1. Introduction; About These Terms
2. Availability of Twitch DJ Program
5. Participating in Twitch Monetization Programs as a DJ
7. Modifications of these DJ Program Terms
8. Representations and Warranties
9. Terminating Your Participation in the Twitch DJ Program
The Twitch DJ Program gives you the opportunity to grow your audience by live streaming DJ performances on the Twitch Services (“DJ Program”). When you participate in the DJ Program, you can unlock access to a label-approved catalog of music that you can play in your live streamed Twitch DJ sets.
Please read these DJ Program Terms (“DJ Terms”) carefully, as this is a binding contract that governs the participation of any person or entity who opts-into the DJ Program (such person or entity, “you”, “your”, or “Participating DJ”) and their access to and use of the Twitch DJ Catalog (defined below). The DJ Program is operated by Twitch Interactive, Inc., and its affiliates (collectively, “we”, “us”, “our”, or “Twitch”). You may opt-in to the DJ Program by selecting the opt-in option on the Twitch website (“opt-in”, “opted-in”, or “opting-in”). By opting-in, you signify that you have read, understand, and agree to be bound by the DJ Terms in effect at the time you opt-in. If you do not agree to be bound by these DJ Terms, please do not opt-into the DJ Program.
Your participation in the DJ Program and your use of the Twitch Services are also governed by Twitch’s Terms of Service and other posted Twitch guidelines, rules, and policies (collectively, the “Terms of Service”), which are incorporated into these DJ Terms by reference. For the avoidance of doubt, Sections 19 (Disputes) and 20 (Miscellaneous) of the Terms of Service, including the sub-sections for Indemnification, Disclaimers; No Warranties, Limitation of Liability, Damages, Applicable Law and Venue, and Claims also apply to your participation in the DJ Program and your access to and use of the Twitch DJ Catalog. Additionally, if you have accepted either the Twitch Monetized Streamer Agreement or another agreement with Twitch that governs your participation in monetization programs offered by Twitch in connection with streaming on your Twitch Channel (collectively, “Monetization Agreement”), that agreement will continue to apply to you and is incorporated into these DJ Terms by this reference. In the event of a conflict between these DJ Terms and either the Terms of Service or the Monetization Agreement, these DJ Terms will control, then the Monetization Agreement, then the Terms of Service. All capitalized terms not defined in these DJ Terms have the respective meanings set forth in the Terms of Service or Monetization Agreement as applicable.
PLEASE READ THESE DJ PROGRAM TERMS, THE TERMS OF SERVICE, AND IF APPLICABLE THE MONETIZATION AGREEMENT CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THEY CONTAIN, AMONG OTHER THINGS, DISPUTE RESOLUTION PROVISIONS THAT INCLUDE AN AGREEMENT TO ARBITRATE WHICH REQUIRES, WITH LIMITED EXCEPTIONS, THAT ALL DISPUTES BETWEEN YOU AND TWITCH BE RESOLVED BY BINDING AND FINAL ARBITRATION.
Twitch will determine in its sole discretion from time to time the countries or geographic regions where the DJ Program and/or the Twitch DJ Catalog are currently available (these countries and geographic regions, the “Program Territory”). The DJ Program and/or the Twitch DJ Catalog may not be available to users in certain countries or geographic regions. In particular, they are not available to users in Belarus, China, Cuba, Iran, North Korea (Democratic People’s Republic of Korea), Russia, South Korea, and Syria. Twitch may, in its sole discretion, modify, or terminate the DJ Program and/or the Twitch DJ Catalog, in whole or in part, at any time and for any reason or no reason at all.
A. The “Twitch DJ Catalog” is the collection of information about music audio tracks (each, a “Catalog Track”) which are currently identified as being permissible for Participating DJs to live stream via their Twitch Channel. The Twitch DJ Catalog is updated on an ongoing basis and may include artist name, track title, and other identifying information for the Catalog Tracks.
B. By opting-into the DJ Program, you may gain access to the Twitch DJ Catalog. When you access the Twitch DJ Catalog, you are allowed by Twitch (on a limited, non-exclusive, non-transferable, non-sublicensable, revocable basis) to live stream your copies of the Catalog Tracks as part of a live audiovisual performance taking place on your Twitch Channel within the Program Territory. You may continue to be allowed to do so throughout the period that begins on the day you opt-into the DJ Program and continues through and until your participation in the program is either ended by you or Twitch, whichever is earlier (“Participation Period”), provided you comply with these DJ Terms, the Terms of Service, and the Monetization Agreement (if applicable).
C. As a reminder, you may not use music owned by others on the Twitch Services, unless and until you have opted-in to the DJ Program or have otherwise obtained all necessary rights from the applicable rights holders. The Twitch DJ Catalog is the intellectual property of Twitch and/or rights holders that have entered into contracts with Twitch. The Twitch DJ Catalog has not been sold, licensed, or transferred to you, or cleared for use outside the Twitch Services or the DJ Program Territory.
As a Participating DJ, you agree that you will at all times comply with the following:
A. Respect other creators.
a. Do not include any music not included in the Twitch DJ Catalog, unless you have obtained written permission from all of the applicable rights holders.
b. Do not use an artist’s name, image, or likeness, or any name or trademark owned or controlled by a record label or other music company, in a way that suggests the artist, label, or company endorses or promotes your Twitch Channel or any of your User Content without written permission from the applicable party.
c. Do not play music videos or other third-party audiovisual content without written permission from the applicable party.
d. Do not rebroadcast or simulcast concerts or similar live performances of artists, whether from venues or other services without written permission from the applicable party.
B. Be a performer, not a jukebox.
a. Do not publicly share setlists ahead of a DJ performance or live stream requests from the audience immediately after they are made.
b. Do not play a full album or substantially all of an album of Catalog Tracks in one live stream.
c. Do not play Catalog Tracks from only one artist in one live stream. This applies to Catalog Tracks regardless of whether an artist appears as a “featured artist”, meaning the artist is listed as the main performer of a Catalog Track, or as a “side artist”, meaning the artist is listed as a guest or additional performer on a Catalog Track.
C. Put on a live audiovisual show.
a. The DJ Program is for live streaming only.
i. Do not record or rebroadcast your DJ performances or the performances of other Participating DJs.
ii. Do not create or upload VODs, Clips, or any other recording containing Catalog Tracks using the Twitch Services.
b. The DJ Program is not for audio-only broadcasts.
i. Do not live stream music without an accompanying live, interactive audiovisual performance (i.e., no audio-only or automated broadcasts are permitted).
D. Follow the rules.
a. Check the Twitch DJ Catalog and live stream only Catalog Tracks currently listed. If a track is not specifically listed as a Catalog Track in the Twitch DJ Catalog, you are not permitted to use that track in connection with your DJ performances (unless you obtain written permission from the applicable rights holders). As music rights tend to evolve over time, we expect to both add music to and remove music from the Twitch DJ Catalog on an ongoing basis, so make sure to recheck the Twitch DJ Catalog on a regular basis, even for music that you previously confirmed was listed as permitted in the Twitch DJ Catalog.
b. Don’t include Branded Content in ways that violate the policies in Section 6 below.
c. Don’t circumvent, disrupt, or interfere with Twitch’s efforts to collect accurate information about what Catalog Tracks are live streamed by Participating DJs, or manipulate the Catalog Track live streams attributed to a single track or group of tracks in a deceptive, fraudulent, or abusive manner.
Comply with these DJ Terms, the Terms of Service, and, if applicable, the Monetization Agreement, at all times each as updated from time to time. Your failure to do so may subject you to account enforcement, enforcement under the Removal Process for Participating Music Rights Holders, and/or a notice of alleged copyright infringement from rights holders and their agents.
As provided in the Monetization Agreement, costs of providing the Twitch Services are subtracted from Net Revenue before your revenue share is calculated. A deduction for music rights costs (“Music Costs”) will apply throughout your Participation Period. If you are a participant in Twitch monetization programs (such as the Twitch Monetized Streamer Program) at the time you opt-into the DJ Program, the Music Costs deduction will begin to apply at 12 AM (UTC) the day after you opt-in. Likewise, if you are a participant in such a program at the time you opt-out from the DJ Program, the deduction will no longer apply at 12 AM (UTC) the day after you opt-out.
As a Participating DJ, you may only include Branded Content in the form of product placements, including physical signage and logos/overlays, and on-stream call outs in your streams. You may not include any other forms of Branded Content in your streams, unless specifically permitted by Twitch (including sponsorships arranged through Twitch). Channels owned or operated by corporations may not use the DJ program to feature DJs in promotions of brands, products, or services, unless specifically permitted by Twitch (including sponsorships arranged through Twitch)
Twitch may amend any of these DJ Terms by posting the amended terms and updating the “Last Updated” date above. Please check these DJ Terms periodically for those changes. Your continued participation in the DJ Program and use of the Twitch DJ Catalog after the effective date constitutes your acceptance of the amended terms.
For residents of the European Union or the European Economic Area, the United Kingdom, or Switzerland, who are acting as a consumer (i.e., for a purpose which can be regarded as being outside your trade, craft or profession) (“Consumer”), Twitch will provide reasonable prior notice of amendments to these DJ Terms. To the extent permitted by applicable law, not opting-out of your agreement to participate in the DJ Program under these DJ Terms before the effective date will be deemed your consent to the amended terms. Where required by applicable law, Twitch will ask for your consent to the amended terms.
You represent and warrant that (a) you are a person who resides in the Program Territory; (b) you have the full right, power, and authority to enter into these DJ Terms and perform the obligations required; (c) your acceptance of these DJ Terms and participation in the DJ Program will not violate any applicable laws or contractual obligations; and (d) you will participate in the DJ Program in accordance with these DJ Terms.
Your agreement to participate in the DJ Program is entirely voluntary. You may opt-out of the DJ Program and terminate these DJ Terms either by selecting the option in your dashboard to opt-out of the DJ Program (if that option is available) or by sending a message via the Customer Support portal to request opt-out (“opt-out” or “opting-out”). Twitch may impose limitations on how frequently opt-out can occur via the dashboard. Whether you may use your dashboard or need to contact Customer Support will be disclosed to you in your dashboard.
When you opt-out by selecting the option in your dashboard, opt-out takes effect immediately except with respect to the Music Costs deduction as provided in Section 5. When you contact Customer Support to request an opt-out, your opt-out will be effective either when your request is processed or seven (7) days from when you send your message to Customer Support, whichever is sooner (and in each case, except for Music Costs deduction as provided in Section 5).
In addition, we reserve the right to end your participation in this DJ Program and terminate these DJ Terms immediately upon reasonable prior written notice, with or without cause. For residents of the European Union or the European Economic Area, the United Kingdom, or Switzerland who are acting as a Consumer, except in the case where Twitch reasonably considers that giving notice is legally prohibited (for instance, when providing notice would either (i) violate applicable laws, regulations, or orders from regulatory authorities or (ii) compromise an ongoing investigation conducted by a regulatory authority) or that any notice may cause harm to you, third parties, Twitch, and/or its affiliates (for instance, when providing notice harms the security of the Twitch Services), Twitch will without delay notify you of the reason for its action.
Neither we nor you will be liable to each other for any damages resulting from termination of these DJ Terms. When you opt-out or are terminated from the DJ Program, you lose access to the Twitch DJ Catalog, you must cease use of any Catalog Tracks, and you may be subject to copyright strikes and/or account enforcement if you continue to stream DJ performances on the Twitch Services.