Terms of Service kick

 

Terms of Service

Date Modified: [August 9, 2023]

Welcome to Kick.com! These Terms of Service (these “Terms”) of Kick.com, operated by Kick Streaming Pty Ltd (ACN 663 807 645) (“Company,” “we,” or “us”) are an agreement that describes your rights and responsibilities as a User (as defined below) of the Kick.com streaming platform where Users can connect with streamers and communicate with others through postings, chatrooms, and other methods (collectively, the “Service”). This page explains the terms by which you may access and use the Service. By accessing or using the Service, or by clicking “Sign Up”, registering or accessing (or something similar), you signify that you have read, understood, and agree to be bound by these Terms and to the collection and use of your information as set forth in our Privacy Policy, whether or not you are a registered user of the Service. Company reserves the right to modify these terms and will provide notice of these changes as described below. These Terms apply to all visitors, users, and others who access the Service (“Users”).

PLEASE READ THESE TERMS CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THESE TERMS CONTAIN A MANDATORY INDIVIDUAL ARBITRATION PROVISION IN SECTION 11.3 AND CLASS ACTION/JURY TRIAL WAIVER PROVISION IN SECTION 11.7 THAT REQUIRE, UNLESS YOU OPT OUT PURSUANT TO THE INSTRUCTIONS IN SECTION 11.4, THE EXCLUSIVE USE OF FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES BETWEEN YOU AND US, INCLUDING ANY CLAIMS THAT AROSE OR WERE ASSERTED BEFORE YOU AGREED TO THESE TERMS. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU EXPRESSLY WAIVE YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS, AS WELL AS YOUR RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, PRIVATE ATTORNEY GENERAL OR REPRESENTATIVE ACTION OR PROCEEDING.

1. The Service

Company provides a platform for online streaming services where Users can connect with streamers and communicate with others through postings, chatrooms, etc. Users may visit the website, view content, post content and chat with other Users.

1.1 Eligibility

This is a contract between you and Company. You must read and agree to these terms before using the Service. If you do not agree, you may not use the Service. You may use the Service only if you can form a binding contract with Company, and only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Service by anyone under 13 (or under 16 in Europe) is strictly prohibited and in violation of these Terms. If you are a minor (which is under the age of 18 in most states), you may use the Service only with the involvement of a parent or legal guardian and their consent and agreement to these Terms. If you are under 18, you represent and warrant that you have your parent or guardian’s permission to use the Service and that your parent or guardian is agreeing to these Terms. If you are a parent or legal guardian of a User under the age of 18, by allowing your child to use the Service, you are subject to these Terms and responsible for your child’s activity on the Service. The Service is not available to any Users previously removed from the Service by Company.