Net303 Twitch.Tv Policy Primer

Twitch TV Policy Primer

Stacia Grooby | Curtin University | NET303

A quick guide to important facts in Twitch.tv’s Terms of Service and Privacy Policy

TWITCH.TV

“Twitch is the world's leading video platform and community for gamers with

more than 44 million visitors

per month.” - (About, Twitch.tv 2013)

What is Twitch.tv?

- Screenshot: All Games, Twitch.tv 2013

TWITCH.TV Policy Primer

- Screenshot: Beyond the Summit, via Twitch.tv 2013

“We want to connect gamers around the world by allowing them to broadcast, watch,

and chat from everywhere they play” - (About, Twitch.tv 2013)


- Screenshot: Signup - Twitch.tv 2013

And signing up is super easy!

1) Pick a username/display name

2) Pick a password

3) Put in your date of birth

3) Put in your e-mail address

4) Don’t forget to read the small print!

5) Finally click Sign up!

Wait! Did you remember to read the Terms of Service (ToS) and Privacy Policy??

If you said no, you aren’t alone. These days many people don’t read through ToS and Privacy Policies before signing up to an Internet service which means they don’t know exactly what they’re signing for, or away. Let’s break down just what a ToS and Privacy Policy is and what they cover for

Twitch.Tv …


“The following Terms of Service for the Twitch Service is a legal contract between you … and Twitch regarding your use of the Twitch Service”

– Introduction; Your Agreement to these Terms of Service, 2013


What does ‘Terms of Service’ mean for me?

By; • registering for• accessing,• browsing,• downloading from, OR,• using

the Twitch service, you acknowledge that you have;• read• understood, AND • agree

to be bound by these Terms of Service. – Introduction; Your Agreement to these Terms of Service, 2013

It’s important to remember that..

you are still bound by the Terms of Service just for browsing!


This means even if you’re just taking a look at www.Twitch.tv …

But how would I know that?

Ignorance does not grant immunity from ToS, however it is the responsibility of the provider to adequately present, and make successfully aware, their ToS to users through proper placement, hyperlinks and text. Failure to do so can result in legal action.

- Kunz, Del Duca, Thayer, & Debrow, 2001

- Picture from Microsoft’s Windows Word Clipart

http://www.twitch.tv/


Twitch.Tv makes its ToS available through;

The Sign Up process

The bottom of every webpage on Twitch.Tv

And whenever a user subscribes to a service/product of Twitch.Tv

- Screenshots from Twitch.Tv, 2013

Some people feel that websites need to go to further lengths..


Do you feel Twitch.tv makes their ToS easily accessible?

If this was used by Twitch.Tv, then you wouldn’t be able to view any streams

without first agreeing to the ToS.

Assent Before Access to Governed Item: The User should not be able to gain access to or rights

in the website, software, information, property, or services governed by the proposed agreement without

first assenting to the terms of the agreement. The terms of the proposed agreement should be presented and

assented to before the User gets the "product" governed by the agreement

- Kunz, Del Duca, Thayer, & Debrow, 2001

Which would you

prefer?

- Quote cited from The Business Lawyer, Vol. 57, No. 1, ‘Click-Through Agreements: Strategies for Avoiding Disputes on Validity of Assent’ 2001


Who is allowed to use Twitch.Tv?? Eligibility!

“The Twitch Service is not available to persons under the

age of 13 or to any users previously suspended or

removed from the Twitch Service by Twitch.”

But how does Twitch.Tv know whether someone using their service is of the correct age?

Couldn’t they just lie?

This means children, and people who have previously broken the

ToS agreement, may not use Twitch.TV.

”In addition, if you are between the ages of 13 and 18,… you

may only use the Twitch Service under the supervision of a parent or legal guardian who agrees to

be bound by these Terms of Service.”

So young teenagers 13 – 18 yrs old can use Twitch.Tv, as long as their parent/s or legal guardian/s

agree to the ToS…

- Quotes from 2. Eligibility, Terms of Service, 2013


How does Twitch.Tv stop underaged users?

“Facebook does have a rule that users have to be over 13, as

does YouTube, which not a lot of people know. It is not because

we think that Facebook is unsafe but because of a US law about children’s online privacy. So we

have it as a global rule.” - Simon Milner, U.K. & Ireland Facebook

Policy Director (2013)

Ultimately, Twitch.Tv can’t stop underage users because people lie on the Internet!

One suggestion is to simply remove age restriction but provide parents

ways to control their children’s activity on the site. Still begs the

question; How do you stop users lying

about their age?

“It is increasingly difficult to know what to do. You

can’t make everyone prove their age – that would get privacy advocates up in

arms.”- Simon Milner, U.K. & Ireland

Facebook Policy Director (2013)

Many service providers struggle with this problem as the Children’s Online Privacy Protection Act (COPPA) details strict laws regarding children’s online privacy, thus encouraging providers to maintain age

restrictions.

- Quotes cited from WebProNews.com, ‘Facebook Still Has a Big Problem with Underage Users, and They Know It’ 2013


“…you are granted a limited, non-sublicensable license to access and use the Twitch Service for your personal or internal business use only. Such license is subject to these Terms of Service and

does not include:.”• any resale or commercial use of the Twitch Service or the Materials therein;

• the distribution, public performance or public display of any Materials;

(except for Broadcaster Content by the Broadcaster – explained soon!)

• modifying or otherwise making any derivative uses of the Twitch Service or the Materials, or any

portion thereof;

• use of any data mining, robots or similar data gathering or extraction methods;

• downloading (other than the page caching) of any portion of the Twitch Service, the Materials or

any information contained therein;

• any use of the Twitch Service or the Materials other than for their intended purposes.

- Quote from 4. License, Terms of Service, 2013

How are you allowed to use Twitch.TvLicense!

So what they’re basically saying is…


• You can not use the Twitch.Tv service as a product of your own business; you can’t charge people

to use it as it’s not yours.

• You can not send out copies or publicly show videos (live or not) from Twitch.Tv that isn’t content

that you yourself, as a broadcaster (someone who is streaming content), has created.

• You can not take any materials from Twitch.Tv and change it to make something new! So editing

photos, videos, computer code, etc.

• You can not use codes, scripts or programs to gather information from Twitch.Tv; its users and/or

materials.

• You can not download any of the material on the site unless given permission – no videos,

pictures, etc.

• You can not use Twitch.Tv for anything other than what it’s made to be used for!



That’s a lot of can not’s, what about what you can do?

• If you have agreed to the ToS you can browse live and pre-recorded videos; • If you have agreed to the ToS AND signed up as a member you can have a

profile and engage in chat rooms; • If you have agreed to the ToS AND signed up as a member you can have a

channel and be a Broadcaster;


“Twitch allows certain users (“Broadcaster”) to distribute streaming live and pre-recorded videos of video

game related activities”So what are the ToS rules that apply to being a Broadcaster?

- Quote from 4.License, Terms of Service, 2013


This section covers;• That all content is owned by you, or if not, that you have full permission to

broadcast such content from the appropriate sources;• That your content does not break any ToS agreements, infringes on anyone’s rights

(topics such as copyright and privacy are very important!), and/or misleads users;• That your content does not contain slander, abuse, and/or defamation of any other

person;• That your content does not contain viruses, adware, or any malicious coding;• AND, That unless specifically authorised your content does not contain any pre-

release, non-public beta software/game content, and/or confidential information of Twitch or third parties.

What does being a Broadcaster mean on Twitch.Tv

Broadcaster!

“…Twitch hereby grants to you a personal, limited, non-exclusive, non-transferable, freely revocable license to use the Twitch Service for the

uploading and distributing of authorized digital content, including videos (“ Broadcaster Content ”).”

- Quotes from 10. Broadcaster, Terms of Service, 2013

“Twitch reserves all rights and remedies against any Broadcasters who breach these representations and

warranties.”


Broadcasters can also run promotions! Competitions for their followers/fans. But there are rules to follow. Most broadcasters are unaware of these rules, specifically the following;


Broadcaster!

- Referenced from 10(f) Broadcaster, Promotions, Terms of Service, 2013

• Your Promotion may only be open to residents of the fifty (50) United States

(including Washington D.C.);

• Entrants must be 18 or older, or the age of majority under applicable law;

• Your Promotion must have a set of Official Rules that contain all details, disclosures

and other information required by applicable law and that otherwise comply with

law;

• There are a number of laws and requirements associated with promotions, so ask

an expert if you have questions or concerns.



Broadcaster!

Twitch.Tv is a global service! Many broadcasters come from differing countries; including Australia.

Beyond the ToS there are no notices of the regional restrictions for conducting promotions.

Running Giveaway Promotions is very common for Twitch broadcasters to increase

their viewer following.

Here is an example of a typical broadcaster promotion. This particular one is run by an

Australian broadcaster.

While Twitch.Tv states it will remove promotions that do not comply, basic promotions such as the one above continue unhindered amongst most broadcasters.

- www.twitch.tv/dotascene


Third-Party Content relates to advertising content that is displayed through Twitch.Tv, via user channels and Twitch.Tv promotional pages.

What other content is shown through Twitch.Tv

Third Party Content

“In addition to the Broadcaster Content, Twitch may provide other third party content on the Twitch Services and may provide links to Web pages and content of third parties (collectively the “ Third-Party Content ”) as a service to those

interested in this information.”

- Quotes from 11. Third Party Content, Terms of Service, 2013

“Twitch does not control, endorse or adopt 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.”

“Twitch does not endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites.”

Despite offering Third-Party Content on a regular basis, Twitch.Tv offers no security or warranties about said content. There is no list of third party providers and should a user

click on a link, interact with a third-party, conduct business with a third-party, etc. Twitch.Tv maintains no responsibility for any outcomes following, positive or negative.

“Users use such Third-Party Content contained therein at their own risk.”


How does Twitch.Tv treat your content? Rights in User Content

“you or other users may create, post or store content, messages, materials, data, information, text, music, sound, photos, video,

graphics, applications, code or other items or materials on the Twitch Services (“ User Content ” and collectively with Broadcaster Content,

“ Content ”).”

- Quotes from 13. Rights in User Content, Terms of Service, 2013

“Twitch takes no responsibility and assumes no liability for any Content posted, stored or uploaded by you or any third party, or for any loss or

damage thereto, nor is Twitch liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or

profanity you may encounter. Your use of the Twitch Service is at your own risk.”“If you submit or post User Content to the Twitch Service you grant

Twitch a worldwide, nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content in any form, format, media or media channels now known or hereafter developed or discovered. You grant Twitch and our sublicensees the right to use the name that you submit in connection

with such content, if we or they choose.”


How does Twitch.Tv treat your content? Rights in User Content

Examples of User Content are videos you may broadcast, information and/or images you have submitted to the user profile section of your channel, and

anything submitted through the private messaging system on Twitch.Tv

While Twitch.Tv will take no responsibility for any circumstances that may occur from the uploading of user content to their site, they do take full rights to use that material in any way they wish, whenever they wish. These rights do not

require them to notify you of the use of your content.

Twitch.Tv =All the benefits, none of the risk

The User =“Your use of the Twitch Service is at your own

risk” - Quotes from 13. Rights in User Content, Terms of Service, 2013


“All Materials contained on the Twitch Service are the

proprietary property of Twitch or its subsidiaries or affiliated

companies and/or third-party licensors.”

DON’TTOUCH

OURSTUFF!

This means that everything you see on Twitch.tv from its graphics and

text, to computer codes and sounds, are owned by Twitch.Tv, or

subsidiaries, or affiliated companies, and/or third-party licensors…..

Phew… that’s a lot of different people

that could own the materials…

”All trademarks, service marks, and trade names are proprietary to Twitch or its affiliates and/or

third-party licensors. Twitch reserves all rights not expressly

granted in these Terms of Service.”

- Quotes from 4. License, Terms of Service, 2013

Twitch.Tv has full rights over everything on their

site

…even if it was yours to begin with..

If Twitch.Tv has full rights over everything on their site;

What does that mean for your personal information?


- Quote from All about Twitch, Privacy Policy, 2013

Privacy Policy“This Privacy Policy applies to Twitch’s

collection and use of your personal information (i.e., information that identifies a specific person, such as full name or email

address). It also describes generally Twitch’s practices for handling non-personal information (for example, interests, demographics and services usage).”


The Information Twitch Collects

• User-provided information: Includes information such as; name, e-mail address,

postal mailing address, home/mobile telephone number, and credit card number.

• “Cookies” Information: Accessing the Twitch service allows Twitch.Tv to send one

or more cookies; session cookies that disappear after you close your browser, and

persistent cookies which remain and may be used by your browser on subsequent

visits to the Twitch service.


The Information Twitch Collects

• “Automatically Collected” Information: Accessing the Twitch service or opening an

e-mail from Twitch.Tv allows them to collect information such as IP address, version

of software install, system type, dates and time you use the Twitch service, etc.

• Information from Other Sources: Twitch may obtain information, including

personally identifiable information, from third parties and sources other than the

Twitch Service, such as advertisers or social media networks for which you have

approved their access to information, e.g. Facebook.


“Twitch uses the information that you provide or that we collect

from you: to operate, maintain, enhance, and provide all of the features and services found on

the Twitch Service…”

However the important question is;

Does Twitch.Tv disclose your personal information?

E-mail addresses are used for administrative purposes, allowing Twitch.Tv to contact you, as well as promotional material and notifications; such as when your favourite broadcasters are

live.

“Automatically Collected” information and “Cookie” information are often used to create

customised advertising from third-parties.

“Twitch uses all of the information that we collect to

understand the usage trends and preferences of our Users, to improve the way the Twitch

Service works and looks, and to create new features and

functionality.”

- The way Twitch Uses Information, Privacy Policy, 2013

What Twitch.Tv does with your information


“Twitch is not in the business of sharing your personally identifiable information with other organizations for their marketing or promotional uses without your prior express

consent”

- When Twitch Discloses Information, Privacy Policy, 2013

What Twitch.Tv does with your information

The only times that Twitch.Tv concedes it may share personal information is when required to by law, or when Twitch believes, in good faith, they are required to

protect themselves against liability. Such as if someone was using their Twitch.Tv service for fraudulent activity.

Twitch.Tv does warn that any information the user chooses to place publicly, such as on a profile or during a broadcast, could be collected and used by others without

restriction.


“This Privacy Policy may be revised periodically without further notice to you and this will be reflected by a “last modified” date below. Please revisit this page to stay aware of any changes.”

- Your Choices, & Changes and Updates to this Privacy Policy, Privacy Policy, , 2013

Changes to Twitch.Tv’s Privacy Policy

Should any future changes to Twitch.Tv’s privacy policy, change how they handle personal information that has been provided to them, Twitch.Tv will make

reasonable efforts to notify the users and obtain consent before implementing revisions.

Twitch.Tv does provide contact information for users seeking more information about the Tos, Privacy Policy, personal information and third-party disclosure

practices.

“You may, of course, decline to share your personally-identifiable information with Twitch, in which case Twitch will not be able to

provide to you some of the features and functionality found on the Twitch Service”


So remember…

• Always read and regularly check the ToS and Privacy Policy of any website/service;

• That any information you place on a website or through a web service may be owned and used by that website in various ways;

• If you don’t agree with any of the ToS and Privacy Policy rules then make sure you do not use that site/service;

• Remember: It’s YOUR information – stay informed and stay in control.


References

All about Twitch, (n.d.). Retrieved October 25, 2013, from http://

www.twitch.tv/p/about

All Games, [image]. Retrieved October 25, 2013, from http://

www.twitch.tv/directory

Beyond the Summit, [image]. Retrieved October 25, 2013, from http://

www.twitch.tv/beyondthesummit

Sign-Up, [image]. Retrieved October 25, 2013, from http://www.twitch.tv/

Introduction; Your Agreement to these Terms of Service, [quote]. Retrieved

October 25, 2013, from http://

www.twitch.tv/user/legal?page=terms_of_service

http://www.twitch.tv/p/about

http://www.twitch.tv/p/about

http://www.twitch.tv/directory

http://www.twitch.tv/directory

http://www.twitch.tv/beyondthesummit




http://www.twitch.tv/user/legal?page=terms_of_service



References

Question Figure, (n.d.). Microsoft Word ClipArt. Retrieved October 30, 2013.

Kunz, C., Del Duca, M., Thayer, H., & Debrow, J. (2001). Click-Through

Agreements: Strategies for Avoiding Disputes on Validity of Assent. The Business

Lawyer, 57(1). Retrieved from http://www.jstor.org/stable/40688063

Beyond the Summit, [image]. Retrieved October 30, 2013, from http://

www.twitch.tv/beyondthesummit

2. Eligibility, (n.d.). Retrieved October 30, 2013, from


http://www.jstor.org/stable/40688063







References

Wolford, J. (2013, January 24). Facebook Still Has a Big Problem with Underage

Users, and They Know It. WebProNews. Retrieved October 30, 2013, from

http://

www.webpronews.com/facebook-still-has-a-big-problem-with-und

erage-users-and-they-know-it-2013-01

4. License, (n.d.). Retrieved October 30, 2013, from http://


10. Broadcaster, (n.d.) Retrieved November 2, 2013 from


10(f) Broadcaster, Promotions (n.d.) Retrieved November 2, 2013 from


http://www.webpronews.com/facebook-still-has-a-big-problem-with-underage-users-and-they-know-it-2013-01








References

11. Third Party Content (n.d.). Retrieved November 3, 2013 from http://


13. Rights in User Content (n.d.). Retrieved November 3, 2013 from http://


Privacy Policy (n.d.). Retrieved November 6, 2013 from http://

www.twitch.tv/user/legal?page=privacy_policy#collect

The Way Twitch Uses Information (n.d.). Retrieved November 6, 2013 from

http://www.twitch.tv/user/legal?page=privacy_policy#collect

When Twitch Discloses Information (n.d.). Retrieved November 9, 2013 from











References

Your Choices(n.d.). Retrieved November 6, 2013 from


Changes and Updates to this Privacy Policy (n.d.). Retrieved November 9, 2013

from http://www.twitch.tv/user/legal?page=privacy_policy#collect



Net303 Twitch.Tv Policy Primer

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