The following are the terms and conditions applicable to your Twitch Gift Cards (“Gift Cards”) and your Twitch Gift Card Balance (“Gift Card Balance”). Your use of Twitch Gift Cards and Twitch Gift Card Balance is also governed by the Twitch Terms of Service (“Terms of Service”), which are incorporated herein by reference; in case of conflicts, the provisions of these terms and conditions shall prevail.
Gift Cards; Gift Card Balance; Redemption.
Gift Cards are issued by Twitch Interactive Inc., a Delaware corporation. The value underlying your Gift Card is automatically added to your Gift Card Balance that can be managed through your Twitch Wallet when you redeem your Gift Card.
To redeem a Gift Card you must visit twitch.tv and enter the code on the back of the Gift Card. Internet access is required (separate fees may apply). After you enter the code on the back of the Gift Card, the full value associated with the Gift Card will be added to your Gift Card balance, which can be managed through your Twitch Wallet. Your Gift Card Balance displays the total remaining balance that has been added to your Twitch Wallet but not yet applied to a purchase. To view your Gift Card Balance, log into your account and go to your account dropdown menu. You must have a valid Twitch account to redeem a Gift Card. Purchases are deducted from your Gift Card Balance. If a purchase exceeds your Gift Card Balance, the remaining amount must be paid with another payment method.
Gift Cards may only be redeemed toward the purchase of eligible goods and services provided by twitch.tv and its affiliates on www.twitch.tv, or certain of its affiliated properties. Eligible goods and services are subject to change in our sole discretion. Redemption of Gift Cards at any affiliated property is subject to change in our sole discretion.
Limitations.
Your Gift Card Balance cannot be used to purchase other Gift Cards, prepaid open loop cards, or certain third-party gift cards. Gift Cards cannot be reloaded; resold; used for payment outside of www.twitch.tv or its affiliated properties; used for unauthorized advertising, marketing, sweepstakes, promotional or commercial purposes; redeemed for more than face value; transferred for value; redeemed for cash; returned for a cash refund (except to the extent required by law); or used in a manner otherwise prohibited by Twitch. No portion of your Gift Card Balance may be transferred to another person, Twitch Wallet, or Twitch account. Gift Cards may only be redeemed by persons age 13 and up.
Risk of Loss.
The risk of loss and title for Gift Cards pass to the purchaser upon our electronic transmission of the Gift Card to the purchaser or designated recipient, or our delivery to the carrier, whichever is applicable. Gift Cards may be obtained from Twitch or an authorized third party, you are responsible for safeguarding your Gift Card and your Gift Card Balance from unauthorized use. Treat your Gift Card and your Gift Card Balance like cash. We are not responsible if any Gift Card is lost, stolen, or destroyed, or if your Gift Card Balance or any Gift Card is used without your permission. There are a variety of gift card scams that request payment by gift card. Twitch is not responsible for, and assumes no liability to you for, any unlawful conduct or fraud by any third party associated with any Gift Card.
Use of Gift Card Balance or any Gift Card in Violation of these Terms.
By using a Gift Card you agree to comply with these terms and conditions and the Twitch Terms of Sale, and not to use a Gift Card or your Gift Card Balance in any manner that is misleading, deceptive, unfair, or otherwise harmful to Twitch, its affiliates, or its customers. We reserve the right, upon notice to you, to void Gift Cards (including as a component of your Gift Card Balance) without a refund, suspend or terminate customer accounts, suspend or terminate the ability to use our services, cancel or limit orders, and bill alternative forms of payment if we have objective reason to believe that a Gift Card is obtained, used, or applied to a Twitch account (or your Gift Card Balance is applied to a purchase) fraudulently, unlawfully, or otherwise in violation of these terms and conditions if and to the extend such measure(s) are required to stop or prevent the misuse of the Gift Card in question or its consequences.
Limitation of Liability.
TO THE FULL EXTENT PERMISSIBLE BY LAW, WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO GIFT CARDS (INCLUDING AS A COMPONENT OF YOUR GIFT CARD), INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TO THE FULL EXTENT PERMISSIBLE BY LAW, IN THE EVENT A GIFT CARD IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, WILL BE THE REPLACEMENT OF THAT GIFT CARD.
If you habitually reside in the European Union (EU) and are acting as a consumer within the scope of Council Directive 93/13/EEC, i.e., for purposes which are outside your trade, business or profession, the following shall replace the foregoing limitation on liability:
(i) Nothing in these terms and conditions shall have the effect of excluding or limiting Twitch’s legal liability under applicable law in the event of (i) death or personal injury resulting from an act or omission of Twitch, (ii) fraudulent misrepresentation or fraudulent concealment of defects of the Gift Card as sold and/or redeemed by Twitch, (iii) loss and futile expenses caused by willful intent or gross negligence of Twitch, (iv) a breach of a contractual guarantee as to the quality of the Gift Card granted by Twitch or (v) other cases where liability cannot be excluded or limited by agreement between the parties in advance (such as under applicable product liability laws). Subject to the foregoing sentence only,
(ii) The above limitations to liability apply accordingly to the liability of our employees, executive officers, legal representatives and vicarious agents.
(iii) In addition to the limitation of liability set out in the foregoing subsections (i) and (ii), if permitted under the consumer laws applying in the EU country where you habitually reside and except for the cases set out in the first sentence of the foregoing subsection (i), the liability of Twitch, our employees, executive officers, legal representatives and vicarious agents for damages and futile expenses you may suffer in connection with a Gift Card, a purchase, or the Twitch Service caused by Twitch with slight negligence only shall be limited to the purchase price you paid for such Gift Card, purchase, or Twitch Service.
Disputes.
Any dispute or claim relating in any way to Gift Cards or your Gift Card Balance will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The U.S. Federal Arbitration Act and U.S. federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these terms and conditions as a court would. You and Twitch agree that you will notify each other in writing of any dispute within thirty (30) days of when it arises. Notice to Twitch shall be sent to Twitch Interactive, Inc., Attn: Legal, 350 Bush Street, 2nd Floor, San Francisco, CA 94104. You and Twitch further agree: to attempt informal resolution prior to any demand for arbitration; that any arbitration will occur in Santa Clara County, California; that arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of JAMS; and that the state or federal courts in Santa Clara County, California have exclusive jurisdiction over any appeals of an arbitration award and over any suit between the parties not subject to arbitration. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court. Any dispute between the parties will be governed by these terms and conditions and the laws of the State of California and applicable United States law, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction. Whether the dispute is heard in arbitration or in court, you and Twitch will not commence against the other a class action, class arbitration or other representative action or proceeding. You and Twitch agree that you or Twitch may bring suit in court for disputes in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents.
If you habitually reside in the European Union and are acting as a consumer within the scope of Regulation (EC) No. 593/2008, i.e., for a purpose which can be regarded as being outside your trade or profession, the foregoing choice of governing law will not have the result of depriving you of the protection afforded to you by provisions that cannot be derogated from by agreement by virtue of the laws applicable where you habitually reside.
If you are domiciled in the European Union and acting as a consumer within the scope of Regulation (EU) No. 1215/2012, i.e., for a purpose which can be regarded as being outside your trade or profession, the foregoing arbitration clause and choice of venue does not apply to you. In that case, you may bring proceedings against Twitch either in the courts for the place at Twitch’s seat or in the courts for the place where you are domiciled, and proceedings may be brought against you by Twitch only in the courts of the European Union Member State in which you are domiciled.
General Terms.
Twitch reserves the right to require additional verification of your identity, Gift Card or account ownership, or an additional payment instrument, before you are able to apply a Gift Card to your Twitch Wallet or your Gift Card Balance to a purchase. Gift Cards and the value underlying Gift Cards do not expire. There are no fees associated with Gift Cards. We reserve the right to change these terms and conditions without notice, from time to time at our sole discretion. All terms and conditions are applicable to the extent permitted by law. If any of these terms and conditions are deemed invalid, void, or for any reason unenforceable, that unenforceable term will be deemed severable and will not affect the validity and enforceability of any remaining terms and conditions.