Terms of Service

This Terms of Service covers https://guac.tv/, including all subdomains (“Sites”) and Guac’s other products, services or any other features, technologies, or functionalities offered by us on our Sites or through any other means (collectively, “Services”). Guac provides, among other things, a live streaming platform for content creators to play, make, share, teach, and otherwise create media and content for their communities. Any reference to "you" refers to you, the user of the site and to your account.

We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised. We will notify you through either the Site user interface, an email notification, or other reasonable means. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that changes addressing new functions of the Services or changes made for legal reasons will be effective immediately. Your continued use of the Services after the date any such changes become effective constitutes your acceptance of the new Terms of Service.

In addition, when using certain components of the Services, you will be subject to any additional terms, policies, rules, or guidelines applicable to the Site or such components of the Site that may be posted on the Site from time to time, including, without limitation, the Privacy Policy (located at guac.tv/privacy) and the Content Guidelines (located at guac.tv/content-guidelines). All such terms are hereby incorporated by reference into these Terms of Service.

Any failure of Guac to enact upon any right or provision in these Terms of Service does not constitute a waiver of those rights or a permission to perform actions that violate these Terms of Service.

Access and Use of the Site

Your Registration Obligations

You may be required to register with Guac in order to access and use certain features of the Site. If you choose to register, you agree to provide and maintain true, accurate, current, and complete information about yourself as prompted by the Site’s registration form. Registration data and certain other information about you are governed by our Privacy Policy. If you are under 16 years of age, per the requirements of the GDPR (General Data Protection Regulation) you are not authorized to register to use the Services.

BY REGISTERING WITH GUAC YOU ARE AGREEING THAT YOU ARE OVER THE AGE OF 16. IF YOU ARE BETWEEN THE AGE OF 16 AND THE AGE OF LEGAL MAJORITY, IN YOUR JURISDICTION, AND YOU REGISTER WITH GUAC, YOU REPRESENT THAT YOUR PARENT OR LEGAL GUARDIAN AGREES TO BE BOUND TO THESE TERMS OF SERVICE. BY REGISTERING YOU CERTIFY AND REPRESENT THAT YOU HAVE NOT BEEN REMOVED OR PROHIBITED FROM USING THE GUAC SITE AND SERVICES.

Bans

Channel Bans

Any user that has been banned by a streamer or moderator of a channel may no longer view or interact with said channel/streamer in their respective channel. Any attempt to circumvent your ban will result in further actions against your account(s). Channel bans are at the discretion of the streamer and can not be appealed to Guac Staff.

Platform Bans

Any user who has been banned from the platform by a Guac Team Member may no longer use the site. Attempts to circumvent a ban will result in appropriate action being taken. Bans are at the discretion of Guac Team Members. Anyone who has been banned from the platform will be informed of the length of ban as well as the reason, with our evidence available upon request.

Please contact support@guac.tv for any questions related to a ban.

Member Account, Password and Security

You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify Guac of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Site (as defined as Guac.tv and all related subdomains). Guac will not be liable for any loss or damage arising from your failure to comply with this Section.

Modifications to Site

Guac reserves the right to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. You agree that Guac will not be liable to you or to any third party for any modification, suspension or discontinuance of the Site.

General Practices Regarding Use and Storage

You acknowledge that Guac may establish general practices and limits concerning use of the Services, including without limitation the maximum period of time that data or other content will be retained by the Services and the maximum storage space that will be allotted on Guac’s servers on your behalf. You agree that Guac has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Site. You acknowledge that Guac reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Guac reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

Conditions Of Use

User Conduct

In addition to any applicable guidelines or policies that may govern specific components of the Site, you agree to comply with the following conditions in using the Site. You are solely responsible for all video, images, information, data, text, software, music, sound, photographs, graphics, messages, or other materials (“content”) that you upload, post, publish, or display (hereinafter, “upload”) or send or otherwise transmit via the Services. The following are examples of the kind of content and/or use that is illegal or prohibited by Guac. Guac reserves the right to investigate and take appropriate legal action against anyone who, in Guac’s sole discretion, violates this provision, including without limitation, removing the offending content from the Site, suspending or terminating the account of such violators, and reporting you to the law enforcement authorities. You agree to not use the Site to:

• send or otherwise upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or (vii) in the sole judgment of Guac, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose Guac or its users to any harm or liability of any type;
• interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site;
• violate any applicable local, state, national, or international law or any regulations having the force of law;
• impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
• solicit personal information from anyone under the age of 18;
• harvest or collect email addresses or other contact information of other users from the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
• advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
• further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or
• obtain or attempt to access or otherwise obtain any materials or information through any unauthorized methods

Off Guac Content

Guac is a global community, and as such we all play an important part in our image, our future, and the brand. If we become aware, are made aware, or are informed of hateful, illegal, immoral, or other practices conducted by a person that would violate the Terms of Service or other laws, whether on the site, off the site, in a public space, or shared via online communication, we reserve the right to deny them use of our services, site, and Guac related content. Any action taken in this manner is to protect our community as a whole and is it at the discretion of the Guac Staff.

Intellectual Property Rights

Site Content, Software, and Trademarks

You acknowledge and agree that the Site may contain content or features (“Site Content”) that are protected by copyright, patent, trademark, trade secret, or other proprietary rights and laws. Except as expressly authorized by Guac, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on the Site or the Site Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Site. In connection with your use of the Site you will not engage in or use any data mining, robots, scraping, or similar data gathering or extraction methods. If you are blocked by Guac from accessing the Site (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Site or the Site Content other than as specifically authorized herein is strictly prohibited. Any rights not expressly granted herein are reserved by Guac.

The Guac name and logos are trademarks of Guac. Other trademarks used and displayed via the Site may be trademarks of their respective owners who may or may not endorse or be affiliated with or connected to Guac. Nothing in this Terms of Service or the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Guac trademarks displayed on the Site, without our prior written permission in each instance. All goodwill generated from the use of Guac trademarks will ensue to our exclusive benefit.

Third Party Material

Under no circumstances will Guac be liable in any way for any content or materials of any third parties, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Guac does not pre-screen content, but that Guac and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Site. Without limiting the foregoing, Guac and its designees will have the right to remove any content that violates these Terms of Service or is deemed by Guac, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.

User Content Transmitted Through the Site

With respect to the content or other materials you upload through the Site or share with other users or recipients (collectively, “User Content”), you represent and warrant that you own all right, title, and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein. By uploading any User Content you hereby grant and will grant Guac and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify, and otherwise use your User Content for any Guac-related purpose in any form, medium, or technology now known or later developed. You will not hold Guac responsible for any unauthorized transmission of your content and you acknowledge that you are responsible for filing any copyright claims against any unauthorized transmission of your content.

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information about the Site (“Submissions”) provided by you to Guac are non-confidential and Guac will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, without acknowledgment or compensation to you.

Without limiting the foregoing, you acknowledge and agree that Guac may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws, or government requests; (b) enforce these Terms of Service ; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Guac, its users and the public. You understand that the technical processing and transmission of the Site, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

You agree that you will not steal ideas, creatives, or copyrighted material. You understand that music that you do not have permission to use is protected by a law referred to as the DMCA (Digital Millennium Copyright Act). Any media you use on Guac must be licensed to you, or the media must be royalty free, or licensed under fair use. Please contact legal@guac.tv with any questions.

Copyright Complaints

Guac respects the intellectual property of others and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Guac of your infringement claim in accordance with the procedure set forth below.

Guac will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. As per Guac policy, the details of the copyright complaint will be made available to our users. You may notify Guac of claimed copyright infringement via physical or electronic mail.

Copyright Infringement Claims

To be effective, the notification must be in writing and contain the following information:

• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
• a description of the copyrighted work or other intellectual property that you claim has been infringed;
• a description of where the material that you claim is infringing is located on the Site, with enough detail that we may find it on the Site;
• your address, telephone number, and email address;
• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
• a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

Counter-Notice

If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in your User Content, you may send a counter-notice containing the following information to legal@guac.tv:

• your physical or electronic signature;
• identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
• a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
• your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which you may be found, and that you will accept service of process from the person who provided notification or an agent of such person.

If a counter-notice is received by the Copyright Agent, Guac will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.

Repeat Infringer Policy

In accordance with the DMCA and other applicable law, Guac has adopted a policy of terminating, in appropriate circumstances and at Guac’s sole discretion, users who are deemed to be repeat infringers. Guac may also at its sole discretion limit access to the Site and/or terminate the registrations of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Commercial Use

Unless otherwise expressly authorized herein or in the Site, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer, or upload for any commercial purposes, any portion of the Site, use of the Site, or access to the Site. The buying, exchanging, selling, and/or promotion (commercial or otherwise) of views, interactions, submissions, accounts (or any aspect of your account or any other account), and/or content is strictly prohibited, constitutes a material breach of these Terms of Service, and could result in legal liability.

Changes To User Information

Guac reserves the right to modify, change, remove, or replace any information or content on any user's account without notice or consent. This includes everything related to the user on the Site. This is in place to better serve the community through moderation, support, and safety.

Third Party Websites

The Site may provide, or third parties may provide, links or other access to other sites and resources on the Internet or to third party applications. Guac has no control over such sites, resources or applications and Guac is not responsible for and does not endorse such sites, resources or applications. You further acknowledge and agree that Guac will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such sites, resources or applications. Any dealings you have with third parties found while using the Site are between you and the third party, and you agree that Guac is not liable for any loss or claim that you may have against any such third party.

Indemnity and Release

You agree to release, indemnify, and hold Guac and its affiliates and their officers, employees, directors, and agents harmless from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind, and injury (including death) arising out of or relating to your use of the Site or any related information, any User Content, or the results thereof, your violation of these Terms of Service, or your violation of any rights of another. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.

Disclaimer of Warranties

YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. GUAC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

GUAC MAKES NO WARRANTY THAT (I) THE SITE WILL MEET YOUR REQUIREMENTS, (II) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT GUAC WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF GUAC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SITE OR ANY RELATED INFORMATION; (II) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (III) STATEMENTS OR CONDUCT OF ANY THIRD PARTY (INCLUDING USERS) ON THE SITE; OR (IV) ANY OTHER MATTER RELATING TO THE SITE. IN NO EVENT WILL GUAC’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE.

WITHOUT LIMITING THE FOREGOING, IF YOU ARE A USER FROM NEW JERSEY, THE ‘DISCLAIMER OF WARRANTIES’ AND ‘LIMITATION OF LIABILITY’ SECTIONS ABOVE ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER NEW JERSEY LAW. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER NEW JERSEY LAW, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTION.

Termination

You agree that Guac, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Site and remove and discard any content within the Site, for any reason, including, without limitation, for lack of use or if Guac believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of Site, may be referred to appropriate law enforcement authorities. Guac may also in its sole discretion and at any time discontinue providing the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Site under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that Guac may (but has obligation to) immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Site. Termination of your account or access to any component of the Site will not terminate Guac’s rights to your User Content. Further, you agree that Guac will not be liable to you or any third party for any termination of your access to the Site.

User Disputes

You agree that you are solely responsible for your interactions with any other user in connection with the Site and Guac will have no liability or responsibility with respect thereto. Guac reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Site.

General

These Terms of Service constitute the entire agreement between you and Guac and govern your use of the Site, superseding any prior agreements between you and Guac with respect to the Site. These Terms of Service will be governed by the laws of Norway without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and Guac agree to submit to the personal and exclusive jurisdiction of the courts located in Norway. The failure of Guac to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign this Terms of Service without the prior written consent of Guac, but Guac may assign or transfer this Terms of Service, in whole or in part, without restriction. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Site may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Site. In the event of a conflict of a translated version of these Terms of Service and the English language version of these Terms of Service, the English Version of these Terms will be the control document.

Questions? Concerns?

Please contact us at legal@guac.tv to report any violations of these Terms of Service or to pose any questions regarding this Terms of Service or the Site.