Net303 Twitch.Tv Policy Primer

Stacia Grooby | Curtin University | NET303

TWITCH.TV

What is Twitch.tv?

- Screenshot: All Games, Twitch.tv 2013

TWITCH.TV Policy Primer

- Screenshot: Beyond the Summit, via 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 …

- Screenshot: Signup - Twitch.tv 2013


What does „Terms of Service‟ mean for me?
“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

It‟s important to remember that..
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


This means even if you‟re just taking a
look at www.Twitch.tv …
you are still bound by the Terms of
Service just for browsing!

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


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


Do you feel Twitch.tv makes their ToS
easily accessible?
Some people feel that websites need to
go to further lengths..
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

If this was used by Twitch.Tv, then you
wouldn’t be able to view any streams
without first agreeing to the ToS. - 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.”

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…

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.”

But how does Twitch.Tv know whether someone using their service is of the
correct age?
Couldn’t they just lie?
- Quotes from 2. Eligibility, Terms of Service, 2013


How does Twitch.Tv stop underaged
users?
Ultimately, Twitch.Tv can’t stop underage users because people lie on the
Internet!
Many service providers struggle with this problem as
“It is increasingly difficult to know
the Children’s Online Privacy Protection Act (COPPA)
what to do. You can’t make
details strict laws regarding children’s online privacy,
everyone prove their age – that
thus encouraging providers to maintain age
would get privacy advocates up in
restrictions.
arms.”
- Simon Milner, U.K. & Ireland Facebook
“Facebook does have a rule that users
Policy Director (2013)
have to be over 13, as does YouTube,
which not a lot of people know. It is not
One suggestion is to simply remove age
because we think that Facebook is unsafe
restriction but provide parents ways to control
but because of a US law about children’s
their children’s activity on the site. Still begs
online privacy. So we have it as a global
the question;
rule.”
How do you stop users lying about their age?
- Simon Milner, U.K. & Ireland Facebook Policy
Director (2013)

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


How are you allowed to use Twitch.Tv
License!
“…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.

So what they’re basically saying is…


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

License!
•

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!


License!
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


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 ”).”

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 prerelease, non-public beta software/game content, and/or confidential information of
Twitch or third parties.
“Twitch reserves all rights and remedies against any Broadcasters
who breach these representations and warranties.”
- Quotes from 10. Broadcaster, Terms of Service, 2013


Twitch.Tv
Broadcaster!
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;
•

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


Twitch.Tv
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.

- www.twitch.tv/dotascene

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


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.”

Third-Party Content relates to advertising content that is displayed through Twitch.Tv,
via user channels and Twitch.Tv promotional pages.
“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.”
- Quotes from 11. Third Party Content, Terms of Service, 2013


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


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


Twitch.Tv has full rights
over everything on their site
“All Materials contained on the Twitch
Service are the proprietary property of
Twitch or its subsidiaries or affiliated
companies and/or third-party licensors.”
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…..

”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.”

Phew… that’s a lot of different people that
could own the materials…

DON’T
TOUCH
OUR
STUFF!
…even if it was yours to begin with..
- Quotes from 4. License, Terms of Service, 2013


If Twitch.Tv has full rights over
everything on their site;
What does that mean for your personal
information?

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).”
- Quote from All about Twitch, Privacy Policy, 2013


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.


What Twitch.Tv does with
your information
“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…”

“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.”

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.


However the important
question is;
Does Twitch.Tv disclose
your personal
information?
- 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”
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.
- When Twitch Discloses Information, Privacy Policy, 2013


Changes to Twitch.Tv‟s
Privacy Policy
“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.”
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”
- Your Choices, & Changes and Updates to this Privacy Policy, Privacy Policy, , 2013


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


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


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

4. License, (n.d.). Retrieved October 30, 2013, from
10. Broadcaster, (n.d.) Retrieved November 2, 2013 from

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

References
11. Third Party Content (n.d.). Retrieved November 3, 2013 from
13. Rights in User Content (n.d.). Retrieved November 3, 2013 from

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

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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Net303 Twitch.Tv Policy Primer