Last modified: 22 February 2020
RAZER TIPSTREAM – STREAMER SERVICE AGREEMENT
This Streamer Service Agreement ("Agreement) contains the terms and conditions which govern your use of the Razer TipStream service as a streamer. You are required to accept this Agreement before you will be permitted to receive service fees from Razer through the use of the Razer TipStream service. The duration of this Agreement will commence upon your acceptance of this Agreement until terminated by you or us in accordance with the terms of this Agreement.
You are reminded that in addition to this Agreement, by using the Razer TipStream service in general or by collecting Shards, you are required to abide by the terms and conditions as set out in the Razer TipStream – Specific Terms ("Specific Terms"). In the event of any inconsistency between the Specific Terms and this Agreement, the terms of this Agreement shall prevail.
- COLLECTING SHARDS AND SERVICE FEES
As a Razer TipStream streamer, you are eligible to collect Shards, and records of your Shards collection shall be made visible to you through a Shards balance counter in your TipStream dashboard ("Shards Balance").
Please note that collecting Shards does not imply or constitute a transfer of Shards from a Razer TipStream user to you. Instead, the Shards Balance acts as an indicator to quantify and keep score of the support or appreciation you receive from Razer Tipstream users.
By collecting Shards, you are eligible to receive service fees from Razer at the rate of US$0.01 per Shard ("Service Fee Rate"). This Service Fee Rate may be adjusted by Razer from time to time, at Razer’s sole discretion. Please note that your collecting of Shards shall be in strict compliance with Clause 4 of the Specific Terms – Acceptable Use of Shards, and that Razer may, at its sole discretion, suspend payment of service fees or require the forfeiture of accrued service fees if you are in violation or suspected to be in violation of Clause 4 or any other terms of the Specific Terms or this Agreement.
- PAYMENT OF SERVICE FEES
Service fees that are payable by Razer to you shall be paid on a monthly basis, within fifteen (15) days after the end of each calendar month ("Payment Period"), subject to the condition that you accumulate a minimum of USD$100 of service fees payable (i.e. 10000 Shards) ("Payout Threshold") within each Payment Period.
If you do not meet the Payout Threshold within a Payment Period, you acknowledge that Razer shall not be obligated to make payment to you within the said Payment Period. Instead, all accrued service fees shall be carried forward into subsequent Payment Periods until you meet the Payout Threshold, upon which Razer will duly make payment of the service fees to you.
Service fees shall only be paid in US Dollars, and to the designated PayPal account as designated by you in the Razer TipStream service. It shall be your obligation to ensure that accurate account information is provided to Razer, and Razer shall not be liable for any failure to pay service fees if it is caused by inaccurate information provided by you.
- DEDUCTIONS AND TAXES
For the avoidance of doubt, your Shards Balance and any service fees payable by Razer to you not include any billing or payment costs and are exclusive of any applicable taxes. Razer is entitled to deduct or withhold any taxes that Razer is legally obligated to deduct or withhold from service fees payable to you under this Agreement.
Should there be any alleged discrepancies in the service fees payable or in relation to the Shards Balance, Razer reserves the absolute right to determine and make corrections to the service fees payable to you. You will be required to cooperate with any inquiry by Razer, including submitting all necessary documentation and evidence to enable Razer to decide on such matters.
- YOUR REPRESENTATIONS AND WARRANTIES
You hereby represent and warrant the following:
- You have the power and authority to enter into this Agreement and use the Razer TipStream service;
- Your entering into this Agreement and use of Razer TipStream will not conflict with or result in a breach of agreement which you are a party to or by which you are otherwise bound, or result in any breach of any applicable law, rule or regulation having the force of laws; and
- All information that you have provided to Razer in relation to your use of the Razer TipStream service (including information provided in relation to your RazerID Account) is accurate and complete at all times.
Razer does not make any representation or warranty regarding the amount of service fees that you can expect at any time in relation to your use of Razer TipStream as a streamer, and Razer shall not be liable for any actions you undertake based on your expectations.
This Agreement may be terminated in the following scenarios:
- Both Razer and you may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination;
- If you are do not use the Razer Tipstream service as a streamer for a continuous 12 months period or no Shards have been collected by you in a continuous 12 months period, Razer may terminate this Agreement due to streamer inactivity by giving you 14 days written notice of termination; or
- If you are in breach of any of the terms of this Agreement, the Specific Terms or any of Razer’s policies which are applicable to your use of Razer TipStream and use of Shards, Razer may terminate this Agreement and cease your use of Razer TipStream without further reference to you.
If this Agreement is terminated in accordance with Clause 5(i) or 5(ii) above, any accrued service fees payable by Razer to you shall be paid within the next Payment Period, subject to an administrative charge of either the lesser of either any accrued service fees as reflected in your Shards Balance or US$25.
- IP AND CONFIDENTIAL INFORMATION
Any Intellectual Property Rights (including but not limited to software, trademarks, logos, copyright and moral rights, processes, designs, drawings, data, specifications, all copies and tangible embodiments or descriptions of any of the foregoing in whatever form or medium, rights protecting trade secrets and confidential information, in each case whether registered or unregistered) used or disclosed in connection with or for the purposes of your use of Razer TipStream as a streamer by Razer, shall remain the property of Razer. All such Intellectual Property Rights owned or controlled by Razer, are expressly reserved by Razer and not licensed to you, and you acknowledge that you do not receive or acquire any rights, title or interest to any such Intellectual Property Rights by using Razer TipStream pursuant to this Agreement.
- DATA PROTECTION AND PRIVACY
Specifically, for the Razer TipStream service, the following categories of personal information shall only be collected and processed for the stated purposes. When you submit a payment request on our site (including when making purchases from our online store, or when purchasing Razer Gold or Razer Silver), your payment information (including information about your past transactions, the current transaction, your Razer ID, credit card details and IP address) is processed by a third-party vendor, Forter (https://www.forter.com) which conducts anti-fraud checks pursuant to legal and compliance requirements. In addition, you will need to provide us your PayPal email address and billing address for the processing any service fees payments to you.
- LIMITATION OF LIABILITY AND INDEMNITY
Razer shall not be liable to you in respect of any claims arising under or in connection with this Agreement and your use of Razer TipStream for: (i) any loss of profits or goodwill, or any indirect or consequential losses, costs or expenses including, without limitation to the foregoing, any loss or damage suffered by you as a result of any action brought by a third party, even if such losses, costs or expenses are reasonably foreseeable and Razer had been advised of the possibility of you incurring the same; (ii) any cost of procurement of substitute goods, technology, services or rights; (iii) any interruption of use of Razer TipStream or loss or corruption or data; or (iv) any matter beyond Razer’s reasonable control.
You also agree to indemnify, defend and hold harmless Razer and its affiliates, and our and their respective officers, directors, shareholders, agents and employees from all claims, suits, actions, demands, damages, liabilities, expenses (including reasonable fees and disbursements of counsel), judgments, settlements and penalties of every kind suffered or incurred by Razer resulting from, arising out of or incurred in connection with either of the following: (i) any breach by you of any representation, warranty, covenant, agreement or other obligation contained herein; or (ii) any negligent or intentionally wrongful acts or omissions by you; (iii) or any claim by any third party against Razer arising out of or in connection with your use of Razer TipStream, including any infringement of the provisions this Agreement.
- MISC TERMS
Remedies and Waivers: Any rights or remedies conferred upon any party to this Agreement shall be in addition to and without prejudice to all other rights, powers and remedies available to that party at general law and no exercise or failure to exercise or delay in exercising any right, power or remedy shall constitute a waiver by that party of any other right, power or remedy or prevent the further exercise of that or any other right, power or remedy.
Assignment: You may not assign, subcontract or transfer any of your rights or obligations under this Agreement without the express, prior written consent of Razer.
Rights of Third Parties: A person who is not a party to this Agreement has no right to enforce or to enjoy the benefit of any term of this Agreement.
Severability: If any provision of this Agreement or any part thereof is rendered void, illegal or unenforceable by any legislation to which it is subject or by any competent court of law, it shall be rendered void, illegal or unenforceable to that extent and no further. The remainder of this Agreement shall remain in full force and effect as if such provision (or part thereof) had not originally been contained in this Agreement.
Entire Agreement: This Agreement constitutes the entire agreement between Razer and you hereto and wholly cancels, terminates and supersedes all previous negotiations, agreements, and commitments, whether formal or informal, oral or written, with the subject matter hereof.
Force Majeure: Razer shall not be liable for any delay or failure in performance due to force majeure, which shall include without limitation acts of God, natural disasters, riots, war, fire, epidemics, or other occurrences which are beyond Razer’s reasonable control.
- DISPUTES; ARBITRATION
You agree that the laws of Singapore, without regard to principles of conflict of laws, shall govern both this Agreement and any dispute that might arise between you and Razer in relation to this Agreement.
You also agree that any disputes shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre ("SIAC") in accordance with the Arbitration Rules of the Singapore International Arbitration Centre ("SIAC Rules") for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be Singapore. The Tribunal shall consist of one arbitrator. The language of the arbitration shall be English. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
If you are a consumer based in the European Union, the preceding paragraph on arbitration does not apply, and you may make a claim in a competent court of the country in which you reside.