RAZER TIPSTREAM – SPECIFIC TERMS Last modified: 22 February 2020
- 1. SCOPE
These terms ("Specific Terms") apply to and govern your use of Razer TipStream, as well as all offers, sales, gifts, redemptions and purchases of Shards.
Please read these Specific Terms carefully. By using Razer TipStream, or by making an offer to purchase or accepting any Shards, you hereby accept and agree to these Specific Terms and any amendments to these Specific Terms. If you do not accept and agree to these Specific Terms, you should immediately cancel any offer to purchase or decline to accept any Shards and cease the use of Shards. Nothing in these Specific Terms shall prejudice or limit rights granted by applicable mandatory laws.
In the event of any inconsistency between the General Terms and these Specific Terms, these Specific Terms shall prevail. Capitalized terms not otherwise defined herein shall bear the meaning assigned to them in the General Terms.
- 2. PURCHASE OF SHARDS
You acknowledge that all purchases of Shards shall also be governed by the terms of the Razer Products and Services – General Terms of Sales, save as supplemented and/or amended by these Specific Terms.
If your purchase or redemption of Shards is made through Razer Gold or Razer Silver, do note that the terms of the Razer Gold – Terms of Service are applicable to your purchase or redemption as well.
Shards are a form of digital content that can only be used in Razer TipStream and are used to show appreciation and support for streamers through the Razer TipStream service. You acknowledge that Shards have no monetary value, cannot be converted to cash or any equivalent, and does not constitute a form of currency (including electronic, virtual or digital currency) or property of any kind.
All purchases of Shards are final, non-cancellable and non-refundable.
As a form of digital content, Shards are made available for purchase and use by Razer for users of the Razer TipStream service at Razer’s sole discretion. Razer reserves the right to cease its offer for sale of Shards at any time.
- 3. ACCEPTABLE USE OF SHARDS
Do note that Shards are solely intended to be used in the Razer TipStream service and you are not permitted to sell, offer for sale, trade, transfer, exchange or barter Shards with any third-party (including other users of the Razer TipStream service) whether on any Razer Sites or any other external site, platform or service whatsoever. Without limiting the generality of the foregoing sentence, the following scenarios are strictly prohibited:
- Selling, offering to sell, trade, barter or transfer Shards to any third party in exchange for any form of currency (including electronic, virtual or digital currency) or in exchange for any other form of property, services or legal consideration;
- Soliciting for Shards in exchange for any form of currency (including electronic, virtual or digital currency) or in exchange for any form of property, services or legal consideration; and
- Using Shards to engage in any fraudulent, illegal, unauthorized or infringing activities, including but not limited to any form of wagering or online gambling.
For the avoidance of doubt, any reference to “tip” or “tipping", "donate", "donation", and "donating" of Shards throughout the Razer TipStream service is purely descriptive and does not imply or constitute any form of payment, transfer of currency / money / virtual credits or gratuity whatsoever.
Razer reserves the right to take all necessary action in response to any violations of the preceding paragraph and of these Specific Terms, including but not limited to terminating your use of the Razer TipStream service.
- 4. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
You acknowledge that Razer may continually revise and upgrade Razer TipStream, including to revise, discontinue, or modify the Shards and the Razer TipStream service at any time without prior notice to you, and Razer TipStream and/or Shards may become unavailable without notice.
Neither Razer, its licensors, nor their affiliates shall be liable in any way for loss or damage of any kind resulting from the use or inability to use the Razer TipStream service, including, but not limited to, loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses. In no event will Razer be liable for any indirect, incidental, consequential, special, punitive, exemplary damages, or any other damages arising out of or in any way connected with the services, or any information available in connection therewith, or the delay or inability to use information or the services, even in the event of fault, tort (including negligence), strict liability, breach of contract, or breach of Razer’s warranty and even if Razer has been advised of the possibility of such damages. These limitations and exclusions regarding damages apply even if any limited remedy fails.
You acknowledge and agree that your sole and exclusive remedy for any dispute with Razer with regard to the Razer TipStream service is to discontinue use of the Razer TipStream service. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages or other kinds of damages excluded herein, the liability of Razer and its affiliates shall be limited to the fullest extent permitted by law in such states or jurisdictions.
Without prejudice to the foregoing and to the fullest extent permitted by law, we shall have no liability to you if Razer TipStream infringes or is alleged to infringe any rights (including intellectual property rights) of any third party.
- 5. DISPUTES; ARBITRATION
You agree that the laws of Singapore, without regard to principles of conflict of laws, shall govern both these Specific Terms and any dispute that might arise between you and Razer in relation to Razer TipStream / Shards and these Specific Terms.
You also agree that any disputes shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre ("SIAC") in accordance with the Arbitration Rules of the Singapore International Arbitration Centre ("SIAC Rules") for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be Singapore. The Tribunal shall consist of one arbitrator. The language of the arbitration shall be English. To the fullest extent permitted by applicable law, no arbitration under these Specific Terms shall be joined to an arbitration involving any other party subject to these Specific Terms, whether through class arbitration proceedings or otherwise.
If you are a consumer based in the European Union, the preceding paragraph on arbitration does not apply, and you may make a claim in a competent court of the country in which you reside.