KCIP - Terms and Conditions
By taking part in the KCIP and by activating the KCIP option in your dashboard, you agree to comply with the following terms and conditions (“Terms”). If you do not agree to these Terms, do not activate the KCIP option in your dashboard. These terms and conditions form an agreement between you (“you” or “Streamer”) and Kick Streaming Pty Ltd (“Company”, “Kick”, “Us” or “Our”). The Kick Terms of Service (available here) (“Terms of Service”) form part of and are incorporated into these Terms by reference. In the event of any conflict between these Terms and the Terms of Service, these Terms prevail.
1. INTELLECTUAL PROPERTY AND PUBLICITY RIGHTS
1.1. Streamer acknowledges and agrees that the Company (or a related body corporate of the Company, as applicable) is and will be the sole and exclusive owner of all right, title and interest, including all intellectual property rights, in its trade marks, logos, trade dress, images or other material and other Company intellectual property (collectively the “Company Materials”); and (ii) all posts, streams, videos, recordings and other online content referring to, including or otherwise incorporating the Company Materials.
1.2. The Streamer hereby licenses and authorizes Kick to use his/her portrait, name (including real name, nickname on Kick.com, and in-game names), recordings, videos, image, likeness and any other streamer symbols in connection with the Streamer’s live streaming or content creation on Kick.com.
1.3. Unless otherwise provided, the Streamer shall be deemed to be the author of the information and content (such as text, picture, audio and video, performance etc.) originated by the Streamer when using Kick.com and/ or carrying out live streaming. However, the Streamer hereby grants an exclusive, perpetual, transferable, worldwide, license to Kick to all the intellectual property rights of the information and content aforementioned for publication, exhibition, display, distribution, assigning, reselling, sub-licensing, syndicating, monetizing, editing, recreating or uploading of such information on Kick.com or any other channels.
1.4. The licenses granted under clauses 1.2 and 1.3, are exclusive, perpetual, irrevocable, worldwide, transferable, and sublicensable by Kick to any party worldwide and such authorization shall survive the expiry or the termination of the Streamer’s participation in KCIP, notwithstanding the reason for such termination. Kick shall not be required to pay any additional fees to the Streamer for such sub- licensing or alienation of the property in any other manner.
1.5. The Streamer shall not utilize any content provided by Kick or provided to Kick for any purposes other than as specified in these Terms and shall not sell or commercially exploit in any manner, any content received from Kick or provided to Kick.
1.6. In the event of the occurrence of any action that infringes Kick’s legitimate interest, including but not limited to copyrights and copyright-related rights, in the information in clauses 1.2 and 1.3, such as publication, spread, transmission or copying without authorization from Kick, Kick shall be entitled to protect its rights and interests and the Streamer must provide all assistance that Kick requests in relation to this.
1.7. The provisions of this clause 2 shall survive the termination, expiration, or non-renewal of the Streamer’s participation in KCIP.
2. CONFIDENTIAL INFORMATION
2.1. In this clause “Confidential Information” means any and all non-public information, whether in oral, written, graphic, electronic, or any other form, disclosed by Kick to the Streamer. Confidential Information may include, but is not limited to, all information relating to the amount, rate or calculation of any fees payable or paid to the Streamer under the KCIP, business opportunities, advice, reports, models, algorithms, code, technical or non-technical data, formulas, patterns, compilations, programs, plans, devices, methods, techniques, drawings, processes, financial data, financial plans, product plans, lists of actual or potential customers or suppliers, software, product names, technologies as well as inventions (patentable or not), marketing material, logos, trademarks, source codes, other trade secrets of any form whatsoever and the medium on which they are stored.
2.2. You acknowledge and agree:
2.2.1. you shall not disclose, copy, modify or reproduce any Confidential Information of Kick without the prior written consent of Kick;
2.2.2. to protect and safeguard such Confidential Information in all cases with at least the same levels of protection and security that you use to protect and safeguard your own confidential information, and with at least a reasonable degree of care under the circumstances;
2.2.3. that compliance with this section is necessary to protect the business, goodwill, and Confidential Information of Kick, and that a breach of the same will cause irreparable and continual damage for which monetary damages may not be adequate.
2.3. If you breach or threaten to breach this section 2, Kick may: (i) seek temporary, preliminary, or permanent injunctive relief, or other legal or equitable relief, in order to prevent such damage and money, or other damages allowed by law.
2.4. The obligations under this section 2 shall survive termination, expiration or non-renewal of these Terms.
3. DATA PROTECTION
- 3.1. Streamer shall, at its own expense, ensure that it complies with, and assists Kick to comply with, the requirements of all legislation and regulatory requirements in force from time to time relating to the use, transfer or processing of personal data, including (without limitation) any data protection legislation such as the General Data Protection Regulation ((EU) 2016/679). This clause is in addition to, and does not reduce, remove or replace, any of Streamer’s other obligations (whether arising under these Terms or any applicable law).
4. WITHOLDING TAX
4.1. The Streamer acknowledges and agrees that Kick shall withhold taxes from the fees payable to the Streamer where required by applicable law. Kick shall calculate the withholdings based on the information provided by the Streamer and the relevant tax regulations. The fee payable after any such withholdings shall constitute full payment and settlement of amounts due to the Streamer under the KCIP.
4.2. The Streamer agrees to promptly provide Kick with any forms, documentation, or other information necessary for Kick to comply with its obligations under tax laws, including but not limited to any forms related to residency or tax status. Failure to provide such information may result in additional withholdings as required by law.
5. INDEPENDENT CONTRACTOR & NON-EXCLUSIVITY
5.1. The Streamer is at all times acting and performing as an independent contractor. Nothing in these Terms, including any work, act, commission or omission by the Streamer, shall be construed to make or render the Streamer as an employee or agent of Kick. The Streamer will not have, and will not represent to any third party that it has, any authority to act on behalf of Kick.
5.2. These Terms do not constitute any form of agency, partnership, joint venture, employee-employer, principal-representative, or franchisor-franchisee relationship between the Streamer and Kick.
5.3. The Streamer acknowledges and agrees that these Terms do not establish an exclusive relationship between the Streamer and Kick. The Streamer shall retain the right to engage in streaming activities on other platforms or channels, provided that such activities do not conflict with these Terms.
6. TERMINATION AND SUSPENSION
6.1. Kick may terminate the Streamer’s participation in KCIP with immediate effect and without prior notice if the Streamer:
6.1.1 breaches these Terms;
6.1.2. streams content that violates the Terms of Service or Community Guidelines;
6.1.3. makes, publishes, or communicates any statement (whether directly or indirectly) or otherwise represents Kick or Kick.com in any way that, in Kick’s sole discretion, Kick determines might damage Kick’s or Kick.com’s reputation or image, regardless of the platform or medium through which any such statement or representation is made;
6.1.4. conducts any activity or commits any act that, in Kick’s sole discretion, Kick determines may interfere with the business interests of Kick or its related entities or which may be deemed illegal under any applicable laws; or
6.1.5. for any reason (or no reason) in Kick’s sole discretion.
6.2. On termination of the Streamer’s participation in KCIP for any reason or upon expiry or discontinuation of KCIP, Streamer must immediately cease use of, and return or destroy, the Company Materials and Kick Confidential Information. The Streamer shall not retain any copies of the Company Materials and Kick Confidential Information in any format. Notwithstanding such return or destruction of the materials, documents, or copies of Company Materials and Kick Confidential Information, the Streamer shall continue to be bound by the obligations of confidentiality under these Terms in perpetuity.
6.3. Kick has the right to review the contents of the Streamer’s live streams and other content created by the Streamer and displayed on Kick.com. If the Streamer produces any content that is illegal in the jurisdiction in which it is filmed or that violates these Terms, Kick may (at its sole discretion):
6.3.1. suspend or ban the Streamer’s live streaming and/or account on Kick.com, either temporarily or permanently, and delete the content at issue; and
6.3.2. the Streamer will not be paid any fee for any time spent engaging in the foregoing.
7. STREAMER WARRANTIES
7.1. You warrant that at the time of accepting these Terms and so long as you participate in the KCIP:
7.1.1. you have full power, capacity, authority and right to accept these Terms and to perform your obligations hereunder;
7.1.2. acceptance of these Terms and performance of your obligations under these Terms will not violate any other agreement by which you are bound;
7.1.3. you have read and will comply with the Kick Terms of Service (available here) and Community Guidelines (available here) as amended from time to time, and will comply with any rules provided to you from time to time;
7.1.4. you will comply with all applicable laws, ordinances, rules, regulations, orders, licenses, permits, industry standards, judgements, decisions, or other requirements of any applicable governmental authority;
7.1.5. you will promptly comply with all lawful instructions provided by Kick to you (whether verbally or in writing).
7.1.6. the information you provide to Kick will at all times be accurate and complete;
7.1.7. you will obtain and maintain at all times, and be fully liable for failing to obtain and maintain, all necessary rights, consents, approvals, permits, and licenses related to the use, reproduction, broadcasting, streaming, distribution, performance, and display (publicly and otherwise) of content streamed on Kick.com;
7.1.8. you will conduct yourself in a professional manner both on and off Kick.com and not do anything that might damage the reputation of Kick.com, materially affect Kick’s interests, or expose Kick to legal liability;
7.1.9. you and your affiliates shall not, and shall cause your employees, directors, officers, and affiliates, not to criticize, disparage, or defame, or take any actions or engage in any behaviors that could reduce or diminish, the reputation, image or prestige of Kick.com or Kick.
7.1.10. you and your affiliates shall not be reasonably alleged to have committed any crime, be affiliated with organized crime, or have committed offensive misconduct (e.g. hate speech, discrimination, domestic violence, dealing with or promoting the use of controlled substances, cruelty to animals, pornography, terrorism or human trafficking).
8. STREAMER INDEMNITY
The Streamer agrees to indemnify, defend, and hold harmless Kick and our affiliates, and our and their respective officers, directors, employees, agents, successors, and assigns, from and against any claims, judgments, damages, liabilities, settlements, losses, costs, and expenses, including without limitation attorneys' fees and disbursements, arising from or relating to:
8.1. any alleged or actual breach by the Streamer of any provision hereof, or from the inaccuracy of any warranty or representation made by the Streamer herein;
8.2. any negligence, misconduct, fraud, willful act, or omission on the Streamer’s part or on the part of the Streamer’s employees, subcontractors, or consultants (“Representatives”) when acting on the Streamer’s behalf;
8.3. any infringement by the Streamer or its Representatives (when acting on the Streamer’s behalf) of the intellectual property, trademark, confidential information, or otherwise of a third party;
8.4. any breach by the Streamer or its Representatives (when acting on the Streamer’s behalf), of any law applicable to the KCIP.
9. KICK WARRANTIES
Kick warrants and represents that:
- 9.1. it has the full right, power and authority to enter into these Terms; and
- 9.2. it has control (by ownership, license, or otherwise) of the entire right, title, and interest in all of its intellectual property.
10. KICK INDEMNITY
Subject to clause 11, Kick will at all times indemnify, defend, and hold harmless the Streamer, its employees, agents, successors, and assigns, from and against any and all third-party claims, damages, liabilities, costs, and expenses, including reasonable attorney fees, arising out of:
10.1. Kick’s breach of any obligation, covenant, representation, or warranty contained herein;
10.2. Kick’s negligence or intentional misconduct; or
10.3. the Streamer’s use of the Company Materials.
11. LIMITATION OF LIABILITY
11.1. The Streamer understands and expressly agrees that to the extent permitted under applicable laws, in no event shall Kick or any of its affiliates or related entities or any of their respective officers, employees, directors, shareholders, agents, or licensors be liable to the Streamer or anyone else under any theory of liability (whether in contract, tort (including negligence), statutory, or otherwise) for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of revenues, profits, goodwill, use, data or other intangible losses (even if such parties were advised of, knew of or should have known of the possibility of such damages), resulting from the KCIP.
11.2. To the maximum extent allowable by law, Kick’s aggregate liability under these Terms shall in no event exceed the aggregate fees paid to the Streamer in conjunction with the KCIP in the 3 months preceding the event giving rise to such liability.
11.3. The provisions of this entire clause 11.3 shall survive the expiry or prior termination of this Agreement.
12. DISPUTE RESOLUTION
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 and your participation in the KCIP.
13. GOVERNING LAW
13.1. 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.
13.2. The parties acknowledge that these Terms evidence a transaction involving interstate commerce.
14. MISCELLANEOUS
These Terms may be modified from time to time. All sections and provisions, which by their nature are intended to survive, shall expressly survive termination or expiration of the KCIP. The Parties agree that if any court declares any portion of these Terms unenforceable, the remaining portions shall be fully enforceable. Furthermore, in lieu of any such severed and unenforceable provision, there shall be added automatically as a part of these Terms, a provision as similar to the severed provision as may be possible, and which will be legal, binding, and enforceable among the Parties.
15. LEGAL GUARDIAN’S CONSENT (WHERE STREAMER IS A MINOR)
15.1. Where the Streamer is aged under the age of majority in the jurisdiction from which they will be streaming the Streamer may only use the Kick.com:
15.1.1. with the supervision and consent of a parent or legal guardian; and
15.1.2. where their parent or legal guardian consents and agrees to these Terms,
15.2. By accepting these Terms, the Streamer’s parent or legal guardian confirms they understand and agree to the entirety of these Terms.