- Introduction; Volunteer Agreement:
Please read these terms and conditions of service carefully. This is a binding contract. Stream for a Cause Inc. (“SfaC”) is a Michigan non-profit organization whose mission is to collaborate with content streamers to fundraise for and donate to community centered nonprofits. SfaC partners with volunteer streamers in its activities, including through the operation of the SfaC Volunteer Program (the “Volunteer Program”) through which such volunteers are granted access to support, communication, and planning services to more effectively host and participate in live and recorded streaming events focused on one or more charitable causes (the “Streaming Event[s]”).
These are the Terms and Conditions of Service for the SfaC Volunteer Program, which includes the Streamer Incentive Program (as defined below).
By clicking “Agree” to these Terms and Conditions of Service or otherwise accepting or participating in the Volunteer Program you are entering into a legally binding agreement between you and SfaC regarding your participation in the Volunteer Program. You acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions of Service. If you do not agree to these Terms and Conditions of Service, do not participate in the Volunteer Program.
When participating in the Volunteer Program on behalf of a company, entity, or organization (collectively, a “Volunteer Organization”), you represent and warrant that you: (i) are an authorized representative of the Volunteer Organization with the authority to bind the Volunteer Organization to these Terms and Conditions of Service and grant the licenses set forth herein; and (ii) agree to these Terms and Conditions of Service on behalf of such Volunteer Organization.
- Minor Persons and Authorization by Guardians:
Participation in the Volunteer Program is not available to persons under the age of 18. If you are below the age of 18, you may only participate in the Volunteer Program with the consent of a parent or legal guardian who agrees to be bound by these Terms and Conditions of Service.
Participation in the Volunteer Program is also not available to any users previously removed, suspended, barred, or otherwise prohibited from participating in the Volunteer Program by SfaC.
BY PARTICIPATING IN THE VOLUNTEER PROGRAM, YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OF AGE, THAT YOUR PARENT OR LEGAL GUARDIAN AGREES TO BE BOUND BY THESE TERMS AND CONDITIONS OF SERVICE IF YOU ARE BELOW THE AGE OF 18, AND THAT YOU HAVE NOT BEEN PREVIOUSLY REMOVED, SUSPENDED, BARRED, OR OTHERWISE PROHIBITED FROM PARTICIPATING IN THE VOLUNTEER PROGRAM.
- Policies and Safety Rules:
While participating in the Volunteer Program you will abide by and comply with the rules and regulations contained herein and will abide by and follow the directions and supervision of SfaC.
- Confidentiality:
While participating in the Volunteer Program you may have access to confidential information regarding SfaC, other participants in the Volunteer Program, or other third-party participants or services associated with the Volunteer Program. At all times during and after your participation in the Volunteer Program, you agree to hold any such confidential information in the strictest confidence and will not disclose any such confidential information to any outside parties without express prior written authorization from the Executive Director of SfaC.
- Code of Conduct:
At all times during participation in the Volunteer Program, you agree to observe and comply with the terms of each and every user agreement required by third-party services and partners associated with the Volunteer Program, including, but not limited to, Twitch Interactive Inc.
Additionally, while participating in the Volunteer Program, you shall abide by SfaC’s general Code of Conduct as set forth herein. You shall: (i) be appropriately clothed while participating in Streaming Events; (ii) refrain from displays of lewdness, nudity, or any other display that may be considered inappropriate for general audiences or viewers; (iii) refrain from the use of derogatory or non-inclusive language while participating in Streaming Events; (iv) refrain from the use of any lewd or obscene gestures while participating in Streaming Events; and (v) refrain from harassing or discriminating against any other volunteer, viewer, or other person while participating in Streaming Events.
Any violation of a user agreement required by third-party services and partners associated with the Volunteer Program, or SfaC’s Code of Conduct while participating in the Volunteer Program, shall be deemed a breach of these Terms and Conditions of Service and may result in SfaC, in its sole discretion, terminating or suspending your participation in the Volunteer Program on a temporary or permanent basis.
- Volunteer; No Employment:
While participating in the Volunteer Program you understand that you: (i) are not an employee of SfaC, (ii) will not be paid monetary compensation for your participation in the Volunteer Program, and (iii) are not covered by or eligible for SfaC’s insurance, health care, worker’s compensation, or other employment related benefits of any kind. You may choose at any time to not participate in any activity associated with, or to stop your participation entirely in, the Volunteer Program. SfaC shall consider you to no longer be participating in the Volunteer Program if you remain uncommunicative or unresponsive to SfaC staff for a period of ninety (90) days or more.
- License; Publicity:
While participating in the Volunteer Program you consent to the use by SfaC of your image, voice, name, and personal biographical information in any format, including, but not limited to, video, audio, print, or any other form of electronic or physical media (collectively, the “Materials”), as SfaC deems to be appropriate, in its sole discretion, to promote the Volunteer Program and SfaC’s mission or other charitable goals. SfaC may make the Materials available at its sole discretion to third parties, on SfaC’s website, or through other media platforms, including social media. You hereby: (i) waive the right to inspect, review, or otherwise approve the Materials prior to their dissemination or publication; (ii) consent to the use and distribution of the Materials by SfaC without monetary compensation to you of any kind; (iii) grant to SfaC any necessary copyrights, licenses, or other rights to use and distribute the Materials; and (iv) waive any and all current or future legal claims against SfaC relating to copyright of the Materials or other rights of publicity or privacy, in regards to and in connection with the Volunteer Program.
- Streamer Incentive Program:
While participating in the Volunteer Program, you hereby agree that any donations you receive while participating in a Volunteer Program related Streaming Event shall be the immediately donated and remitted to SfaC upon the conclusion of such Streaming Event. Provided, however, that ten percent (10%) of all such donations will be held in trust by SfaC for your benefit as part of the “Streamer Incentive Program.” You may inquire as to your total incentive balance at any time by submitting a written request for the same. You acknowledge that any incentives earned by you through the Streamer Incentive Program cannot and will not be remitted to you in the form of monetary compensation or cash payments of any kind. Incentives earned under the Streamer Incentives Program will be remitted back to you upon your written request in the form of tangible gifts that will benefit and further your creative opportunities and enhance the quality of your creative content including, but not limited to, video games, gaming peripherals, or giveaway opportunities. You acknowledge that to receive any benefit or gift under the Streamer Incentives Program you must have actively participated in the Volunteer Program within the past one hundred eighty (180) calendar days. The cash value of any benefits earned by you under the Streamer Incentives Program which are not utilized within 180 days or the earlier termination of this Agreement shall be considered forfeited by you and shall be remitted to SfaC for use in its operational budget or to be used by SfaC in its sole discretion for the promotion of the Volunteer Program, SfaC’s charitable goals generally, or any other valid charitable purpose. You may at any time request that the balance of your incentives, or any portion thereof, be donated to SfaC by submitting a written request for the same.
All written requests or inquiries in connection with the Streamer Incentive Program, including those described above, should be directed to SfaC at admin@streamforacause.org.
- Termination:
To the fullest extent permitted by applicable law, SfaC reserves the right, without notice and in its sole discretion, to terminate or suspend your participation in the Volunteer Program on a temporary or permanent basis and to prevent your future participation in the Volunteer Program, including where it determines that: (a) your participation in the Volunteer Program violates these Terms and Conditions of Service or applicable law; (b) you fraudulently use or misuse any of the services and benefits related to the Volunteer Program; or (c) it is unable to continue operating the Volunteer Program to you due to technical or legitimate business reasons. To the fullest extent permitted by applicable law, your only remedy with respect to any dissatisfaction with: (i) the Volunteer Program, (ii) any term of these Terms and Conditions of Service, or (iii) any policy or practice of SfaC in operating the Volunteer Program, is to terminate your participation in the Volunteer Program.
- Non-Disparagement:
While participating in the Volunteer Program you agree that you will not at any time, directly or indirectly, make, publish, or communicate to any person or entity or in any public forum any defamatory or disparaging remarks, comments, or statements concerning SfaC, and any of its volunteers, staff, employees, officers, members or advisors, or any member of the Board. This Section 10 does not, in any way, restrict or impede you from exercising protected rights to the extent that such rights cannot be waived by agreement or from complying with any applicable law or regulation or a valid order of a court of competent jurisdiction or an authorized government agency, provided that such compliance does not exceed that required by the law, regulation, or order. You agree to promptly provide written notice of any such order to SfaC.
- Disputes:
a. Indemnification:
To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless SfaC and each of its respective staff, employees, officers, members or advisors, or any member of the Board (individually and collectively, the “SfaC Parties”) from any claims, losses, damages, demands, expenses, costs, and liabilities, including legal fees and expenses, arising out of or related to your access, use, or misuse of the Volunteer Program, any creative content you post, stream, or otherwise transmit in connection with the Volunteer Program, your violation of the rights of any third party, any violation by you of these Terms and Conditions of Service, or any breach of the representations, warranties, and covenants made by you herein. You agree to promptly notify the SfaC Parties of any third-party claim, and SfaC reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify SfaC, and you agree to cooperate with SfaC’s defense of these claims. SfaC will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
b. Limitation of Liability:
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) IN NO EVENT SHALL SFAC OR THE SFAC PARTIES BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO PARTICIPATE IN THE VOLUNTEER PROGRAM, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED FROM SFAC, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO SFAC’S RECORDS, PROGRAMS, OR SERVICES; AND (B) IN NO EVENT SHALL THE AGGREGATE LIABILITY OF SFAC, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE, OR IMPUTED), STRICT LIABILITY, OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO PARTICIPATE IN THE VOLUNTEER PROGRAM EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR PARTICIPATING IN THE VOLUNTEER PROGRAM DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS ($100.00), WHICHEVER IS GREATER. TO THE EXTENT THAT APPLICABLE LAW PROHIBITS LIMITATION OF SUCH LIABILITY, SFAC SHALL LIMIT ITS LIABILITY TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW.
c. Disclaimers:
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) THE VOLUNTEER PROGRAM IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN WRITING BY SFAC; (B) THE SFAC PARTIES DISCLAIM ALL OTHER WARRANTIES, STATUTORY, EXPRESS, OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE VOLUNTEER PROGRAM, INCLUDING ANY INFORMATION, CONTENT, OR MATERIALS CONTAINED THEREIN; (C) SFAC DOES NOT REPRESENT OR WARRANT THAT THE CONTENT OR MATERIALS ASSOCIATED WITH THE VOLUNTEER PROGRAM ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE; AND (D) SFAC IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO TEXT OR PHOTOGRAPHY. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SFAC OR THROUGH THE VOLUNTEER PROGRAM WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
d. Basis of the Bargain:
YOU ACKNOWLEDGE AND AGREE THAT SFAC HAS OFFERED THE VOLUNTEER PROGRAM AND ENTERED INTO THESE TERMS AND CONDITIONS OF SERVICE IN RELIANCE UPON THE WARRANTY, DISCLAIMERS, AND LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND SFAC, AND THAT THE WARRANTY, DISCLAIMERS, AND LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND SFAC. SFAC WOULD NOT BE ABLE TO PROVIDE THE VOLUNTEER PROGRAM ON A REASONABLE BASIS WITHOUT THESE LIMITATIONS.
e. Enforcement, Governing Law, and Venue:
Before you may file an action and/or lawsuit to construe the provisions of these Terms and Conditions of Service or to enforce the rights and obligations contained herein, you must first inform SfaC of any alleged breach or need for construction and confer in good faith to attempt to resolve such dispute. If after conferring in good faith the dispute cannot be resolved within thirty (30) calendar days, then you agree that any action and/or lawsuit to construe the provisions of these Terms and Conditions of Service or to enforce the rights and obligations contained herein may be filed in a federal court of competent jurisdiction, or if no federal court has competent jurisdiction, in any other court of competent jurisdiction, located in Calhoun County, Michigan. This Agreement shall be governed and interpreted under the laws of the State of Michigan, without reference to any Conflict of Laws provision contained in the statutory or common law.
- General Provisions:
a. Amendment:
SfaC may amend any of the provisions of these Terms and Conditions of Service by posting the amended terms. Your continued participation in the Volunteer Program after the effective date of the revised Terms and Conditions of Service shall constitute your acceptance of the amended terms.
b. Waiver:
If SfaC fails to exercise or enforce any right or provision of these Terms and Conditions of Service, it will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms and Conditions of Service will be effective only if in writing and signed by the relevant party.
c. Assignment:
These Terms and Conditions of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by SfaC without restriction. Any assignment attempted to be made in violation of this Terms and Conditions of Service shall be void.
d. Survival:
Upon termination of these Terms and Conditions of Service, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to, Sections 7, 11, and 12.
e. Binding Agreement:
The covenants and agreements contained in these Terms and Conditions of Service shall be binding for the duration of your participation in the Volunteer Program.
f. Entire Agreement:
These Terms and Conditions of Service represent the entire agreement between you and SfaC relating to the subject matter herein and will not be modified except by a writing signed by authorized representatives of both parties, or by a change to these Terms and Conditions of Service made by SfaC as set forth in Section 12(a) above.
g. Severability:
If any provision of these Terms and Conditions of Service is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms and Conditions of Service to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
