SUPER HEART TERMS

Periscope Super Hearts are a way for Periscope Users (“Users” or “You”) to share their enthusiasm with a Broadcaster (“Broadcaster”), when the Broadcaster live-streams content. These terms (“Terms”) between You and Twitter (“Twitter” or “we”) govern your use of Super Hearts, Coins and Stars described below.

Your use of Super Hearts, Coins and Stars is also subject to the Periscope User Agreement which comprises the Periscope Terms of Service, the Twitter Privacy Policy, and the Periscope Privacy Statement, as well as the Periscope Community Guidelines. These terms and policies, along with any other terms or policies that we post in connection with the Periscope Services, 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.

1. SUPER HEARTS, STARS AND COINS: BACKGROUND

Periscope Super Hearts, Coins and Stars work as follows:

Periscope Users may buy Coins that are offered for sale through the Apple App Store and Google Play Store. Users can exchange these Coins for Super Hearts and grant 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). When you grant Super Hearts to a Broadcaster, your user name and photo may be displayed depending on the Super Heart you choose.

In order for Broadcasters to redeem Stars for money value, we require Broadcasters to be a part of our Super Broadcasters Program, which requires an application and approval process. (If you are a Broadcaster and wish to learn more about or apply to the program, please visit our Super Broadcaster Program page. Super Broadcaster Program Terms set forth the eligibility, redemption rules, and other restrictions that Broadcasters who seek to redeem Stars must adhere to.)

As further explained below, Super Hearts are not, and you may not use them as, a substitute for actual currency, and they may not be traded or exchanged outside of the Periscope platform. We may discontinue the sale, or use of Coins, Super Hearts, and Stars on the Periscope platform, at any time, in our discretion.

2. BUYING COINS

When you buy Coins, you are responsible for paying any fees or taxes (including sales, use, value added, goods and services, or other transaction taxes, and withholding taxes) that Apple or Google assess in their app stores. We reserve the right to assess other fees to Users or Broadcasters in our sole discretion, provided that we have given advance notice of these fees at the time of or prior to purchase.

3. SUPER HEARTS ARE A LIMITED, REVOCABLE LICENSE THAT WE GRANT YOU

Super Hearts are virtual tokens that we license to you. Each Super Heart is in effect a limited license of a virtual token that represents a way that Twitter permits (and encourages) you to express your support for Content that you enjoy or find compelling. Each Super Heart is a limited license permission to use features of our Service as set forth below.

This license is provided solely to and for use by the User who has exchanged Coins for Super Hearts, through that User’s account. This license may not be sublicensed, encumbered, conveyed or made subject to any right of survivorship or other disposition by operation of law or otherwise, and you agree that any such transfer of Super Hearts is null and void.

Twitter may revoke its licenses to you regarding Super Hearts at any time without notice, refund or compensation in the event that Twitter: (i) suspends the exchange of Coins for Super Hearts or makes other significant changes to the Periscope platform; (ii) determines that fraud or other illegal conduct is associated with your account; or (iii) determines that your account has been involved in a violation of our Policies.

4. SUPER HEARTS, COINS, AND STARS ARE NOT MONEY, AND WE ARE NOT LIABLE FOR YOUR USE OF THEM

Super Hearts, Coins and Stars are not real money, and should not be used or thought of as if they are. You understand that, and agree that the following rules:

  • You acknowledge that Super Hearts, Coins and Stars 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.
  • 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 grant of Super Hearts to any Broadcaster.
  • We likewise make no guarantee as to the quality, value or nature of the Content on the Periscope platform.

5. COINS AND SUPER HEARTS ARE NOT REFUNDABLE AND DO NOT HAVE A NATURAL EXPIRATION DATE

Coin purchases are final, non-refundable, have no monetary value.

Super Hearts are subject to a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to use. You have no property, proprietary, intellectual property, ownership, economic, or monetary interest in the Super Hearts which you exchange Coins for, which remain the exclusive property of Twitter (subject only to the limited license set forth in Section 3 and these Terms).

Coins and Super Hearts do not have a natural expiration date, but may be retired, revoked or discontinued as set forth in these Terms.

6. USE OF SUPER HEARTS AND COINS: PROHIBITIONS

A number of additional rules apply to the use of Coins and Super Hearts. In particular:

  • Coins and Super Hearts 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, Broadcasters retain the ability to block users from their broadcasts for other reasons, such as blocking an abusive User.
  • Super Hearts and Coins may not be sold by third parties, off of the Periscope platform. If you see anyone selling Super Hearts in this way, please let us know by contacting us at superhearts@pscp.tv.
  • If you grant Super Hearts to any Content created by a Super Broadcaster that violates our Policies, including without limitation the Periscope Community Guidelines and the Super Broadcaster Community Guidelines, we may prohibit the Super Broadcaster from redeeming Stars for that Content. We will not provide a refund to you in that circumstance.
  • You may not grant Super Hearts as a method of donation of funds to a charity, political campaign or other non-profit organization.

7. YOU MAY NOT USE THE SUPER HEARTS FEATURE IF YOU ARE UNDER 18 YEARS OLD

In order to use the Super Hearts Feature, you must be at least 18 years old, and have the legal authority to enter into this Agreement. If you are at least 13 years of age and less than 18 years of age, then your parent or legal guardian must read and accept this Agreement and your use of the Super Hearts Feature.

8. NO GUARANTEE OF STARS

As described above, we have the right to set the correlation of Coins to Super Hearts and Super Hearts to Stars in our sole discretion, and to change it over time, or to add new types or values of Coins, Super Hearts or Stars in the future.

When you grant Super Hearts to a Broadcaster, you also understand that we may, in our sole discretion, deny any particular Broadcaster the ability to earn for Stars for any reason, such as when we believe our Terms or any law may be violated.

In addition, Broadcasters’ Star counts only include Stars that you earn during broadcasts that are still available for viewing on the platform. When Broadcasters delete broadcasts, any corresponding Stars will be removed from their total Star count.

9. OTHER ACTIONS WE MAY TAKE

  • We may suspend, remove or disable access to Super Hearts to any User, where we believe that User may have violated any of our Policies. We will have no liability for removing or disabling access in this way.
  • We may limit the number of Super Hearts that may be granted or Coins that may be purchased or redeemed by any User or Broadcaster, based on volume 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 impose other limits on the use of Super Hearts or Coins, and we may discontinue the use of Super Hearts, Stars and Coins altogether, after a certain date of our selection and at our discretion.

10. 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 most current version of the Terms, which will always be at https://pscp.tv/i/super/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 email associated with your account. By continuing to use Coins, Super Hearts and Stars after those revisions become effective, you agree to be bound by the revised Terms.

Effective June 21, 2017