Check out our newest Feature. Tussle Date
Tussle Inc
The Ultimate Battle App
Tussle was made where creators and gifters can earn and have fun.
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Creator Perks
Mon Wed Fri Payouts
Keep 60% of your Earnings
Intro to Brands
No Account Suspension*
Mental Health Counseling Services
Gifter Perks
Cool Merch at Each Gifter Level
MVP Tussle Token Rewards
Cash Prizes
Ranking Perks
Top 1 gets 7%
Top 2 gets 5%
Top 3 gets 4%
Begins after Beta
Download the App Now
Download the Alpha
Google Play
Apple App
Join our community
Want to know the latest information about our tournaments? Join our Discord
© 2024 Tussle Inc. All rights reserved.
About Us
CEO & Founder
Viola J. Carmona
Chief Technical Officer
Himanshu Gajwani
Area Director: Latin America
Joanna Lizarraga
Tussle Mods & Customer Service
Adam
Anai
© 2024 Tussle Inc. All rights reserved.
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© 2024 Tussle Inc. All rights reserved.
Welcome to Tussle Agency
Are you a creator that wants to take your brand to the next level. Join Tussle Agency where we partner with famous brands to give you the best brand deals and exposure.
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© 2024 Tussle Inc. All rights reserved.
End User License Agreement
This End User License Agreement ("Agreement") is a legal contract between you ("User" or "You") and Tussle Inc ("Company," "We," or "Us") governing your use of the Company's social media platform and related services ("Service"). By accessing or using the Service, you agree to be bound by the terms and conditions of this Agreement.
1. License Grant
Subject to the terms and conditions of this Agreement, Company grants You a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal or commercial purposes, as permitted by Company's policies and applicable laws.
2. User Content
By using the Service, You may submit, post, or display content, including but not limited to text, photos, videos, and other materials ("User Content"). You retain all intellectual property rights in and to Your User Content. By submitting User Content, You grant Company a worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform Your User Content in connection with the Service and Company's business operations.
3. Prohibited Conduct
You agree not to engage in any of the following prohibited activities while using the Service:
Violating any applicable laws or regulations;
Infringing upon the intellectual property rights of others;
Uploading, transmitting, or distributing any harmful, offensive, or illegal content;
Interfering with the operation of the Service or any user's enjoyment of the Service;
Attempting to gain unauthorized access to the Service or any related systems or networks;
Misrepresenting your identity or affiliation with any person or entity;
Collecting or harvesting any personally identifiable information from the Service without consent.
No tolerance for objectionable content or abusive users
4. Privacy
Your use of the Service is subject to Company's Privacy Policy, available [insert link to privacy policy]. By using the Service, You consent to the collection, use, and disclosure of your personal information in accordance with the Privacy Policy.
5. Intellectual Property
The Service, including its software, graphics, user interface, and other content, are owned by Company and are protected by copyright, trademark, and other intellectual property laws. You may not modify, adapt, reproduce, distribute, or create derivative works based on the Service without Company's prior written consent.
6. Termination
Company reserves the right to suspend or terminate your access to the Service at any time, for any reason or no reason, without liability to You. Upon termination, all licenses, income and rights granted to You under this Agreement will immediately cease.
7. Disclaimer of Warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.
8. Limitation of Liability
IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of [Insert Jurisdiction], without regard to its conflict of law principles.
10. Entire Agreement
This Agreement constitutes the entire agreement between You and Company regarding your use of the Service, superseding any prior agreements or understandings between You and Company.
By accessing or using the Service, You acknowledge that You have read, understood, and agree to be bound by this Agreement.
If You have any questions about this Agreement, please contact us at viola@gettussle.com.
© 2024 Tussle Inc. All rights reserved.
Tussle Inc Community Guidelines 2.0 - Updated 01/04/24
Welcome to Tussle Inc, a thriving live-streaming platform designed for Creators to express themselves freely while producing high-quality content for a thoughtful and mature audience. Our community thrives on engaging and enjoyable battles, emphasizing constructive dialogue over knee-jerk reactions often associated with ‘cancel culture.’ While we cherish free speech, we firmly reject its use as a shield for hate speech.Rather than resorting to blanket punitive measures, we advocate a reformative approach by collaborating with our Creators. Open discussions about actions, intent, and potential remediation are crucial in fostering elevated standards, respect, and trust within our community. Our focus is on long-term solutions addressing root issues and promoting positive change.Occasionally, Creators may vary in style and tone. If a Creator’s content doesn’t align with your preferences, exercise your agency by exploring alternative categories and styles. Simultaneously, Creators are encouraged to focus on their unique style without imposing preferences on others. Our goal at Tussle Inc is to cultivate an atmosphere of enjoyment and mutual respect.We aspire for users to discover or create their own Tussle Inc battle spaces, shaping the future of live-streaming. Privacy and safety are paramount, with the ‘Report’ button accessible to all members. Your reports play a vital role in maintaining a secure and respectful environment. We investigate all reports thoroughly to ensure Tussle Inc remains welcoming for everyone.Each Content Creator can establish their unique set of rules, and it’s essential to respect and adhere to community guidelines. Channel moderators maintain a positive atmosphere, addressing disruptive behavior when necessary. While situations may be frustrating, we encourage reflection rather than creating additional accounts for harassment.Tussle Inc embraces the lively nature of live-streaming, allowing for spirited battles. Total control may be challenging, as we believe in fostering an environment where everyone can express themselves freely while respecting others. Your input is crucial in ensuring a safe and enjoyable experience for all, and we anticipate evolving our guidelines based on collective efforts and user feedback.Guidelines:1. No Pornography: Tussle Inc strictly prohibits sharing or creating pornographic material. Explicit content includes solicitation of sexual services, depictions of genital caressing, and graphic depictions of sexual bodily fluids. Adherence to these guidelines ensures a respectful and safe community.2. No Hate Speech: Tussle Inc is committed to fostering a diverse and respectful community. Hate speech violations include attempts to physically harm others, using weapons to threaten, encouraging violence, spreading hate speech related to various factors, and engaging in cyberbullying or doxxing.3. No False-Sensationalism: We value diversity of thought and open dialogue. Misuse of content to harm reputations or create false narratives is strictly prohibited. Engage in civil discussions rather than resorting to misleading tactics for a constructive community.4. No Doxxing: We prioritize the safety and privacy of our community members. Any form of doxxing, DDOS attacks, or swatting is strictly prohibited and will result in enforcement actions. We cooperate fully with law enforcement in cases of illegal activities.5. No Botting or Inflating Metrics: Using bots or artificially inflating metrics is prohibited on Tussle Inc to uphold platform integrity. Engaging in such activities risks denial from the Creator Incentive Program and disrupts genuine interaction between Creators and their audience.6. No Impersonation, Scams, or Solicitation: Users must refrain from impersonation, scams, and solicitation, respecting copyrights and avoiding spam or unwanted services. Content restrictions include respecting intellectual property rights and not sharing unauthorized content.7. Keeping Your Channel Clean and Compliant: Properly label your stream, label content as 18+ if applicable, ensure username compliance, and adhere to political content guidelines.8. No Self-Destructive Behavior: Promoting self-harm or engaging in actions that may harm mental health is strictly prohibited. We encourage open dialogue around mental health while maintaining a safe environment.9. No Promoting Terrorism and Violent Extremism: Tussle Inc has a zero-tolerance policy for promoting terrorism and violent extremism. This includes sharing content that supports or glorifies such activities. Violations will face strict enforcement measures and cooperation with law enforcement.10. Protecting Minors: Anyone under 18 is not allowed on the app. A zero-tolerance policy for Child Sexual Abuse Material (CSAM) is in place, with severe enforcement actions and cooperation with law enforcement for violators.
© 2024 Tussle Inc. All rights reserved.
DMCA & CopyrightWe take intellectual property rights of others seriously and expect that our users do the same.Tussle Inc acts in accordance with the Digital Millennium Copyright Act of 1998, If you own a copyright or have authority to act on behalf of a copyright owner and want to report a claim that a third party is infringing that material on or through Tussle Inc’s services, please send a notice that meets the minimum requirements of the DMCA, to dmca@gettussle.com, and we will take appropriate action.DMCA notice requirements
You must include:A description of the copyrighted work that you claim is being infringed;
A description of the material you claim is infringing and that you want removed or access to which you want disabled and the URL or other location of that material;
Your name, title (if acting as an agent), address, telephone number, and email address;
The following statement: “I have a good faith belief that the use of the copyrighted material I am complaining of is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)”;
The following statement: “The information in this notice is accurate and, under penalty of perjury, I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right that is allegedly infringed”; and
An electronic or physical signature of the owner of the copyright or a person authorized to act on the owner’s behalf.
Submissions under this DMCA Policy should be sent to dmca@gettussle.comWe will review your submission and take whatever action we deem appropriate under the DMCA, including the removal of the challenged content from the website. Further more, we may, in appropriate circumstances, disable access or terminate the account(s) of the reported user(s).DMCA Counter Notice requirements
If it is not possible to come to an agreement with the reporting copyright owner, the content owner may submit a DMCA Counter-Notice to dmca@gettussle.com. If we receive a valid counter-complaint, we will email a copy of the notice to the copyright owner. The Counter-Notice is a legal document and must comply with the requirements of the DMCA and must include the following:URL(s) where the material that was the subject of the notification of claimed infringement appeared before it was identified, removed, or access to it was disabled
Name of the claimant who submitted the notification
Your Tussle Inc channel name (e.g., gettussle.com/Username)
Your full legal name
Your email address
Your full postal address (Street, Unit #, State, Mailing Code, Country)
Your phone number, including International Code
Verify these statements by including, and adding your name and signature to, the following affidavit:
If based in the United States: “I consent to the jurisdiction of the Federal District Court for the judicial district in which my provided address is located”
If based outside of the United States: “I consent to the jurisdiction of any United States Federal District Court in which Tussle Inc may be found”
Trademark takedown request requirements
If you’re sure you want to report content on Tussle Inc that you believe infringes your trademark, please provide the following information:Details of the original trademark (and a description if it’s a logo).
A list of the countries in which the trademark is registered.
The registration number(s) of the trademark.
A scanned copy of the trademark registration certificate(s) or screenshot of the registration on the website or
database of the applicable national intellectual property office(s).
A declaration of the following statement: “By submitting this notice, I state that I have a good-faith belief that the reported use, in the manner that I have complained of, is not authorized by the intellectual property rights owner, its agent or the law; that the information contained in this notice is accurate; and, under penalty of perjury, that I am authorized to act on behalf of the owner of the intellectual property rights at issue”.
You can send this information to dmca@gettussle.com.Repeat Infringer Policy
We will suspend or terminate accounts if the user is determined to be a “repeat infringer”. In appropriate cases and at our sole discretion we may limit access to the Tussle Inc service and/or terminate accounts of users who blatantly infringe the intellectual property rights of others whether or not repeat infringement has occurred. This could for example happen if a relevant court rules that the account holder is a infringer.
© 2024 Tussle Inc. All rights reserved.
Tussle Inc PRIVACY NOTICE
Date Modified: 01/03/2024
Welcome! We are Tussle Inc a gaming livestreaming platform. Our goal is to create a creator-friendly streaming service for content creators.
This Privacy Notice explains how Tussle Inc, operated by Tussle Inc, (“Tussle Inc”, “Company”, “we”, “us” or “our”) collects, uses, discloses, and otherwise processes personal information (as defined below) in connection with our websites and services and other websites we own and operate that link to this Privacy Notice, and the related content, platform, services, products, and other functionality offered on or through our services (collectively, the “Services”). It does not address our privacy practices relating to Tussle Inc job applicants, employees and other personnel.
Tussle Inc’s the controller of the personal information we hold about you in connection with your use of the Services. This means that we determine and are responsible for how your personal information is used.
1. What is personal information?
When we use the term “personal information” in this Privacy Notice, we mean any data or information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular individual
2. Our collection and use of personal information
We collect personal information in a variety of ways. For example, you may provide us your personal information when you register for an account, post a review, send us messages or use some other feature of our Services. We may also collect information automatically through the use of our Services, or we may collect your personal information from third parties (collection from third parties is explained in the 'Personal information obtained from third parties' section below).
We may link or combine your activities and information collected from you on our websites with information we receive from third parties, as well as information we collect automatically through tracking technologies (defined below). This allows us to provide you with a personalized experience regardless of how you interact with us.
Personal information collected from you
We may collect the following categories of Personal Information submitted to us when you create an account or use our Services:
— contact information, including first and last name, email address and physical address to communicate with you directly, and to send you marketing communications in accordance with your preferences;
— account information, including first and last name, email address, physical address, user ID profile information, account balances, payment and purchase history information, and any other information you provide to us. We use this information to administer your account, provide you with the relevant service and information, communicate with you regarding your account and your use of the Services, and for customer support purposes;
— payment information. If you sign up for one of our Services requiring payment, including subscribing to creator content or buying Tussle Inc We collect the information needed to facilitate such payment, including your crypto wallet information or other payment card information. We use third-party crypto and credit card payment processors, including Stripe, to process transactions. As such, we do not retain any financial information directly in connection with crypto payments (such as credit card numbers). Rather, all such information is provided directly by you to our third party processor. Stripe’s use of your personal information is governed by their privacy notice, which may be found at https://stripe.com/privacy ;
— identification information, including government issued IDs and tax ID numbers prior to creators cashing out any earnings or Tussle Inc through the Services. We use third-party identification verification service providers to collect this information directly and facilitate all identity and background checks. These providers will only process this information to provide us with the identity verification and background check services. Additional privacy information may be made available to you by the third parties at the time your information is collected;
— inquiry and communications information, including information provided in custom messages sent through the forms, in chat messages, to one of our email addresses, or via phone. This also includes contact information provided on our Services. We use this information to investigate and respond to your inquiries, and to communicate with you, to enhance the services we offer to our users, and to manage and grow our organization;
— newsletter and promotional messages, including email address and applicable interests and communication preferences. We use this information to manage our communications with you and send you information about products and services we think may be of interest to you. If you are a creator, we may also contact you with information about your account, your audience, your activities, or your payments. If you wish to stop receiving promotional email messages from us, simply click the “unsubscribe link” provided at the bottom of the email communication. You will not be able to unsubscribe from certain services-related email communications (e.g., account verification, confirmations of transactions, and technical or legal notices);
— contest, sweepstakes, and survey information, including information provided when you enter a contest or sweepstakes, or information included in any questions submitted through surveys or content of any testimonials. We use this information to administer and facilitate the Page 3 ME2086613762 Services, to respond to your submission, to communicate with you, to conduct market research, to inform our marketing and advertising activities, and to improve and grow our business;
— event and webinar information, including registration information, call-in details, attendee badge information, and contact information. We use this information to administer and facilitate the Services and improve and grow our business;
— information collected through the use of the Services, including any files, documents, videos, images, data, or information you choose to upload or transmit through your communications with us or your use of the Services (collectively, “User Content”), including User Content uploaded in connection with any streams, such as comments and reactions. Additionally, if you are a streamer, we may collect information you provide through your streams, such as the metadata associated with your streams and engagement statistics. User Content and any information contained in the User Content, including personal information you may have included, is stored and collected as part of the Services. We use the User Content to provide you with the Services. Please note that all User Content, including your profile information, is posted publicly. For information on your options regarding public information, please see the ’Control over your personal information (including accessing and correcting it)’ section below; and
— feedback information, including feedback and ratings you provide relating to the Services. We use this information to communicate with you, to conduct market research, inform our marketing and advertising activities and improve and grow our business.
Personal Information Automatically Collected
As is true of many digital properties, we and our third party partners may automatically collect certain information from or in connection with your device when visiting or interacting with our Services, such as the list below and in the sub-sections here:
— log data, including internet protocol (IP) address, operating system, device type and version, browser type and version, browser ID, the URL entered and the referring page/campaign, date/time of visit, other user agent string data, the time spent on our Services, and any errors that may occur during the visit to our Services. Log data may overlap with the other categories of data below;
— analytics data, including the electronic path you take to our Services, through our Services and when exiting our Services, UTM source, as well as your usage and activity on our Services, such as the time zone, activity information (first and last active date and time), usage history (flows created, campaigns scheduled, emails opened, total log-ins) as well as the pages, links, objects, products and benefits you view, click or otherwise interact with. We may also analyze the interaction between you and your customer using our Services;
— location data, including geolocation that we or our third-party providers may derive from your IP address;
— cookie data,including (i) cookies or small data files that are stored on an individual’s computer and (ii) other, related technologies, such as web beacons, pixels, embedded scripts, location-identifying technologies and logging technologies (collectively, “cookies”) to automatically collect this personal information. We may also use this information to distinguish you from other users of our Services. This helps us monitor and analyze how you use and interact with our Services. It also helps us and our partners to determine products and services that may be of interest to you. For more information about these practices and your choices regarding cookies, please see the “Control over your information” section.
Personal information obtained from third parties
We also obtain personal information from third parties; which we may combine (either automatically or directly) with personal information we collect from an individual.
We may receive the same categories of personal information as described above from the following third parties:
Tussle Inc entities: We may receive personal information from other companies and brands owned or controlled byTussle Inc, and other companies owned by or under common ownership as Tussle Inc We may use this information to operate, maintain, and provide to you the features and functionality of the Services, as well as to communicate directly with you, such as to send you email messages about products and services that may be of interest to you.
Other users or individuals who interact with our Services: We may receive your information from other users or other individuals who interact with our Services. For example, we may collect information from individuals who interact with your streams and associate this information with your account. We use this information to operate, maintain, and provide to you the features and functionality of the Services, as well as to communicate directly with you, such as to send you email messages about products and services that may be of interest to you.
Social media: When an individual interacts with our Services through various social media networks, such as when someone “Likes” us or provides comments on Facebook, or follows us or shares our content on Google, Facebook, Twitter or other social networks, we may receive some information about individuals that they permit the social network to share with third parties. The data we receive is dependent upon an individual’s privacy settings with the social network, and may include your profile information, profile picture, gender, username, user ID associated with your social media account, age range, language, country, and any other information you permit the social network to share with third parties. Individuals should always review and, if necessary, adjust their privacy settings on third party websites and social media networks and services before sharing information and/or linking or connecting them to other services. We use this information to operate, maintain, and provide to you the features and functionality of the Services, as well as to communicate directly with you, such as to send you email messages about products and services that may be of interest to you.
Third party service providers: Our service providers that perform services on our behalf, such as survey and marketing providers, information technology providers, and payment, identity and crypto partners, collect personal information and may share some or all of this information with us. The information may include contact information, demographic information, identification information, payment information, information about your communications and related activities, and information about your orders. We use this information to validate your identity, age and address, to comply with our legal obligations, to monitor activity to identify and provide you with promotions and offers, and to prevent fraud, protect our rights and the rights of others, to inform our marketing and advertising activities, and to help provide our Services.
Business partners: We may receive your information from our business partners, such as companies that offer their products and/or services on our Services. We may use this information to administer and facilitate our services, your orders, and our marketing activities.
Information we receive from authentication services you connect to our Services: Some parts of our Services may allow you to login through a third party social network or authentication service such as Facebook, Apple or Google. These services will authenticate your identity and provide you the option to share certain personal information with us, which could include your name, email address, address book and contacts, or other information. The data we receive is dependent on that third party’s policies and your privacy settings on that third party site. We use this information to operate, maintain, and provide to you the features and functionality of the Services. We may also send you Service-related emails or messages (e.g., account verification, purchase confirmation, customer support, changes, or updates to features of the Services, or technical or security notices).
Other sources: We may also collect personal information about individuals that we do not otherwise have from, for example, publicly available sources, third party data providers, brand partnerships, or through transactions such as mergers and acquisitions. We use this information to operate, maintain, and provide to you the features and functionality of the Services, as well as to communicate directly with you, such as to send you email messages about products and services that may be of interest to you.
Through the provision of our Services, we may also process aggregated or de- identified information that cannot reasonably be used to infer information about, or otherwise be linked to, a particular consumer or household. Aggregated and de-identified information is not subject to this Privacy Notice so long as Tussle Incmaintains and uses the information in de-identified form and does not attempt to re-identify the information.
Additional uses of personal information
We may also use personal information we collect:
to fulfill or meet the reason the information was provided, such as to deliver the Services you have requested and to process transactions;
to manage our organization and its day-to-day operations;
to verify your identity and entitlement to our Services, when you contact us or access our Services;
to register you for and provide you access to events and webcasts;
to communicate with you, including via email, text message, social media and/or telephone calls;
to request you to complete surveys about our organization, organizations we partner with, and the Services;
for marketing and advertising purposes, including to market to you or offer you information and updates on products or services we think that you may be interested in through email. Where applicable, we may send you marketing messages if you have given us your consent to do so or where we have relied on the soft opt-in rule;
to administer, improve and personalize our Services, including by recognizing you and remembering your information when you return to our Services;
Process payment for our Services;
to process payment for our Services;
to facilitate customer benefits and services, including customer support through our command center services;
to identify and analyze how you use our Services;
to conduct research and analytics on our customer and user base and our
3. Our disclosure of personal information
We may share, transmit, disclose, grant access to, make available, and provide personal information with and to third parties, as follows:
Tussle Inc entities: We may share personal information with other companies owned or controlled by Tussle Inc and other companies owned by or under common ownership as Tussle Inc, which also includes our subsidiaries (i.e., any organization we own or control) or our ultimate holding company (i.e., any organization that owns or controls us) and any subsidiaries it owns, particularly when we collaborate in providing the Services.
Customer service and communication providers: We share personal information with third parties who assist us in providing our customer services and facilitate our communications with individuals who submit inquiries or register for our regular newsletters.
Other service providers: In addition to the third parties identified above, we engage other third party service providers that perform business or operational services for us or on our behalf, such as website hosting, infrastructure provisioning, IT services, analytics services, employment application-related services, payment processing services, and administrative services.
Other users and the public: If you participate in any of our online communities or purchase goods or services via our Services, we may disclose your public profile information to other online community members, as well as any other information you choose to provide or make public.
Contests, sweepstakes, and survey providers: We share personal information with third parties who assist us in delivering our contests, sweepstakes, or survey offerings and processing the responses.
Ad networks and advertising partners: We work with third party ad networks and advertising partners to deliver advertising and personalized content on our Services, on other websites and services, and across other devices. These parties may collect information directly from a browser or device when an individual visits our Services through cookies or other data collection technologies. This information is used to provide and inform targeted advertising, as well as to provide advertising-related services such as reporting, attribution, analytics and market research. Please see the Third party data collection and online advertising section below.
Business transaction or reorganization: We may take part in or be involved with a corporate business transaction, such as a merger, acquisition, joint venture, or financing or sale of company assets. We may disclose personal information to a third-party during negotiation of, in connection with or as an asset in such a corporate business transaction. Personal information may also be disclosed in the event of insolvency, bankruptcy or receivership.
Legal obligations and rights: We may disclose personal information to third parties, such as legal advisors and law enforcement:
in connection with the establishment, exercise or defence of legal claims;
to comply with laws or to respond to lawful requests and legal process;
to protect our rights and property and the rights and property of others, including to enforce our agreements and policies;
to detect, suppress, or prevent fraud;
to protect the health and safety of us and others; or
as otherwise required by applicable law.
With your consent: We may disclose personal information about an individual to certain other third parties or publicly with their consent or direction. For example, with an individual’s consent or direction we may post their testimonial on our Services or service-related publications.
4. Third party data collection and online advertising
We may participate in interest-based advertising and use third party advertising companies to serve you targeted advertisements based on your browsing history. We permit third party online advertising networks, social media companies and other third party services to collect information about your use of our Services over time so that they may play or display ads on our Services, on other websites or services you may use, and on other devices you may use. Typically, though not always, the information used for interest-based advertising is collected through cookies and similar technology, which recognize the device you are using and collect information, including click stream information, browser type, time and date you visited the Services, AdID, precise geolocation and other information. We may share a common account identifier (such as a hashed email address or user ID) with our third party advertising partners to help identify you across devices. We and our third party partners use this information to make the advertisements you see online more relevant to your interests, as well as to provide advertising-related services such as reporting, attribution, analytics and market research. We may also use services provided by third parties (such as social media platforms) to serve targeted ads to you and others on such platforms. We may do this by providing a hashed version of your email address or other information to the platform provider.
Please see the “Online ads and control over your information” section below, to learn how you can opt-out of interest-based advertising.
We may engage in the following:
Social media platforms: We may display targeted advertising to you through social media platforms, such as Facebook, Twitter, Instagram, LinkedIn, and other social media platforms. These companies have interest-based advertising programs that allow us to direct advertisements to users who have shown interest in our Services while those users are on the social media platform, or to groups of other users who share similar traits, such as likely commercial interests and demographics. We may share a unique identifier, such as a user ID or hashed email address, with these platform providers or they may collect information from our website visitors through a first-party pixel, in order to direct targeted advertising to you or to a custom audience on the social media platform. These advertisements are governed by the privacy policies of those social media companies that provide them. If you do not wish to receive targeted ads on your social networks, you may be able to adjust your advertising preferences through your settings on those networks.
Third party marketing partners: We work with a variety of third party partners to provide advertising services. For example, we use Google Analytics to recognize you and link the devices you use when you visit our Services on your browser, log in to your account on our Services, or otherwise engage with us. We share a unique identifier, like a user ID or hashed email address, with Google to facilitate the service. Google Analytics allows us to better understand how our users interact with our Services and to tailor our advertisements and content to you. For information on how Google Analytics collects and processes data, as well as how you can control information sent to Google, review Google's website, “How Google uses data when you use our partners’ sites or apps” located at www.google.com/policies/privacy/partners/. You can learn about Google Analytics’ currently available opt-outs, including the Google Analytics Browser Ad-On here: https://tools.google.com/dlpage/gaoptout/.
We may also utilize certain forms of display advertising and other advanced features through Google Analytics. These features enable us to use first-party cookies (such as the Google Analytics cookie) and third party cookies (such as the DoubleClick advertising cookie) or other third party cookies together to inform, optimize, and display ads based on your past visits to the Services. You may control your advertising preferences or opt-out of certain Google advertising products by visiting the Google Ads Preferences Manager, currently available at https://google.com/ads/preferences, or by visiting NAI’s online resources at http://www.networkadvertising.org/choices.
For more information about these practices and your choices regarding cookies, please see the “Control over your personal information” section below.
5. Control over your personal information
You may control your information in the following ways:
Accessing Your personal information: If you would like to request access to your personal information, you can contact us directly at privacy@gettussle.com. We may need to verify your identity before responding to your request.
Correcting, modifying or deleting your personal information: If you would like to seek the correction of your personal information or if you have any questions about reviewing, modifying, or deleting personal your information, including public information, you can contact us directly at privacy@gettussle.com. We may need to verify your identity before responding to your request. We may not be able to correct, modify or delete your information in all circumstances.
Our Services' access to your device information: You may control our Services’ access to your device information through your “Settings” app on your device. For instance, you can withdraw permission for the Services to access your network devices and geolocation and to integrate with your other applications.
Email communications preferences: You can stop receiving promotional email communications from us by clicking on the “unsubscribe” link provided in such communications. You may not opt-out of Service-related communications (e.g., account verification, transactional communications, changes/updates to features of the Services, technical and security notices).
Push notifications: You can stop receiving push notifications from us by changing your preferences in the iOS or Android notifications settings menu.
SMS messaging. You may opt-out of receiving SMS text messages at any time. However, unsubscribing from text messages will not stop you receiving SMS messages fromTussle Inc directly relating to your use of the Services, such as for account login (e.g., we may send you a security verification code). To unsubscribe from SMS messages, you can reply STOP to any one of our text messages. For more information, see our Terms of Use.
Cookies: For information about our (and our third party partners’) use of cookies and related technologies to collect information automatically, and any choices you may have in relation to cookies, please see the “Information we collect automatically” section above.
Online ads: TTo learn more about interest-based advertising and how you may be able to opt-out of some of this advertising, residents outside of the European Economic Area, United Kingdom and Switzerland may wish to visit the Digital Advertising Alliance’s (DAA’s) resources and/or the Network Advertising Initiative’s (NAI’s) resources, at www.aboutads.info/choices or http://www.networkadvertising.org/choices/. If you are in the European Economic Area, United Kingdom or Switzerland: https://youronlinechoices.eu/. You may also be able to limit interest-based advertising through the settings menu on your mobile device by selecting “limit ad tracking” (iOS) or “opt-out of interest-based ads” (Android). You may also be able to opt-out of some (but not all) interest-based advertising served by mobile ad networks by visiting http://youradchoices.com/appchoices and downloading the mobile AppChoices app.
You should be aware that when you opt-out of receiving interest-based advertisements, this does not mean you will no longer see advertisements from us or on our Services. Rather, it means that the online ads that you do see from DAA program participants may not be based on your interests. We are not responsible for the effectiveness of, or compliance with, any third parties’ opt- out options or programs or the accuracy of their statements regarding their programs. In addition, third parties may still use cookies to collect information about your use of our Services, including for analytics and fraud prevention as well as any other purpose permitted under the DAA’s Principles.
6. Complaints
You can make a privacy complaint to us by contacting privacy@gettussle.com. We will respond to you within a reasonable period of time to acknowledge your complaint and inform you of the next steps we will take in dealing with your complaint. If you are not satisfied that your complaint has been resolved then you can request from us the contact information for the relevant local governing body regarding your complaint.
7. Personal information of children
Our Services are not directed to, and we do not intend to, or knowingly, collect or solicit personal information from children under the age of 13. If an individual is under the age of 13, they should not use our Services or otherwise provide us with any personal information either directly or by other means. If a child under the age of 13 has provided personal information to us, we encourage the child’s parent or guardian to contact us to request that we remove the personal information from our systems. If we learn that any personal information we collect has been provided by a child under the age of 13, we will promptly delete that personal information.
8. Cookies and similar technologies used on our Services
Our Services use cookies and similar technologies such as pixels and Local Storage Objects (“LSOs”) like HTML5 (together “cookies”) to distinguish you from other users of our Services. This helps us to provide you with a good experience when you browse our Services and also allows us to monitor and analyse how you use and interact with our Services so that we can continue to improve our Services. It also helps us and our partners to determine products and services that may be of interest to you.
We use the following types of cookies:
Strictly necessary cookies. These are cookies that are required for the operation of our Services. They include, for example, cookies that enable you to log into secure areas of our Services, and stay logged in while you browse our Services.
Analytical/performance cookies. They allow us to recognize and count the number of visitors and to see how visitors move around our Services when they are using it. This helps us to improve the way our Services works, for example, by ensuring that users are finding what they are looking for easily.
Functionality cookies. These are used to recognize you when you return to our Services. This enables us to personalize our content for you, greet you by name, and remember your preferences (for example, your choice of language or region).
Other than strictly necessary cookies, which are required for the operation of our Services, we will only place cookies on your device if you give us your consent to do so. We will ask you to tell us which cookies you agree to receive when you first access our Services. You can also change your cookie preferences at a later date on the “Cookie Preferences” page on the Services.
Most browsers also allow you to change your cookie settings to block certain cookies. However, if you choose to refuse all cookies, you may not be able to use the full functionality of our Services. These settings will typically be found in the "options" or "preferences" menu of your browser. In order to understand these settings, the following links may be helpful, otherwise you should use the "Help" option in your browser for more details.
Cookie settings in Internet Explorer
Cookie settings in Firefox
Cookie settings in Chrome
Cookies settings in Safari web and iOS.
If you would like to find out more about cookies and other similar technologies, please visit www.allaboutcookies.org. or the Network Advertising Initiative's online sources at www.networkadvertising.org.
You should also be aware that deleting or blocking cookies may not be effective for all types of tracking technologies, such as Local Storage Objects (LSOs) like HTML5.
9. Data collection technologies used in our emails
Our emails may contain tracking pixels that identify if and when you have opened an email that we have sent you, how many times you have read it, and whether you have clicked on any links in that email. This helps us measure the effectiveness of our marketing email campaigns, make the emails we send to you more relevant to your interests, and understand if you have opened and read any important administrative emails we might send you.
Many popular email clients will allow you to block these pixels by disabling certain external images in emails. You can do this through the settings on your email client – these generally give you the option of choosing whether emails will display "remote images", "remote content" or "images" by default.
Some browsers also give you the option of downloading and installing extensions that block pixels and other tracking technologies.
10. Storage, security and international transfers of your personal information
We store your personal information electronically.
Security. We have implemented reasonable precautions to protect the information we collect from loss and misuse and from unauthorized access, disclosure, alteration and destruction. Please be aware that, despite taking every reasonable effort, no data security measures can ever guarantee security.
You should take steps to protect against unauthorized access to your password, phone, and computer by, among other things, logging off after using a shared computer, choosing a robust password that nobody else knows or can easily guess, and keeping your login credentials secret. To the extent permitted by law, we are not responsible for any loss, cost, liability or expense incurred by you should you fail to do any of these things.
International transfers of your personal information. TThe personal information we collect may be transferred to and stored in countries outside of the jurisdiction you are in where we and our third party service providers have operations, including in the United States If you are accessing our Services from the European Economic Area (“EEA”), UK or Switzerland, your personal information will be processed outside of the EEA, the UK and Switzerland.
In the event of such a transfer, we will ensure that: (i) the personal information is transferred to countries recognised as offering an equivalent level of protection to that of the EEA ; or (ii) the transfer is made pursuant to appropriate safeguards, such as standard contractual clauses adopted by the European Commission. If you wish to enquire further about these safeguards used, please contact us using the details set out at the end of this Privacy Notice.
11. Profiling
We may analyze personal information we have collected about you to create a profile of your interests and preferences so that we can contact you with information that is relevant to you. We may make use of additional information about you when it is available from external sources to help us do this effectively. We may also use personal information about you to detect and reduce fraud and credit risk.
12. Links to third party websites or services
Our Services may include links to third party websites, plug-ins and applications. Except where we post, link to or expressly adopt or refer to this Privacy Notice, this Privacy Notice does not apply to, and we are not responsible for, any personal information practices of third party websites and online services or the practices of other third parties. To learn about the personal information practices of third parties, please consult their respective privacy notices.
13. Updates to this Privacy Notice
We may update this Privacy Notice from time to time. When we make changes to this Privacy Notice, we will change the date at the beginning of this Privacy Notice. Any changes or modifications will be effective immediately upon posting of the changes or modifications, and, to the extent permitted by law, retroactively to all personal information we have already collected. Your continued access to or use of the services after this Privacy Notice has been modified signifies your acknowledgement of the updated Privacy Notice. As a result, you should frequently review this Privacy Notice to ensure you are comfortable with our privacy practices.
14. Contact us
If you have any questions or requests in connection with this Privacy Notice or other privacy-related matters, please send an email to privacy@gettusslecom.
Our Data Protection Officer (DPO) can be reached at legal@gettussle.com. We will respond to your inquiry within 30 days of its receipt or within the maximum applicable timeline in your jurisdiction.
You may have information mailed to us by sending a letter to 2/287 Collins Street, Melbourne VIC 3000 Australia. Please ensure the letter includes your registered email address and the details of your request.
15. Region-specific provisions
We may elect to, or be required by law to, provide different or additional information relating to the processing of personal information (as defined below) about residents of certain countries, regions or states. Please refer below for additional information that may be applicable to you:
EEA, United Kingdom or Switzerland
If you are located in the EEA (being the Member States of the European Union together with Iceland, Norway, and Liechtenstein), United Kingdom, or Switzerland, please see the “Additional EEA, United Kingdom, and Switzerland Privacy Disclosures” section for additional European-specific privacy disclosures.
ADDITIONAL EEA, UNITED KINGDOM AND SWITZERLAND PRIVACY DISCLOSURES
These Privacy Disclosures set out information about how we use your personal information when you access our Services from the EEA, United Kingdom ("UK") and Switzerland. Please ensure that you have read and understood these Privacy Disclosures alongside our Terms of Service ("TOS") before you access or use the Service.
Personal information: When we use the term “personal information” in these Privacy Disclosures, we mean information relating to an identified or identifiable natural person.
Personal information we collect and how we use it
We collect specific categories of personal information from you when you use our Services or from third parties. For a list of the categories of personal information and how we use it, please visit the “Our collection and use of personal information” section of our Privacy Notice.
We will indicate to you, at the point that we collect personal information from you, if the provision of certain personal information is mandatory or optional. Some information, such as your name, address, payment transaction information, and information on your requested services, may be necessary for your use of certain features and functionalities of the Services. If you choose not to provide personal information marked as mandatory, we may not be able to provide those aspects of the Services to you, or to respond to your queries and other requests.
How long will we store your personal information?
We will usually store the personal information we collect about you for no longer than necessary for the purposes set out in this Privacy Notice, and in accordance with our legitimate business interests and applicable law. For example, if your personal information is subject to the EU GDPR or UK GDPR, the criteria used to determine the period for which personal information about you will be retained varies depending on the legal basis under which we process the personal information:
Contract. Where we are processing personal information is based on contract, we generally will retain your personal information for the duration of the contract plus some additional limited period of time that is necessary to comply with law or that represents the statute of limitations for legal claims that could arise from our contractual relationship.
Legitimate interests. Where we are processing personal information based on our legitimate interests, we generally will retain such information for a reasonable period of time based on the particular interest, taking into account your fundamental interests and your rights and freedoms.
Consent. Where we are processing personal information based on your consent, we generally will retain your personal information until you withdraw your consent, or otherwise for the period of time necessary to fulfil the underlying agreement with you or provide you with the applicable service for which we process that personal information.
Legal Obligation. Where we are processing personal information based on a legal obligation, we generally will retain your personal information for the period of time necessary to fulfil the legal obligation.
Legal claim. We may need to apply a “legal hold” that retains information beyond our typical retention period where we face threat of legal claim or intent to establish a claim. In that case, we will retain the information until the hold is removed, which typically means the claim or threat of claim has been resolved.
In all cases, in addition to the purposes and legal bases, we consider the amount, nature and sensitivity of the personal information, as well as the potential risk of harm from unauthorized use or disclosure of your personal information.
Recipients of personal information
We may share your personal information with third parties. For a detailed list of the categories of third parties, please visit the “Our disclosure of personal information” section of our Privacy Notice.
Legal bases for processing
We only process and retain your personal information as permitted under applicable law. For example, we will only process your information where we have established a lawful basis to do, as follows:
When it is necessary for the performance of a contract to which you are party, or to take steps at your request prior to agreeing a contract: this applies to any processing where you sign a contract with us, for example when you become our customer, participate in our affiliate or premium partner program, or deliver services to us as a vendor or contractor. This may also include our Terms of Use.
Where we have a legitimate interest which we believe outweighs your interests or fundamental rights and freedoms: this applies to the following processing activities:
When we communicate: to respond to your inquiries and, on some occasions, keep records in case of complaints or legal claims;
when you use our Services: when you access and use our Services, we process technical and analytics data to see if and how our Services can be improved, so that we can offer you a better user experiences in the future;
marketing opt-outs: when you unsubscribe or request to restrict the use of your personal information for marketing communications, it is in our legitimate interest to avoid contacting you again;
marketing to existing customers (unless you have consented to such marketing) : to find, customize and offer products and services we hope you find useful and relevant, i.e., provide you with excellent customer service; and
sharing personal information with other parties: to run our business efficiently and securely.
We have your consent: wherever you clearly consent to the processing, for example when you sign up for our newsletters or events, request a demo, free trial or a download, or submit a survey. Here, your consent is implied, meaning that you consent by submitting a particular form. We also rely on your consent for using cookies and other technologies on our website and here you explicitly agree to these. Note that your default setting depends on your location (country), as the rules for using such technologies vary across jurisdictions.
We are subject to a legal obligation: for any processing where we need to comply with laws and regulations related to bookkeeping, accounting, taxation and employment, for example for keeping records.
Your rights in respect of your personal information
In accordance with applicable privacy law, you may have the following rights in respect of your personal information that we hold (some rights may not be available in some countries)
Right of access. You have the right to obtain:
confirmation of whether, and where, we are processing your personal information;
information about the categories of personal information we are processing, the purposes for which we process your personal information and information as to how we determine applicable retention periods;
information about the categories of recipients with whom we may share your personal information; and
a copy of the personal information we hold about you.
Right of portability. You have the right, in certain circumstances, to receive a copy of the personal information you have provided to us in a structured, commonly used, machine-readable format that supports re-use, or to request the transfer of your personal information to another person.
Right to rectification. You have the right to obtain rectification of any inaccurate or incomplete personal information we hold about you without undue delay.
Right to erasure. You have the right, in some circumstances, to require us to erase your personal information without undue delay if the continued processing of that personal information is not justified.
Right to restriction. You have the right, in some circumstances, to require us to limit the purposes for which we process your personal information if the continued processing of the personal information in this way is not justified, such as where the accuracy of the personal information is contested by you.
Right to withdraw consent. There are certain circumstances where we require your consent to process your personal information. In these instances, and if you have provided consent, you have the right to withdraw your consent. If you withdraw your consent, this will not affect the lawfulness of our use of your personal information before your withdrawal.
You also have the right to object to any processing based on our legitimate interests where there are grounds relating to your particular situation. There may be compelling reasons for continuing to process your personal information, and we will assess and inform you if that is the case. You can object to marketing activities for any reason.
If you wish to exercise one of these rights, please contact us at support@gettussle.com.
Due to the confidential nature of data processing we may ask you to confirm your identity when exercising the above rights.
You also have the right to lodge a complaint to your local data protection authority. If you are based in the European Union, information about how to contact your local data protection authority is available here. If you are based in the UK or Switzerland, your local data protection authorities are the UK Information Commissioner's Office (https://ico.org.uk/global/contact-us/) and the Swiss Federal Data Protection and Information Commissioner (https://www.edoeb.admin.ch/edoeb/en/home/the-fdpic/contact/address.html).
© 2024 Tussle Inc. All rights reserved.
Tussle Inc. Social Media Acceptable Use PolicyIntroduction
Tussle Inc. provides a platform for users to engage, connect, and share content with others. This Acceptable Use Policy (AUP) outlines the rules and guidelines for using Tussle Inc.'s social media platform responsibly and respectfully. By using our platform, you agree to adhere to this AUP and any applicable laws and regulations.General Guidelines
Users must be respectful and considerate of others' opinions, beliefs, and identities.
Users must not engage in any form of harassment, bullying, discrimination, or hate speech.
Users are prohibited from posting or sharing illegal, harmful, or offensive content, including but not limited to pornography, violence, graphic imagery, and illegal substances.
Users must not impersonate others or create fake accounts for deceptive purposes.
Users must respect intellectual property rights and not infringe upon copyrights, trademarks, or other proprietary rights.
Users must not engage in any activity that disrupts or interferes with the functioning of the platform or its users.
Content Guidelines
Users are responsible for the content they post or share on the platform.
Content must be accurate, truthful, and not misleading.
Users must obtain necessary permissions or licenses for content that they do not own or have rights to.
Users must not engage in spamming, phishing, or other forms of malicious activity.
Privacy and Security
Users must respect the privacy and personal information of others.
Users must not share sensitive or confidential information without permission.
Users are responsible for maintaining the security of their accounts and passwords.
Users must report any security vulnerabilities or suspicious activity to Tussle Inc. immediately.
Consequences of Violations
Violations of this Acceptable Use Policy may result in disciplinary action, including but not limited to:Removal or deletion of content.
Suspension or termination of accounts
Loss of revenue
Legal action, if necessary.
Tussle Inc. reserves the right to enforce this AUP at its discretion and to modify or update the policy as needed. Users are encouraged to review this policy regularly for any changes.By using Tussle Inc.'s social media platform, you acknowledge and agree to abide by the terms of this Acceptable Use Policy. Thank you for helping to create a positive and respectful community on Tussle Inc.
Terms of Service
Date Modified: 01/05/2024
Welcome to Tussle Inc These Terms of Service (these “Terms”) of Tussle , operated by Tussle Inc (“Company,” “we,” or “us”) are an agreement that describes your rights and responsibilities as a User (as defined below) of theTussle Inc 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.
1.2 Limited License
Subject to the terms and conditions of these Terms, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service for your commercial (if submitting User Content for monetization purposes) and/or personal use as permitted by the features of the Service. Company reserves all rights not expressly granted herein in the Service and the Company Content (as defined below). Company may terminate this license at any time for any reason or no reason.
1.3 User Accounts
Your account on the Service (your “User Account”) gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. If you open a User Account on behalf of a company, organization, or other entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to these Terms, and that you agree to these Terms on the entity’s behalf. Company may permit you to register for and log on to the Service via certain third-party services. The third party’s collection, use, and disclosure of your information will be subject to such third-party service’s privacy notice. By connecting to Company with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service. You may never use another User’s User Account without permission. When creating your User Account, you must provide accurate and complete information, and you must keep this information up to date. You are solely responsible for the activity that occurs on your User Account, and you must keep your User Account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper- and lower-case letters, numbers and symbols) with your User Account. You must notify Company immediately of any breach of security or unauthorized use of your User Account. Company will not be liable for any losses caused by any unauthorized use of your User Account. You may control your User profile and how you interact with the Service by changing the settings in your settings page. By providing Company your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service and special offers. If you do not want to receive such email messages, you may opt out or change your preferences in your settings page. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.
1.4 Service Rules
You agree not to engage in any of the following prohibited activities: (a) copying, distributing, or disclosing any part of the Service in any medium, including by any automated or non-automated “scraping”; (b) using any automated system, including “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to the Company servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that Company grants the operators of public search engines revocable permission to use spiders to copy publicly available materials from the Service for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (c) transmitting spam, chain letters, or other unsolicited email; (d) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (e) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (f) uploading invalid data, viruses, worms, or other software agents through the Service; (g) collecting or harvesting any personally identifiable information, including account names, from the Service; (h) using the Service for any commercial solicitation purposes; (i) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (j) interfering with the proper working of the Service; (k) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; (l) bypassing the measures we may use to prevent or restrict access to the Service, including features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein; (m) reverse engineering, decompiling, disassembling, or otherwise attempting to discover the source code of the Service or any part thereof, except and only to the extent that this activity is expressly permitted by the law of your jurisdiction of residence; (n) attempting to circumvent any content filtering techniques we employ, or attempting to access any service or area of the Service that you are not authorized to access; (o) manipulating identifiers in order to disguise the origin of any User Content (defined below) transmitted through the Service; (p) relaying email from a third party’s mail servers without the permission of such third party; or (q) uploading or making available through the Service: nudity or other sexually suggestive content, hate speech, threats or direct attacks on an individual or group, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful racially, ethnically, or otherwise objectionable content, content that contains self-harm or excessive violence, fake or impostor profiles, illegal content or content in furtherance of harmful or illegal activities, malicious programs or code, any person’s personal information without their consent, and/or spam, machine-generated content, or unsolicited messages. You may use our platform only for lawful purposes. You may not use our platform (a) in any way that breaches any applicable local, national or international law or regulation; (b) in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect; (c) for the purpose of harming or attempting to harm minors in any way
1.5 Changes to the Service
We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to Users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms, or for no reason. Upon termination for any reason or no reason, you continue to be bound by these Terms.
1.6 Disputes with Other Users
You are solely responsible for your interactions with other Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Company shall have no liability for your interactions with other Users, or for any User’s action or inaction.
1.7 Use of Devices
Access to the Service may require the use of your personal computer or mobile device, as well as communications with or use of space on devices. You are responsible for any Internet connection or mobile fees and charges that you incur when accessing the Service.
2. User Content
2.1 Rights to your Content
Some areas of the Service allow Users to submit, post, display, perform, provide, or otherwise make available content such as profile information, videos, images, music, comments, questions, and other content or information (any such materials a User submits, posts, displays, provides, or otherwise makes available on the Service is referred to as “User Content”). We claim no ownership rights over User Content created by you. The User Content you create remains yours. However, you understand that certain portions of the Service may allow other Users to view, edit, share, and/or otherwise interact with your User Content. By providing or sharing User Content through the Service, you agree to allow others to view, edit, share, and/or interact with your User Content in accordance with your settings and these Terms. Company has the right (but not the obligation) in its sole discretion to remove any User Content that is shared via the Service. By submitting, posting, displaying, providing, or otherwise making available any User Content on or through the Service, you expressly grant, and you represent and warrant that you have all rights necessary to grant, to Company a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service and Company’s (and its successors’ and affiliates’) business, including for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User of the Service a non-exclusive license to access your User Content through the Service, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Service and under these Terms.
2.2 Intellectual Property Rights
For the purposes of these Terms, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
In connection with your User Content, you affirm, represent and warrant the following:
You have the written consent of each and every identifiable natural person in the User Content, if any, to use such person’s name or likeness in the manner contemplated by the Service and these Terms, and each such person has released you from any liability that may arise in relation to such use.
You have obtained and are solely responsible for obtaining all consents as may be required by law to post any User Content relating to third parties.
Your User Content and Company’s use thereof as contemplated by these Terms and the Service will not violate any law or infringe any rights of any third party, including any Intellectual Property Rights and privacy rights.
Company may exercise the rights to your User Content granted under these Terms without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.
To the best of your knowledge, all your User Content and other information that you provide to us is truthful and accurate.
Unless you have received prior written authorization, your User Content specifically does not contain any pre-release or non-public beta software or game content or any confidential information of Company or third parties.
Your User Content will abide by the Community Guidelines.
Company takes no responsibility and assumes no liability for any User Content that you or any other User or third-party posts, sends, or otherwise makes available over the Service. You shall be solely responsible for your User Content and the consequences of posting, publishing it, sharing it, or otherwise making it available on the Service, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that Company shall not be liable for any damages you allege to incur as a result of or relating to any User Content.
2.3 Endorsements/Testimonials
You agree that your User Content will comply with the FTC’s Guidelines Concerning the Use of Testimonials and Endorsements in Advertising, the FTC’s Disclosures Guide, the FTC’s Native Advertising Guidelines, and any other guidelines issued by the FTC from time to time (the “FTC Guidelines”), as well as any other advertising guidelines required under applicable law. For example, if you have been paid or provided with free products in exchange for discussing or promoting a product or service through the Service, or if you are an employee of a company and you decide to discuss or promote that company’s products or services through the Service, you agree to comply with the FTC Guidelines’ requirements for disclosing such relationships. You, and not Company, are solely responsible for any endorsements or testimonials you make regarding any product or service through the Service.
2.4 Political Activity
Subject to these Terms and the Community Guidelines, you may share political opinions; participate in political activity; provide links to a political committee’s official website, including the contribution page of a political committee; and solicit viewers to make contributions directly to a political committee. You agree, however, that these activities are entirely your own. Moreover, by engaging in these activities, you represent and warrant that you are eligible to engage in them under applicable law, and that you will abide by all relevant laws and regulations while doing so.
3. Our Proprietary Rights
Except for your User Content, the Service and all materials therein or transferred thereby, including software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content belonging to other Users (the “Company Content”), and all Intellectual Property Rights related thereto, are the exclusive property of Company and its licensors (including other Users who post User Content to the Service). Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Company Content. Use of the Company Content for any purpose not expressly permitted by these Terms is strictly prohibited.
Company, its logos, and any other product or service name, logo, or slogan used by Company, and the look and feel of the Service, including all page headers, custom graphics, button icons, and scripts, are trademarks or trade dress of Company, and may not be used in whole or in part in connection with any product or service that is not Company’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Company, without our prior written permission.
You may choose to, or we may invite you to, submit comments or ideas about the Service, including about how to improve the Service or our products (“Feedback”). By submitting any Feedback, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Company under any fiduciary or other obligation, and that we are free to use the Feedback without any additional compensation to you, and/or to disclose the Feedback on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Company does not waive any rights to use similar or related ideas previously known to Company, or developed by its employees, or obtained from sources other than you.
The Service contains data, information, and other content not owned by you, such as reputational or status indicators (“Company Property”). You understand and agree that regardless of terminology used, Company Property represents a limited license right governed solely by the terms of these Terms and available for distribution at Company’s sole discretion. Company Property is not redeemable for any sum of money or monetary value from Company at any time. You acknowledge that you do not own the User Account you use to access the Service, nor do you possess any rights of access or rights to data stored by or on behalf of Company on Company servers, including any data representing or embodying any or all of your Company Property. You agree that Company has the absolute right to manage, regulate, control, modify and/or eliminate Company Property as it sees fit in its sole discretion, in any general or specific case, and that Company will have no liability to you based on its exercise of such right. All data on Company’s servers are subject to deletion, alteration or transfer. NOTWITHSTANDING ANY VALUE ATTRIBUTED TO SUCH DATA BY YOU OR ANY THIRD PARTY, YOU UNDERSTAND AND AGREE THAT ANY DATA, USER ACCOUNT HISTORY AND USER ACCOUNT CONTENT RESIDING ON COMPANY’S SERVERS, MAY BE DELETED, ALTERED, MOVED OR TRANSFERRED AT ANY TIME FOR ANY REASON IN COMPANY’S SOLE DISCRETION, WITH OR WITHOUT NOTICE AND WITH NO LIABILITY OF ANY KIND. COMPANY DOES NOT PROVIDE OR GUARANTEE, AND EXPRESSLY DISCLAIMS, ANY VALUE, CASH OR OTHERWISE, ATTRIBUTED TO ANY DATA RESIDING ON COMPANY’S SERVERS.
4. Paid Services
4.1 Billing Policies.
Certain aspects of the Service may be provided for a fee or other charge. If you elect to use paid aspects of the Service, you agree to our Pricing and Payment Terms, as we may update them from time to time. Company may add new services for additional fees and charges, add or amend fees and charges for existing services, at any time in its sole discretion. Any change to our Pricing or Payment Terms shall become effective in the billing cycle following notice of such change to you as provided in these Terms.
4.2 No Refunds.
You may cancel your User Account at any time; however, there are no refunds for cancellation. In the event that Company suspends or terminates your User Account or these Terms, you understand and agree that you shall receive no refund or exchange for any Company Property, any unused time on a subscription, any license or subscription fees for any portion of the Service, any content or data associated with your User Account, or for anything else.
4.3 Free Trials
We or our third-party service providers may offer seven (7) day free trials to a particular Service. We or our third-party service provider will automatically bill your payment method on the later of the day your free trial ends or the day you start your paid subscription, and on each recurring billing date thereafter, subject to Section 4.4. You will not receive a notice that your free trial has ended and that payment for your subscription is due. If you wish to avoid charges to your payment method, you must cancel your subscription prior to [midnight Pacific Time] on the last day of your free trial period. If you cancel your subscription during a free trial, cancellation may be effective immediately.
4.4 Automatic Renewal of Subscription Fees.
IF YOU SIGN UP FOR A SUBSCRIPTION, THE CORRESPONDING FEES AT THE RATE AS SET FORTH IN YOUR USER ACCOUNT AND/OR ON THE CHECKOUT PAGE WILL AUTOMATICALLY RENEW EVERY MONTH ON A CONTINUOUS BASIS UNLESS AND UNTIL YOU NOTIFY US THAT YOU WANT TO CANCEL YOUR SUBSCRIPTION. ANY NOTICE OF CANCELLATION MUST BE SUBMITTED ON YOUR SUBSCRIPTIONS SETTINGS PAGE AND WILL BE EFFECTIVE IN THE MONTH FOLLOWING THE MONTH YOU PROVIDE US NOTICE. YOU UNDERSTAND THAT UNLESS AND UNTIL YOU NOTIFY US OF YOUR CANCELLATION, YOUR SUBSCRIPTION AND ALL CORRESPONDING FEES WILL AUTOMATICALLY RENEW, AND YOU AUTHORIZE US OR OUR AUTHORIZED THIRD-PARTY PAYMENT PROVIDER (WITHOUT NOTICE TO YOU, UNLESS REQUIRED BY APPLICABLE LAW) TO CHARGE YOU THE APPLICABLE SUBSCRIPTION FEES AND ANY TAXES, USING ANY ELIGIBLE PAYMENT METHOD WE HAVE ON RECORD FOR YOU.
4.5 Payment Information; Taxes.
We accept various payment methods through Stripe, including Mastercard, Visa, and American Express. By using the Service, you agree to be bound by Stripe’s Services Agreement available at https://stripe.com/us/legal. All information that you provide in connection with a purchase or transaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will pay all applicable taxes, if any, relating to any such purchases and transactions.
4.6 Payments
Unless otherwise agreed by the parties in writing, if applicable, Company shall remit payments due to you hereunder no later than thirty (60) days after the end of each calendar month in which the applicable fees are received. Payment shall be in the form you select when you register for the Service, or as subsequently updated as permitted by the Service. Payments shall only be made in those months in which the amount due to you totals at least $10. Unpaid amounts due shall accrue until the next month in which the amount due is at least $10. Company reserves the right to withhold payment or charge back to your User Account any amounts otherwise due to us under these Terms, or amounts due to any breach of these Terms by you, pending Company’s reasonable investigation of such breach. Company also reserves the right to withhold payment or charge back to your User Account any amounts subject to dispute, such as in the case of credit card charge backs, pending successful resolution of the dispute. To ensure proper payment, you are solely responsible for providing and maintaining accurate contact and payment information associated with your User Account, which includes without limitation applicable tax information. If we believe that we are obligated to obtain tax information and you do not provide this information to us after we have requested it, we may withhold your payments until you provide this information or otherwise satisfy us that you are not a person or entity from whom we are required to obtain tax information. Any third-party fees related to returned or cancelled payments due to a contact or payment information error or omission may be deducted from the newly issued payment. You agree to pay all applicable taxes or charges imposed by any government entity in connection with your participation in the Service. If you dispute any payment made hereunder, you must notify Company in writing within thirty (30) days of such payment or from when you purport such payment would have been due, whichever is earlier. Failure to so notify Company shall result in the waiver by you of any claim relating to such disputed payment. Payment shall be calculated solely based on records maintained by Company. No other measurements or statistics of any kind shall be accepted by Company or have any effect under these Terms and you shall have no audit rights hereunder. We may withhold any taxes or other amounts from payments due to you as required by law.
4.7 California Residents.
The provider of services isTussle Inc. If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.
5. Security
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.
6. DMCA Notice
Since we respect artist and content owner rights, it is Company’s policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify Company’s copyright agent as set forth in Company’s DMCA & Copyright Policy.
7. Third-Party Links and Information
The Service may contain links to third-party materials that are not owned or controlled by Company. Company does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third-party website or service from the Service or share your User Content on or through any third-party website or service, you do so at your own risk, and you understand that these Terms and Company’s Privacy Policy do not apply to your use of such sites. You expressly relieve Company from any and all liability arising from your use of any third-party website, service, or content, including User Content submitted by other Users. Additionally, your dealings with or participation in promotions of advertisers found on the Service, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that Company shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.
8. Indemnity
You agree to defend, indemnify and hold harmless Company and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including attorney’s fees) arising from: (a) your use of and access to the Service, including any data or content transmitted or received by you; (b) your violation of any term of these Terms, including your breach of any of the representations and warranties above; (c) your violation of any third-party right, including any right of privacy or Intellectual Property Rights; (d) your violation of any applicable law, rule or regulation; (e) User Content or any content that is submitted via your User Account including misleading, false, or inaccurate information; (f) your willful misconduct; or (g) any other party’s access and use of the Service with your unique username, password or other appropriate security code.
9. No Warranty
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, COMPANY, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.
FURTHER, COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
FEDERAL LAW, SOME STATES, PROVINCES AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION AND LIMITATIONS OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THESE TERMS GIVE YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS AND EXCLUSIONS UNDER THESE TERMS WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SERVICE. UNDER NO CIRCUMSTANCES WILL COMPANY BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (a) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (b) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICE; (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (d) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (e) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY; (f) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (g) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL COMPANY, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING (i) THE AMOUNT YOU PAID TO COMPANY (BUT, FOR CLARITY, NOT INCLUDING ANY AMOUNTS YOU HAVE PAID TO ANY OTHER USER OF THE SERVICE) DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR (ii) $100.00, WHICHEVER IS GREATER.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY REFERENCE SITES OR OTHERWISE BY THIRD PARTIES OTHER THAN COMPANY AND RECEIVED THROUGH OR ADVERTISED ON THE SERVICE OR RECEIVED THROUGH ANY REFERENCE SITES.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THESE TERMS GIVE YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THESE TERMS WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
11. Dispute Resolution and Agreement to Arbitrate on an Individual Basis
11.1 General
(a) PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT MAY REQUIRE YOU AND COMPANY TO ARBITRATE CERTAIN DISPUTES AND CLAIMS ON AN INDIVIDUAL BASIS AND LIMITS THE MANNER IN WHICH YOU AND COMPANY CAN SEEK RELIEF FROM EACH OTHER.
(b) By agreeing to these Terms, and to the extent permitted by applicable law, you and Company agree that any and all past, present and future disputes, claims or causes of action between you and Company arising out of or relating to these Terms, the Service, the formation of these Terms or any other dispute between you and Company or any of Company’s licensors, distributors, suppliers or agents (including any application store or platform from which the Service is accessed or downloaded), and whether arising prior to or after your agreement to this Section, (collectively, “Dispute(s)”) will be governed by the procedure outlined below. You and Company further agree that any arbitration pursuant to this Section shall not proceed as a class, group or representative action.
(c) “Country of Residence” for purposes of this Section means the country in which you hold citizenship or legal permanent residence, as well as any country from which you regularly access and use the Service. If more than one country meets that definition for you, then your country of citizenship or legal permanent residence shall be your Country of Residence, and if you have more than one country of citizenship or legal permanent residence, it shall be the country with which you most closely are associated by permanent or most frequent residence.
11.2 Informal Dispute Resolution.
Company wants to address your concerns without the need for a formal legal dispute. Before filing a claim against Company, you agree to try to resolve the Dispute informally by contacting support@gettussle.com. Similarly, if you have provided an email address to us as part of your Account registration, Company agrees to do the same. If a dispute is not resolved within thirty (30) days after the email noting the Dispute is sent, you or Company may initiate an arbitration proceeding as described below.
11.3 We Both Agree to Arbitrate
By agreeing to these Terms, and to the extent permitted by applicable law, you and Company each and both agree to resolve any Disputes – including any Dispute concerning the enforceability, validity, scope or severability of this agreement to arbitrate – through final and binding arbitration as discussed herein.
11.4 Opt-out of Agreement to Arbitrate.
You may decline this agreement to arbitrate by contacting support@gettussle.com within thirty (30) days of first accepting these Terms and stating that you (include your first and last name, and User name) decline this arbitration agreement. By opting out of the agreement to arbitrate, you will not be precluded from using the Service, but you and Company will not permitted to invoke the mutual agreement to arbitrate to resolve Disputes under the terms otherwise provided herein.
11.5 Arbitration Procedures and Fees.
(a) If the parties are unable to resolve any Dispute pursuant to Section 11.2 above, the Dispute shall be finally settled under the Rules of Arbitration (the “Rules”) of the International Chamber of Commerce (“ICC”) by a sole arbitrator in accordance with the Rules. An arbitration proceeding under this Section 11.5 shall be conducted in Orlando, Florida and shall be conducted in the English language. If your Country of Residence is the United States, this Section (Dispute Resolution and Agreement to Arbitrate on an Individual Basis) shall be construed under and be subject to the Federal Arbitration Act, notwithstanding any other choice of law set out in these Terms.
(b) Notwithstanding any language to the contrary in this Section 11.5, if a party seeks injunctive relief that would significantly impact other Users or damages of at least $1 Million as reasonably determined by either party, the parties agree that such arbitration will proceed on an individual basis, but will be handled by a panel of three (3) arbitrators, wherein each party shall select one arbitrator and the two party-selected arbitrators shall select the third, who shall serve as chair of the arbitral panel. That chairperson shall be a retired judge or an attorney licensed to practice law and with experience arbitrating or mediating disputes. In the event of disagreement as to whether the threshold for a three-arbitrator panel has been met, the sole arbitrator appointed in accordance with this Section shall make that determination. If the arbitrator determines a three-person panel is appropriate, the arbitrator may – if selected by either party or as the chair by the two party-selected arbitrators – participate in the arbitral panel. Except as and to the extent otherwise may be required by law, the arbitration proceeding and any award shall be confidential.
(c) The decision or award of the arbitrator(s) shall be in writing and is final and binding on both parties. The arbitration panel shall award the prevailing party its fees and costs in accordance with the Rules. The arbitration panel may only award damages as provided for under the terms of these Terms and in no event may punitive, consequential and special damages be awarded. In the event of any conflict between the Rules and any provision of these Terms, these Terms shall govern.
11.6 Arbitration Shall Proceed Individually
Regardless of your County of Residence or the rules of a given arbitration forum, you and Company agree that the arbitration of any Dispute shall proceed on an individual basis, and neither you nor Company may bring a claim as a part of a class, group, collective, coordinated, consolidated or mass arbitration (each, a “Collective Arbitration”). Without limiting the generality of the foregoing, a claim to resolve any Dispute against Company will be deemed a Collective Arbitration if (a) two (2) or more similar claims for arbitration are filed concurrently by or on behalf of one or more claimants; and (b) counsel for the claimants are the same, share fees or coordinate across the arbitrations. “Concurrently” for purposes of this provision means that both arbitrations are pending (filed but not yet resolved) at the same time.
11.7 Class Action and Collective Arbitration Waiver.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER YOU NOR COMPANY SHALL BE ENTITLED TO CONSOLIDATE, JOIN OR COORDINATE DISPUTES BY OR AGAINST OTHER INDIVIDUALS OR ENTITIES, OR PARTICIPATE IN ANY COLLECTIVE ARBITRATION (AS DEFINED ABOVE) OR ARBITRATE OR LITIGATE ANY DISPUTE IN A REPRESENTATIVE CAPACITY, INCLUDING AS A REPRESENTATIVE MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY OR OTHERWISE SEEK TO RECOVER FOR LOSSES INCURRED BY A THIRD PARTY. IN CONNECTION WITH ANY DISPUTE (AS DEFINED ABOVE), ANY AND ALL SUCH RIGHTS ARE HEREBY EXPRESSLY AND UNCONDITIONALLY WAIVED. NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH IN THIS AGREEMENT, IN THE EVENT ALL OR ANY PORTION OF SECTION 11.6 OR SECTION 11.7 ARE FOUND TO BE INVALID OR LESS THAN FULLY ENFORCEABLE, THEN THE ENTIRETY OF THIS SECTION MAY BE DEEMED VOID AND AS HAVING NO EFFECT UPON EITHER PARTY’S ELECTION.
12. General
12.1 Governing Law.
You agree that: (a) the Service shall be deemed solely based in Orlando, Florida; and (b) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than Orlando, Florida. These Terms shall be governed by Florida, without respect to its conflict of laws principles. The parties acknowledge that these Terms evidence a transaction involving interstate commerce.
12.2 Assignment
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Company without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
12.3 Interpretation
The word “including” or any variation thereof means “including, without limitation” and shall not be construed to limit any general statement that it follows to the specific or similar items or matters immediately following it.
12.4 Notification Procedures and Changes to these Terms.
Company may provide notifications, whether such notifications are required by law or are for marketing or other business-related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by Company in our sole discretion. Company reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in these Terms. Company is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. Company may, in its sole discretion, modify or update these Terms from time to time, and so you should review this page periodically. When we change these Terms in a material manner, we will update the ‘last modified’ date at the top of this page and notify you that material changes have been made to these Terms. Your continued use of the Service after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future Terms, do not use or access (or continue to access) the Service.
12.5 Entire Agreement/Severability.
These Terms, together with any amendments and any additional agreements you may enter into with Company in connection with the Service, shall constitute the entire agreement between you and Company concerning the Service. Except as otherwise stated in Section 11.7, if any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.
12.6 No Waiver.
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Company’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
12.7 Contact
Please contact us at support@gettusslecom with any questions regarding these Terms.
13. SMS
13.1 General
Tussle Inc is streaming platform. Tussle Inc provides SMS communications targeted at users and streamers.SMS messages sent through our 97770 dedicated short code are sent by employees to our customers for notification of either service events and/or maintenance windows regarding the services provided.Communications through our short codes services are on an Opt In basis. CTA will be advertised on the web to Employees only; the SC will not be marketed.
13.2 Opt-In/Opt Out
User will opt-in to the short code program via keyword ("Tussle”). Message and data rates may apply. Msg freq. varies per user. Text "HELP" to 97770 for help. Text "STOP" to cancel.You can cancel this service at any time. Just text "STOP" to 97770. After you send the message "STOP" to us, we will send you a reply message to confirm that you have been unsubscribed. After this, you will no longer receive messages from us.
13.3 Help
If at any time you forget what keywords are supported, just text "HELP" to 97770. After you send the message "HELP" to us, we will respond with instructions on how to use our service as well as how to unsubscribe.
13.4 Participating carriers
AT&T, Verizon Wireless, Sprint, T-Mobile, U.S. Cellular, Boost Mobile, MetroPCS, Virgin Mobile and Cricket. T-Mobile is not liable for delayed or undelivered messages.
13.5 Rates
As always, message and data rates may apply for any messages sent to you from us and to us from you. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.
14. Support
For support, please email us at support@gettussle.com.
15. Privacy Policy
If you have any questions regarding privacy, please read our Privacy Policy which can be found at https://gettussle.com/privacy-policy
© 2024 Tussle Inc. All rights reserved.
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Frosted Pint Glass 16 oz
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$13.55
PU Slide Sandals
$35.97
Tote Bag
$17.67
Beach Towel
$32.03
Spun Polyester Square Pillow
$21.87
Coffee Mug
$12.18
Arctic Fleece Blanket
$54.73
Acrylic Wall Clock
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Luggage Cover
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Unisex Casual Shoulder Backpack
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Copper Vacuum Insulated Bottle, 22oz
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Tumbler 20oz
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Tough Cases
$24.75
Unisex College Hoodie
$47.68
Unisex Jersey Short Sleeve Tee
$16.93
Dad Hat with Leather Patch (Round)
$17.37
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