Channel Points Terms and Conditions

These Channel Points Terms and Conditions ("Terms") govern how Channel Points ("Points") can be used on Kick.com. Points are digital rewards granted to individual account holders on Kick.com that can be earned through participation on the platform. Points are specific to each individual's account and can only be redeemed or used by the account holder who earned them. Points are tied to an individual account holder's account and are not transferable to any other account holder. Points hold no monetary value, are not currency, and are non-transferable. Points can only be earned and redeemed as explicitly allowed by these Terms.

In these Terms:

  • (a) "User" refers to any individual who accesses, interacts with, or participates in activities on Kick.com, including but not limited to watching content, earning Points, and redeeming Points. Users can be viewers, participants in chat, or individuals who engage with the platform in various ways but are not necessarily content creators or broadcasters; and

  • (b) "Streamer" refers to any individual or entity that broadcasts content on Kick.com, offering streams that Users can watch and interact with. Streamers have the ability to create opportunities for Users to earn Points and offer redemption options for those Points. Streamers also have specific responsibilities associated with managing their channel and Points earned and redeemed through it.

These Terms apply to both Users and Streamers and form an agreement between you ("you", "User" or "Streamer") and Kick Streaming Pty Ltd ("Company", "Kick", "Us" or "Our").

These Terms explain the conditions under which:

  • (a) Users:
    • (i) earn Points through watching streams;
    • (ii) redeem Points in exchange for rewards or interactions that a Streamer offers on their channel (subject to availability and Streamer discretion); and
    • (iii) comply with these Terms, including restrictions on the use and transfer of Points, and
  • (b) Streamers:
    • (i) offer opportunities for Users to earn Points by watching streams;
    • (ii) set redemption rules for their own channels, including what rewards can be unlocked and how many Points are required; and
    • (iii) ensure compliance with these Terms in managing how Points are earned and redeemed on their channel and notifying Users of any changes or limitations, i.e. the conditions under which both Users and Streamers can "Use" Points.

Any capitalized terms in these Terms not defined herein will have the meanings given to them in the Kick Terms of Service (available here) ("Terms of Service") or Kick's Community Guidelines (available here) ("Community Guidelines") as applicable. The Terms of Service form part of and are incorporated into these Terms by reference. In case of any conflict or inconsistency between these Terms and the Terms of Service or Community Guidelines, these Terms will take precedence and govern solely with respect to Points. By Using Points, you signify that you have read, understood, and agree to be bound by these Terms, whether or not you are a registered user of the Kick.com.

Company reserves the right to modify these Terms and will provide notice of these changes as described below.

1. Application of these Terms

  • 1.1. These Terms apply to any User or Streamer who Uses Points.
  • 1.2. Kick 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. By continuing to Use Points after changes are made, you will be considered to have read, understood, and unconditionally accepted the updated Terms. If you do not agree to any of these Terms or any future Terms, do not Use (or continue to Use) Points.
  • 1.3. Your use of Points is governed by these Terms, the Terms of Service and the Community Guidelines. If you are a developer, your Use of Points in Your Services (as that term is defined in the Kick Developer Agreement (available here) ("Kick Developer Agreement") is also subject to the Kick Developer Agreement.
  • 1.4. By participating in the Points program, you acknowledge and agree that your personal data, including but not limited to any information associated with your account and activities related to you Use of Points, will be collected, stored, and processed in accordance with the Kick Terms of Service and Kick's Privacy Policy (available at https://kick.com/privacy-policy),which govern the collection, use, and sharing of your data. Please review the Privacy Policy for more details on how your personal information is handled and your rights regarding your data.

2. Usage and Restrictions

  • 2.1. Points are digital content designed to be earned and used within the Kick.com platform. They hold no monetary value (i.e., they are not cash or an equivalent), and do not represent currency or property of any kind.
  • 2.2. Points are tied to individual channels. Any points earned in relation to a particular channel must be redeemed within the same channel. Points accumulated on one channel cannot be redeemed on another.
  • 2.3. Points are not available on all channels. Kick allows Streamers to choose whether Users can earn Points on their channels.
  • 2.4. Streamers have the discretion to determine how Users can redeem Points, in accordance with these Terms. Redemption opportunities may vary depending on the Streamer or Users' geographic locations.
  • 2.5. Points cannot be bought. These Terms strictly prohibit selling, trading, bartering, or transferring Points (or offering to do so) to other Kick users in exchange for money, fiat currency, or cryptocurrency.
  • 2.6. Points cannot be traded for items of value outside of the Kick.com platform.
  • 2.7. Any Points used in activities that violate these Terms may be confiscated or cancelled.

3. Earning Points

  • 3.1. Streamers may, in their discretion, choose whether their viewers earn Points, or choose that their viewers do not earn points. Kick is not responsible for a Streamer's choice of whether Points may be earned.
  • 3.2. Users can earn Points by watching a stream where the Streamer has enabled earning of Points by viewers.
  • 3.3. Kick reserves the right, at its sole discretion, to modify which activities earn Points or determine the number of Points awarded for any activity at any time.
  • 3.4. Users do not have any property rights, ownership, or monetary interest in Points, which remain digital content owned by Kick.

4. Redeeming Points

  • 4.1. Streamers may determine how Points can be redeemed on their channels, in accordance with these Terms and any other rules set by Kick. Streamers are permitted to announce unique redemption opportunities on their channels, as long as the opportunities comply with these Terms, the Terms of Service, Community Guidelines, and any other guidance issued by Kick.. Streamers are expected to communicate any limits on redemption opportunities available to Users participating in their channel. If a Streamer rejects a redemption, the Points will be refunded to the User.
  • 4.2. Additional redemption options may also be available through extensions or third-party integrations, which may be subject to their own terms and conditions. Streamers must inform users of any third-party terms and provide a link to those terms where applicable.
  • 4.3. Kick reserves the right to limit or remove any redemption opportunities. For example, Kick may cancel a planned redemption opportunity, increase the Points required for a redemption, or impose restrictions on a particular redemption option. Users, Streamers, and developers should not expect specific redemption opportunities to continue as originally offered, and the number of Points required for any given redemption may change.
  • 4.4. Streamers can pause and resume redemptions of Points at any time.

5. Predictions

  • 5.1. Channel Points can be used to participate in Predictions in accordance with this clause 5.
  • 5.2. Streamers can:
    • 5.2.1. set up an event with two possible outcomes ("Predictions") and allow Users to use their Channel Points to predict the outcome of the event. The event and the outcomes must comply with Kick's Terms of Service and Community Guidelines.
    • 5.2.2. set a period in which users can predict the outcome of the event. The Streamer may choose period a period of 1 minute, 5 minutes, 10 minutes or 30 minutes ("Prediction Period").
    • 5.2.3. choose to close submissions and resolve a Prediction prior to the expiry of the Predication Period.
    • 5.2.4. resolve a Prediction by clicking "Choose Outcome" when the event concludes and selecting the correct outcome. The Streamer must award the correct outcome of the event. If a Streamer has not resolved a Prediction, the Streamer will be able to cancel the Prediction where required (for example, where neither outcome is correct or the event did not proceed). The Streamer will not be able to cancel a Prediction after it has been resolved and points have already been distributed to participating Users. If the event does not occur and the Prediction is not resolved 24 hours after the Prediction Period ends, all points will automatically be returned to Users.
    • 5.2.5. only run one Prediction at a time, but there is no limit on how many Predictions a Streamer can run and complete sequentially during a stream. Streamers cannot participate in a Prediction on their own channel.
  • 5.3. Moderators can set up an event and, if they choose to, participate in Predictions, however, any moderator who participates in a Prediction is no longer able to resolve the Prediction. If all moderators participate in a Prediction, then the Streamer will need to resolve the Prediction.
  • 5.4. Users can:
    • 5.4.1. use their Points to guess the outcome of a Prediction during the Prediction Period, using a minimum of 10 Points up to a maximum of 250,000 Points. If a User does not have at least 10 Points, that User cannot participate (unless or until that User has 10 Points).
    • 5.4.2. view how many points have been used to predict a certain outcome, how many users have predicted a certain outcome, and view the return ratio of a certain outcome, in each case, at the point in time in which these statistics are updated. These statistics will be periodically updated during a Prediction Period as Users guess the outcome of a Prediction. These statistics are provided for illustrative purposes only, are based on the information currently available, and are subject to change. These statistics do not guarantee and may not reflect final or exact figures. We make no guarantees regarding the accuracy of any statistic and accept no liability in respect of them.
    • 5.4.3. view their potential return, once they have guessed the outcome of a Prediction using their Points. The potential return shown to the User reflects an estimate of the Points the User will be awarded if the User's prediction is correct. The potential return is an estimate only and does not guarantee and may not reflect final or exact figures. We make no guarantees regarding the accuracy of any potential return shown on Kick.com and accept no liability in relation to any potential return shown.
    • 5.4.4. where the User correctly guesses the outcome of a Prediction, they will earn a proportionate share of the total Points placed on the Prediction by all Users.
  • 5.5. If:
    • 5.5.1. a User guesses the outcome of a Prediction, and then leaves the stream, the Points will still be awarded to that User where they correctly guess the outcome of the Prediction.
    • 5.5.2. a Streamer deletes a Prediction before a result is given, all Points used by Users to predict the outcome will be returned to User(s).
  • 5.6. Kick reserves the right to end or void any Prediction. If Kick does so, Users' Points will be returned to them. Kick is not responsible for any Predictions, outcomes of Predictions, or Points lost due to the participation in Predictions.

6. No refunds, returns, or exchanges

  • 6.1. Once Points are redeemed, they cannot be refunded, returned, or exchanged for additional Points, cash, or other goods and services, even if the redemption opportunity is cancelled.
  • 6.2. Users have no tangible or intangible property, intellectual property, ownership, or monetary interest in the digital content received through Points redemption, as it remains Kick's digital content.

7. Restrictions

  • 7.1. Users and Streamers must not:
    • 7.1.1. use Points for rewards that involve gambling;
    • 7.1.2. use Points for the offering or receiving of tobacco, alcohol, pharmaceuticals, counterfeit currency, infant food or formula, banking services, or fuel;
    • 7.1.3. use Points for fraudulent, criminal, or any illegal activities, including artificially boosting watch time or using bots to accumulate Points;
    • 7.1.4. use Points in any activity that violates the Terms of Service, Community Guidelines, Kick Developer Agreement, or any other guidelines issued by Kick;
    • 7.1.5. sell, trade, barter, or transfer Points to other Kick users in exchange for any form of real or virtual currency, either within or outside of the Kick.com platform, including giveaways, vouchers, promotions and prizes. Any attempt to do so will be invalid; or
    • 7.1.6. in the case of Streamers, limit the quantity of items available via the redemption of Points without clearly stating how many items are available. Once all items have been claimed, Streamers must cease promoting the redemption opportunity.
  • 6.2. Users and Streamers must comply with all relevant tax laws in your jurisdiction. It is your responsibility to adhere to local tax regulations, and Kick is not liable for ensuring compliance.

8. Modification and Termination

  • 8.1. Kick reserves the right to modify these Terms in whole or in part, at any time, including but not limited to changes in how Points are used, the types or "classes" of Points available, and the conditions under which Points may expire or be forfeited. These changes may occur with or without notice and could impact a User's ability to use Points they have already earned. The Points program does not have a fixed end date and may continue until Kick decides to terminate it. Kick, at its sole discretion, may modify or terminate the Points program, in whole or in part, at any time, for any reason, or for no reason at all.
  • 8.2. If Kick decides to terminate the Points program, Users may be notified via a post on Kick.com and/or an email to the user's registered email address. If the Points program is discontinued, Users will generally have approximately thirty (30) days, or another time frame deemed reasonable by Kick, from the termination announcement to use any remaining Points, depending on the availability of redemption opportunities. Kick does not guarantee the availability of redemption opportunities during or after the termination announcement, and many opportunities that were previously available may no longer be accessible once termination is announced.
  • 8.3. Any Points left in a User's account at the time of termination will be forfeited, and no compensation will be provided.

9. Violations of these Terms

  • 9.1. Kick has the right to suspend or terminate your your access to Kick.com, block or prevent future access to Kick.com, cancel any accumulated Points or forfeit the Points in your account, immediately if Kick, at its sole discretion, determines that you have: (a) violated applicable laws or regulations; (b) engaged in fraudulent or abusive conduct; (c) breached these Terms, the Terms of Service, the Community Guidelines, or any other guidelines Kick issues in relation to Points; (d) committed fraud or abuse related to your Use of Points (including using artificial means or bots to increase watch times or accumulate Points); or (e) engaged in any actions that may result in the suspension or termination of your access to Kick.com. Additionally, Kick may take appropriate legal or administrative action if any of the above occur. These Terms do not limit Kick's rights to pursue legal or equitable remedies.
  • 9.2. Any violation or attempted violation of these Terms by you (or anyone using your account or acting on your behalf) will be considered a breach of the Terms of Service and a material violation of any other applicable agreements with Kick.
  • 9.3. No waiver by Kick of any covenant or right under this Agreement will be effective unless memorialized in writing by Kick. If any part of this Agreement is determined to be invalid or unenforceable by a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the remaining provisions of this Agreement will remain in full force and effect.

10. Limitation of Liability

  • 10.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KICK, 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 POINTS. UNDER NO CIRCUMSTANCES WILL KICK BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE POINTS.
  • 10.2. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KICK 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 KICK.COM OR POINTS; (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 KICK.COM; (e) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH KICK.COM 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 KICK.COM; AND/OR (g) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL KICK, 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 KICK (BUT, FOR CLARITY, NOT INCLUDING ANY AMOUNTS YOU HAVE PAID TO ANY OTHER USERS OF KICK) DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR (ii) USD$100.00, WHICHEVER IS GREATER.
  • 10.3. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF KICK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
  • 10.4. 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 KICK AND RECEIVED THROUGH OR ADVERTISED ON KICK.COM OR RECEIVED THROUGH ANY REFERENCE SITES.
  • 10.5. 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. Governing Law and Miscellaneous

  • 11.1. For the avoidance of doubt, clause 11 of the Terms of Service, "Dispute Resolution and Agreement to Arbitrate on an Individual Basis", applies to these Terms.
  • 11.2. These Terms shall be governed by English law, without respect to its conflict of laws principles, and the parties submit to the non-exclusive jurisdiction of the courts therein.
  • 11.3. The parties acknowledge that these Terms evidence a transaction involving interstate commerce.