Super Broadcaster Program Terms

Periscope Super Hearts are a way for Periscope Users (“Users”) to share their enthusiasm with a Broadcaster (“Broadcaster” or “you”) when Broadcasters live-stream content (“Content”). These Terms(“Terms”) between You and Twitter (“Twitter” or “we”) govern your Participation in the Periscope Super Broadcasters Program allowing select Broadcasters (“Super Broadcasters”) to redeem Stars for money value as described below.

Your participation in the Periscope Super Broadcasters Program is also subject to the Super Heart Terms and the Periscope User Agreement which comprises the the Periscope Terms of Service, the Twitter Privacy Policy, and the Periscope Privacy Statement, The Periscope Community Guidelines and the Super Broadcasters Guidelines. These terms and policies, along with any other terms or policies that we post in connection with the Periscope Service, are referred to collectively as our “Policies.” Please read these other policies as certain capitalized terms within this agreement are defined within our Policies. These Terms do not supersede or replace, any of those Policies except that the arbitration remedy set forth in Section 8 of these Terms replaces any other dispute resolution terms set forth in other Policies, including the Periscope Terms of Service, as to disputes related to the Super Broadcaster Program.

IMPORTANT NOTICE: THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN SECTION 8. PLEASE REVIEW THAT SECTION CAREFULLY: IT REQUIRES YOU TO RESOLVE DISPUTES WITH TWITTER REGARDING THESE TERMS OR THE SUPER BROADCASTERS PROGRAM ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION.

1. COINS, SUPER HEARTS, AND STARS: BACKGROUND

Periscope Users may buy Coins that are offered for through the Apple App Store and Google Play Store. Users can exchange these Coins for Super Hearts and assign these Super Hearts to Broadcasters to express their enthusiasm for a particular piece of Content. Users can purchase Coins on Periscope and select the type of Super Heart or heart they would like to give Broadcasters. We may then reflect the number of Super Hearts granted on the platform as Stars (or by another term). Coins, Stars, and Super Hearts are not real money, have no inherent cash value and should not be used or thought of as money.

Broadcasters who are Super Broadcasters may request that the Stars they receive be withdrawn for a cash value, which we will determine as described below. (Please see Section 2 regarding eligibility for this program.)

IMPORTANT: As we’ve described below, we provide no guarantee that we will redeem Stars for a given sum, or any sum, and Coins, Stars, and Super Hearts are subject to being discontinued, devalued, or limited in our sole discretion.

2. ELIGIBILITY FOR SUPER BROADCASTER PROGRAM

In order to redeem Stars for money value, we require Broadcasters to be a part of our Super Broadcaster Program. The eligibility requirements to apply for the Super Broadcasters Program, can be found here. As a condition of redemption of Stars, we may impose additional verification requirements, such as proof of identity or residence, at our discretion.

Please note that employees of Twitter, Our Services and Corporate Affiliates are ineligible for participation in the Super Broadcasters program.

We may approve or deny any request to redeem Stars, in our sole discretion. We may also revoke any Broadcaster’s eligibility to redeem Stars for monetary value at any time, also in our sole discretion. For instance, where we have a good faith basis that a Broadcaster has violated any of our Policies, we may revoke any Broadcaster’s eligibility to redeem Stars.

3. COINS, STARS, AND SUPER HEARTS ARE NOT REAL MONEY

Coins, Stars, and Super Hearts are not real money, and should not be used or thought of as if they are. They are instead a feature of the Periscope platform that we make available. You therefore agree to the following:

  • You acknowledge that Coins, Stars, and Super Hearts are not real currency or any type of financial instrument. We do not promise that Super Hearts will be redeemable for any guaranteed number of Stars, and we likewise do not promise that Stars will be redeemed for any guaranteed sum of real money.
  • You agree that we have the sole right to manage, regulate, control, and/or modify the license rights underlying the Super Hearts as we see fit.
  • You agree that we will not be liable to you, and you will not assert that we are liable to you, based on your (a) receipt of Super Hearts from any other User, or (b) attempt to redeem your Stars for money value.

4. REDEMPTION OF STARS: PROHIBITIONS

A number of additional rules apply to the acceptance of Super Hearts and redemption of Stars. In particular:

  • A Broadcaster may not redeem Stars if the Stars were awarded to Content that violates the Policies, including without limitation the Periscope Community Guidelines and the Super Broadcasters Guidelines.
  • You may only redeem Stars on public broadcasts that have not been deleted prior to cash out.
  • Stars are not transferrable between Periscope accounts.
  • You may not provide anyone with any thing of monetary value in exchange for their grant of Super Hearts to you, nor may you attach any specific terms to your receipt of Super Hearts from a User (whether on or off the Periscope platform).
  • You may not require, or purport to require, that anyone grant you Super Hearts as a condition to view otherwise public Content (whether on or off the Periscope platform). However, Super Broadcasters retain the ability to block users from their broadcasts for other reasons, such as blocking an abusive User.
  • Any Stars received based on Super Hearts contrary to these Terms, may be subject to reversal or removal.
  • You may not accept Super Hearts as a method of fundraising for a charity, political campaign or other non-profit organization.

5. REDEMPTION PAYMENTS AND FEES

  • When you redeem Stars with us we will redeem them at a variable rate which will depend on several variable factors, including the number of total Stars redeemed. You understand this, and should have no expectation that any particular redemption rate will apply, or continue to apply over time. We may also charge a redemption fee to Broadcasters seeking to redeem Stars for money value.
  • When you redeem Stars, we will provide payment to you approximately 30 days following the end of the month in which the redemption occurred, except as otherwise set forth herein.
  • We will redeem Stars only in U.S. Dollars.
  • We will redeem Stars only if you have submitted your current banking or payment information. Our list of cash-out methods is posted here. Please note that select forms of cash out may carry additional processing fees that the Broadcaster is responsible for paying. All cash-outs are at all times conditional upon any fraud and other legal checks that we or our payment processors may (in our and their sole discretion) put in place. We may delay redemption of Stars or payment of proceeds in our sole discretion, for any length of time.
  • If a redemption payment for any month would be less than $100, we will defer payment (at our option) to the next month, or until the sooner of (a) a redemption amount of $100 has been exceeded or (b) on a biannual calendar year basis.
  • We will not pay and you understand that you will not be entitled to any interest on redemption amounts that are delayed.
  • You must comply with all Policies as a prerequisite to receiving any payment from us.
  • The processing of payouts in connection with your participation in the Super Broadcasters Program will be subject to the terms, conditions and privacy policies of the payment processor and/or your bank in addition to this Agreement. Twitter will not be responsible or liable for any errors made by the payment processor or your bank.
  • If you intend to dispute the sum of any redemption payment, you must notify us in writing within 30 days of the receipt of the payment. Your failure to do this will constitute a waiver of any claim relating to the payment.
  • You may not redeem Stars if you are located in a country, or are on a government list, that would render such redemption a violation of law. This includes any redemption to an entity on OFAC’s Specially Designated Nationals List, or an entity that is otherwise under an applicable embargo by the United States.

Violation of the above policies may lead to termination of your account and forfeiture of any redemption sums and/or Stars related to your Content.

6. NO GUARANTEE OF STAR REDEMPTION

As described above, we have the right to set the correlation of Super Hearts to Stars in our sole discretion, and to change it over time.

We also have the right to stop redeeming Stars altogether, in our sole discretion, or to deny any particular Broadcaster the ability to redeem Stars for any reason. If we discontinue redemptions, we will provide at least 14 days notice, to enable final Super Hearts to be assigned and Stars to be redeemed, subject to these Terms.

In addition, your Star count only includes Stars that you earn during public broadcasts that are still available for viewing on the platform. When you delete a broadcast the corresponding Stars will be removed from your total Star count.

7. OTHER ACTIONS WE MAY TAKE

  • We may suspend, remove, or disable access to Coins, Stars, and Super Hearts as to any Broadcaster. We will have no liability for removing or disabling access in this way.
  • We may limit the number of Stars that may be redeemed by any Broadcaster, based on amount or time frame. We may or may not disclose this limit, and we may impose additional limits based on our anti-fraud policies.
  • We may withhold from redemption any Stars that we believe were accepted due to any breach of our Policies, or that we believe otherwise may involve a violation of any law.
  • Where Stars redeemed arose from the transfer of Super Hearts that are subject to any chargeback or refund process, or are otherwise disputed, we may suspend, recoup or set-off those redemption payments against future payments.
  • If we are unable to make a payment to you because you have not provided or updated your payment information, we may terminate or suspend your ability to redeem Stars.
  • You agree to cooperate with us to prevent or investigate fraudulent or illegal transactions.

8. BINDING ARBITRATION AND CLASS ACTION WAIVER

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

  • Initial Dispute Resolution. Our Periscope Support Team is available at https://help.pscp.tv or via email at to address any concerns you may have regarding the Service. The parties shall use their best efforts through this Periscope Support process to settle any dispute, claim, question, or disagreement and good faith negotiations which shall be a condition to either party initiating arbitration.
  • BINDING ARBITRATION. If we cannot reach an agreed upon resolution with you within a period of 30 days from the time informal dispute resolution under the Initial Dispute Resolution provision, then either you or we may initiate binding arbitration, which will be the sole means to resolve claims, subject to the terms set forth below. Specifically, all claims arising out of or relating to these Terms (including arbitrability of the dispute, as well as formation, performance and breach of this Agreement), and/or anything related to your participation in the Super Broadcasters Program shall be finally resolved exclusively through binding arbitration administered by the JAMS in San Francisco, CA, and through a single mutually agreed upon arbitrator, in accordance with the provisions of the JAMS Comprehensive Arbitration Rules & Procedures, available here, excluding any rules or procedures governing or permitting class actions.
  • The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to any claim that all or any part of these Terms are void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator's award shall be written and binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
  • The Rules governing the arbitration may be accessed at www.jamsadr.com or by calling JAMS at 1.800.352.5267. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, Twitter will pay the additional cost. If the arbitrator finds the arbitration to be non-frivolous, Twitter will pay all of the actual filing and arbitrator fees for the arbitration, provided your claim and fee does not exceed $75,000. The arbitration rules also permit you to recover attorney's fees in certain cases. The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
  • Location. Arbitration shall be initiated in the State of California, County of San Francisco, and you and we each agree to submit to the personal jurisdiction of any federal or state court in the County of San Francisco in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. At your discretion, we agree that you may attend any arbitration proceedings telephonically or videographically, in which case we will agree to do so as well.
  • Class Action Waiver. You and we further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
  • Exception - Litigation of Small Claims Court Claims
    Notwithstanding the parties' decision to resolve all disputes through arbitration, either party may seek relief in a small claims court for disputes or claims within the scope of that court's jurisdiction.
  • 30-Day Right to Opt Out. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt-out to the following address:

    1. Twitter
    2. Attn: Periscope support
    3. 1355 Market Street, Suite 900
    4. San Francisco, CA 94103
    5. Email: superbroadcaster@pscp.tv

    The notice must be sent within 30 days of June 21, 2017 or your admittance to the Super Broadcasters Program, whichever is later, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt-out of these arbitration provisions, Twitter also will not be bound by them.
  • Changes to this Section. We will provide 60-days' notice of any changes to this particular section of the Terms. Changes will become effective on the 60th day, and will apply prospectively only to any claims arising after the 60th day.
  • Disputes Not Subject to Arbitration. For any dispute not subject to arbitration you and we agree to submit to the personal and exclusive jurisdiction of and venue in the federal and state courts located in the County of San Francisco, State of California. You further agree to accept service of process by mail, and hereby waive any and all jurisdictional and venue defenses otherwise available.
  • Choice of Law. The Terms and the relationship between you and Twitter shall be governed by the laws of the State of California without regard to conflict of law provisions.

9. YOU ARE NOT OUR EMPLOYEE

You understand that your relationship with us is solely that of a user of our services, as an independent entity. You are not our employee. You maintain all rights and responsibilities for the nature and legality of your Content, the manner in which it is created and offered, and whether you decide to offer it at all.

10. YOU ARE RESPONSIBLE FOR PAYING YOUR TAXES

You are responsible for paying applicable Taxes (as defined below), if any, due to taxing authorities arising from, or in connection with, Your redemption of Stars. Twitter may deduct or withhold any Taxes that it may be legally obligated to deduct or withhold from any amounts payable to You, and payment to You as reduced by such deductions or withholdings will constitute full payment and settlement of the amounts payable under this agreement. Each party will provide the other party with any tax documentation reasonably necessary to process payments hereunder. As used above, “Taxes” means any income, stamp, sales, use, value-added or other taxes, duties, charges, fees, deductions or withholdings.

11. MODIFICATION OF TERMS

We may revise these Terms from time to time. The changes will not be retroactive, provided that at any time, in our discretion, we may discontinue the use of Super Hearts, Stars and Coins (and the redemption of Stars), and may impose additional restrictions for risk or legal compliance reasons. The most current version of the Terms, which will always be at https://pscp.tv/i/super/broadcaster-terms, will govern our relationship with you. We will try to notify you of material revisions, for example via a service notification or an email to the address associated with your account. By continuing to participate in the Super Broadcasters Program after those revisions become effective, you agree to be bound by the revised Terms.

Effective June 21, 2017