce, delete, revise, view, display, forward, any material or information, whether personally identifiable or not, posted by or concerning any other user of the platform, unless the Visitor would have obtained prior permission from such user to do so;
3. the Visitor will not interfere with or disrupt, or attempt to interfere with or disrupt, the operation of the Platform (or any parts thereof);
4. the Visitor will abide by all copyright notices, information, restrictions contained in or associated with any of the platform content;
5. the Visitor will not remove, alter, interfere with or circumvent any copyright, trademark, watermark, or other proprietary notices marked/displayed on the Platform;
6. the Visitor will not remove, alter, interfere with or circumvent any digital rights management mechanism, device or other content protection or access control measure (including, without limitation geo-filtering and/or encryption) associated with the Platform;
7. the Visitor will not use any of the rights granted to him or any of the Platform content in a manner that suggests an association with any of the Company's products, Services or brands, unless otherwise specifically permitted by the Company;
8. the Visitor will not do anything on the platform that would prevent other users' access to or use of the platform or any part thereof;
9. the Visitor accepts that if he is a director, officer, and employees of a sponsor or any of its affiliate companies and subsidiaries, and immediate families of each, he shall not be eligible to receive a prize.
The Visitor represents and confirms that he is not a person barred from accessing and using the platform and availing the Services under the laws of Pakistan or under the laws of the relevant jurisdiction, as applicable, or other Applicable Laws.
The Visitor acknowledges and agrees that as between the Company and the Visitor, the Company owns all right, title and interest in the Services and the platform; and nothing in this Terms shall confer on the Visitor any license or right of ownership in the Company's intellectual property rights and/or the platform or its contents.
The Visitor also understands that the Services may include certain communications from the Company as service announcements and administrative messages. The Visitor understands and agrees that the Services are provided on an "as-is-where-is" basis and that the Company does not assume any responsibility for deletions, mis-delivery or failure to store any Visitor communications or personalized settings.

License

The Raptr Services are owned and operated by Raptr. Unless otherwise indicated, all content, information, and other materials on the Raptr Services, including, without limitation, Raptr's trademarks and logos, the visual interfaces, graphics, design, compilation, information, software, computer code (including source code or object code), services, text, pictures, information, data, sound files, other files, and the selection and arrangement thereof (collectively, the “Materials”) are protected by relevant intellectual property and proprietary rights and laws. All Materials are the property of Raptr or its subsidiaries or affiliated companies and/or third-party licensors. Unless otherwise expressly stated in writing by Raptr, by agreeing to these Terms of Service you are granted a limited, non-sublicensable license (i.e., a personal and limited right) to access and use the Raptr Services for your personal use or internal business use only.
Raptr reserves all rights not expressly granted in these Terms of Service. This license is subject to these Terms of Service and does not permit you to engage in any of the following: (a) resale or commercial use of the Raptr Services or the Materials; (b) distribution, public performance or public display of any Materials; (c) modifying or otherwise making any derivative uses of the Raptr Services or the Materials, or any portion of them; (d) use of any data mining, robots, or similar data gathering or extraction methods; (e) downloading (except page caching) of any portion of the Raptr Services, the Materials, or any information contained in them, except as expressly permitted on the Raptr Services; or (f) any use of the Raptr Services or the Materials except for their intended purposes. Any use of the Raptr Services or the Materials except as specifically authorized in these Terms of Service, without the prior written permission of Raptr, is strictly prohibited and may violate intellectual property rights or other laws. Unless explicitly stated in these Terms of Service, nothing in them shall be interpreted as conferring any license to intellectual property rights, whether by estoppel, implication, or other legal principles.

TAXES

The Visitor shall be responsible and liable for all taxes in connection with any cash payments.
The Visitor hereby consents and agrees that the Company may withhold any such amount from his Account that any tax authority requires the Company to do so, or the Company is otherwise required by law or pursuant to agreements with any tax authority to do so, or if the Company needs to comply with internal policies or with any applicable order or sanction of a tax authority.
The Company may in its sole discretion deduct any and all taxes that it is statutorily required to deduct from the Visitor/Streamer in accordance with regulatory/statutory mandated rates. You further authorize the Company to deduct such taxes with retrospective effect to comply with the tax laws.

CONFIDENTIALITY

The Company and the Visitor hereby agree to keep the data, information and terms of the Account and/ or any other confidential information of each other (whether or not such information is marked as confidential)("Confidential Information") confidential and shall not disclose the same without the consent of the other.
The parties shall not be liable for breach of the above clause when the Confidential Information is disclosed pursuant to an order of any court or government authority and/or in performance of this contract by the Company and/or when the parties independently obtain it from a third party.

BREACH

Without prejudice to the other remedies available to the Company under the Terms or under Applicable Law, the Company may limit the Visitor's activity, warn other Visitors of the Visitor's actions, immediately temporarily/indefinitely suspend or terminate the Visitor's registration, and/or refuse to provide the Visitor with access to the platform if:
1. the Visitor is in breach of this Terms of Use and/or the documents it incorporates by reference; and
2. The Company believes that the Visitor's actions may infringe on any third-party rights or breach any Applicable Law or otherwise result in any liability for the Visitor or other Visitors of the platform.
The Company may at any time in its sole discretion reinstate suspended Visitors. Notwithstanding the foregoing, if the Visitor breaches the Terms or the documents it incorporates by reference, the Company reserves the right to recover any amounts due and owing by the Visitor to the Company and to take strict legal action as the Company deems necessary.
It may be noted, that if by using the Platform, the Visitor authorizes the Company and its agents to access third party sites designated by them or on their behalf for retrieving requested information, the Visitor shall be deemed to have appointed the Company and its agents as his agent for this purpose.

INDEMNIFICATION

The Visitor agrees to indemnify, defend and hold harmless the Company, its affiliates, group companies and their directors, officers, employees, agents, third party service providers, and any other third party providing any service to the Company in relation to the Services whether directly or indirectly, from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the Company that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any terms of the Terms including any representation, warranty, covenant or agreement made or obligation to be performed by the Visitor pursuant to the Terms.

LIMITATION OF LIABILITY AND INJUNCTIVE RELIEF

The Visitor understands and expressly agrees that to the extent permitted under Applicable Laws, in no event will the Company or any of its affiliates or group companies or any of their respective officers, employees, directors, shareholders, agents, or licensors be liable to you or anyone else under any theory of liability (whether in contract, tort, statutory, or otherwise) for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of revenues, profits, goodwill, use, data or other intangible losses (even if such parties were advised of, knew of or should have known of the possibility of such damages), resulting from: the Visitor's use (or the use of anyone using an account registered to the Visitor) of the Platform or any parts thereof; (ii) unauthorized access to or alteration of the Visitor's transmissions or data; (iii) any other matter relating to the Services; including, without limitation, damages for loss of use, data or prof
its, arising out of or in any way connected with availing of the Services.
The Services provided the Company are 'as is', and the Company does not provide any warranties in relation to the Services. The Company does not guarantee that the Services shall meet the Visitor's requirements, or shall be free of error, and interruptions. The Company does not guarantee that the Services shall be accessible at all times.
Notwithstanding anything to the contrary herein, the Visitor hereby irrevocably waives any right or remedy to seek and/or obtain injunctive or other equitable relief or any order with respect to, and/or to enjoin or restrain or otherwise impair in any manner, the production, distribution, exhibition or other exploitation of any the Company or any of its affiliate or group company related project, or the use, publication or dissemination of any advertising in connection with such project.
The Visitor's sole and exclusive remedy for any dispute with the Company shall be to discontinue the use of the Platform and the Services. In any event, the liability of the Company for any and all claims relating to the Services/Platform shall not exceed the total payments that may have been made by the Visitor in the past 6 (six) months immediately preceding the event giving rise to the dispute.

FORCE MAJEURE

The Company shall not be liable for any failure to perform any of its obligations under the Terms or provide the Services or any part thereof if the performance is prevented, hindered or delayed by a Force Majeure Event (defined below) and in such case its obligations shall be suspended for so long as the Force Majeure Event continues.

"Force Majeure Event" means any event due to any cause beyond the reasonable control of any Party, including, without limitation, unavailability of any communication system, breach or virus in the systems, fire, pandemic, flood, explosion, acts of God, civil commotion, riots, insurrection, war, acts of government.

SEVERABILITY

If any provision of the Terms is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of the Terms shall continue to be in full force and effect.

NOTICES

All notices and communications from the Visitor to the Company in relation to the Platform and/or any of the Services (including those termination of any of the Services etc.) shall be in writing. The Visitor shall be deemed to have been given a notice if sent by an email or posted within the Platform.
Notice shall be deemed to have been served 48 (forty eight) hours after it has been sent, dispatched, displayed, as the case may be, unless, where notice has been sent by email, it comes to the knowledge of the sending party, that the email address is invalid.

ENTIRE AGREEMENT

The Terms along with the Privacy Policy and the Rewards Policy of the platform constitute the entire agreement between the Company and the Visitor and supersedes and extinguishes all previous agreements, promises, assurances, representations, warranties and undertakings, whether written or oral.

COMMUNICATION BETWEEN US

If You wish to contact the Company in writing, or if any condition in the Terms requires You to give the Company notice, You can send an email to “[email protected]” or to such email address that may be communicated to You from time to time. The Company will confirm receipt of this by contacting You in writing by email.
If the Company has to contact You or give You notice in writing, the Company will do so by platform chat, email, or SMS to the mobile phone number or email address You provided to us in Your request for the platform.