Upload
sgroovy
View
115
Download
1
Tags:
Embed Size (px)
DESCRIPTION
A Policy Primer for the web service, Twitch.Tv, for the Curtin University unit NET303. References: All about Twitch, (n.d.). Retrieved October 25, 2013, from http://www.twitch.tv/p/about All Games, [image]. Retrieved October 25, 2013, from http://www.twitch.tv/directory Beyond the Summit, [image]. Retrieved October 25, 2013, from http://www.twitch.tv/beyondthesummit Sign-Up, [image]. Retrieved October 25, 2013, from http://www.twitch.tv/ Introduction; Your Agreement to these Terms of Service, [quote]. Retrieved October 25, 2013, from http://www.twitch.tv/user/legal?page=terms_of_service Question Figure, (n.d.). Microsoft Word ClipArt. Retrieved October 30, 2013. Kunz, C., Del Duca, M., Thayer, H., & Debrow, J. (2001). Click-Through Agreements: Strategies for Avoiding Disputes on Validity of Assent. The Business Lawyer, 57(1). Retrieved from http://www.jstor.org/stable/40688063 Beyond the Summit, [image]. Retrieved October 30, 2013, from http://www.twitch.tv/beyondthesummit 2. Eligibility, (n.d.). Retrieved October 30, 2013, from http://www.twitch.tv/user/legal?page=terms_of_service Wolford, J. (2013, January 24). Facebook Still Has a Big Problem with Underage Users, and They Know It. WebProNews. Retrieved October 30, 2013, from http://www.webpronews.com/facebook-still-has-a-big-problem-with-underage-users-and-they-know-it-2013-01 4. License, (n.d.). Retrieved October 30, 2013, from http://www.twitch.tv/user/legal?page=terms_of_service 10. Broadcaster, (n.d.) Retrieved November 2, 2013 from http://www.twitch.tv/user/legal?page=terms_of_service 10(f) Broadcaster, Promotions (n.d.) Retrieved November 2, 2013 from http://www.twitch.tv/user/legal?page=terms_of_service 11. Third Party Content (n.d.). Retrieved November 3, 2013 from http://www.twitch.tv/user/legal?page=terms_of_service 13. Rights in User Content (n.d.). Retrieved November 3, 2013 from http://www.twitch.tv/user/legal?page=terms_of_service Privacy Policy (n.d.). Retrieved November 6, 2013 from http://www.twitch.tv/user/legal?page=privacy_policy#collect The Way Twitch Uses Information (n.d.). Retrieved November 6, 2013 from http://www.twitch.tv/user/legal?page=privacy_policy#collect When Twitch Discloses Information (n.d.). Retrieved November 9, 2013 from http://www.twitch.tv/user/legal?page=privacy_policy#collect Your Choices(n.d.). Retrieved November 6, 2013 from http://www.twitch.tv/user/legal?page=privacy_policy#collect Changes and Updates to this Privacy Policy (n.d.). Retrieved November 9, 2013 from http://www.twitch.tv/user/legal?page=privacy_policy#collect
Citation preview
Twitch TV Policy Primer
Stacia Grooby | Curtin University | NET303
A quick guide to important facts in Twitch.tv’s Terms of Service and Privacy Policy
TWITCH.TV
“Twitch is the world's leading video platform and community for gamers with
more than 44 million visitors
per month.” - (About, Twitch.tv 2013)
What is Twitch.tv?
- Screenshot: All Games, Twitch.tv 2013
TWITCH.TV Policy Primer
- Screenshot: Beyond the Summit, via Twitch.tv 2013
“We want to connect gamers around the world by allowing them to broadcast, watch,
and chat from everywhere they play” - (About, Twitch.tv 2013)
TWITCH.TV Policy Primer
- Screenshot: Signup - Twitch.tv 2013
And signing up is super easy!
1) Pick a username/display name
2) Pick a password
3) Put in your date of birth
3) Put in your e-mail address
4) Don’t forget to read the small print!
5) Finally click Sign up!
Wait! Did you remember to read the Terms of Service (ToS) and Privacy Policy??
If you said no, you aren’t alone. These days many people don’t read through ToS and Privacy Policies before signing up to an Internet service which means they don’t know exactly what they’re signing for, or away. Let’s break down just what a ToS and Privacy Policy is and what they cover for
Twitch.Tv …
TWITCH.TV Policy Primer
“The following Terms of Service for the Twitch Service is a legal contract between you … and Twitch regarding your use of the Twitch Service”
– Introduction; Your Agreement to these Terms of Service, 2013
TWITCH.TV Policy Primer
What does ‘Terms of Service’ mean for me?
By; • registering for• accessing,• browsing,• downloading from, OR,• using
the Twitch service, you acknowledge that you have;• read• understood, AND • agree
to be bound by these Terms of Service. – Introduction; Your Agreement to these Terms of Service, 2013
It’s important to remember that..
you are still bound by the Terms of Service just for browsing!
TWITCH.TV Policy Primer
This means even if you’re just taking a look at www.Twitch.tv …
But how would I know that?
Ignorance does not grant immunity from ToS, however it is the responsibility of the provider to adequately present, and make successfully aware, their ToS to users through proper placement, hyperlinks and text. Failure to do so can result in legal action.
- Kunz, Del Duca, Thayer, & Debrow, 2001
- Picture from Microsoft’s Windows Word Clipart
TWITCH.TV Policy Primer
Twitch.Tv makes its ToS available through;
The Sign Up process
The bottom of every webpage on Twitch.Tv
And whenever a user subscribes to a service/product of Twitch.Tv
- Screenshots from Twitch.Tv, 2013
Some people feel that websites need to go to further lengths..
TWITCH.TV Policy Primer
Do you feel Twitch.tv makes their ToS easily accessible?
If this was used by Twitch.Tv, then you wouldn’t be able to view any streams
without first agreeing to the ToS.
Assent Before Access to Governed Item: The User should not be able to gain access to or rights
in the website, software, information, property, or services governed by the proposed agreement without
first assenting to the terms of the agreement. The terms of the proposed agreement should be presented and
assented to before the User gets the "product" governed by the agreement
- Kunz, Del Duca, Thayer, & Debrow, 2001
Which would you
prefer?
- Quote cited from The Business Lawyer, Vol. 57, No. 1, ‘Click-Through Agreements: Strategies for Avoiding Disputes on Validity of Assent’ 2001
TWITCH.TV Policy Primer
Who is allowed to use Twitch.Tv?? Eligibility!
“The Twitch Service is not available to persons under the
age of 13 or to any users previously suspended or
removed from the Twitch Service by Twitch.”
But how does Twitch.Tv know whether someone using their service is of the correct age?
Couldn’t they just lie?
This means children, and people who have previously broken the
ToS agreement, may not use Twitch.TV.
”In addition, if you are between the ages of 13 and 18,… you
may only use the Twitch Service under the supervision of a parent or legal guardian who agrees to
be bound by these Terms of Service.”
So young teenagers 13 – 18 yrs old can use Twitch.Tv, as long as their parent/s or legal guardian/s
agree to the ToS…
- Quotes from 2. Eligibility, Terms of Service, 2013
TWITCH.TV Policy Primer
How does Twitch.Tv stop underaged users?
“Facebook does have a rule that users have to be over 13, as
does YouTube, which not a lot of people know. It is not because
we think that Facebook is unsafe but because of a US law about children’s online privacy. So we
have it as a global rule.” - Simon Milner, U.K. & Ireland Facebook
Policy Director (2013)
Ultimately, Twitch.Tv can’t stop underage users because people lie on the Internet!
One suggestion is to simply remove age restriction but provide parents
ways to control their children’s activity on the site. Still begs the
question; How do you stop users lying
about their age?
“It is increasingly difficult to know what to do. You
can’t make everyone prove their age – that would get privacy advocates up in
arms.”- Simon Milner, U.K. & Ireland
Facebook Policy Director (2013)
Many service providers struggle with this problem as the Children’s Online Privacy Protection Act (COPPA) details strict laws regarding children’s online privacy, thus encouraging providers to maintain age
restrictions.
- Quotes cited from WebProNews.com, ‘Facebook Still Has a Big Problem with Underage Users, and They Know It’ 2013
TWITCH.TV Policy Primer
“…you are granted a limited, non-sublicensable license to access and use the Twitch Service for your personal or internal business use only. Such license is subject to these Terms of Service and
does not include:.”• any resale or commercial use of the Twitch Service or the Materials therein;
• the distribution, public performance or public display of any Materials;
(except for Broadcaster Content by the Broadcaster – explained soon!)
• modifying or otherwise making any derivative uses of the Twitch Service or the Materials, or any
portion thereof;
• use of any data mining, robots or similar data gathering or extraction methods;
• downloading (other than the page caching) of any portion of the Twitch Service, the Materials or
any information contained therein;
• any use of the Twitch Service or the Materials other than for their intended purposes.
- Quote from 4. License, Terms of Service, 2013
How are you allowed to use Twitch.TvLicense!
So what they’re basically saying is…
TWITCH.TV Policy Primer
• You can not use the Twitch.Tv service as a product of your own business; you can’t charge people
to use it as it’s not yours.
• You can not send out copies or publicly show videos (live or not) from Twitch.Tv that isn’t content
that you yourself, as a broadcaster (someone who is streaming content), has created.
• You can not take any materials from Twitch.Tv and change it to make something new! So editing
photos, videos, computer code, etc.
• You can not use codes, scripts or programs to gather information from Twitch.Tv; its users and/or
materials.
• You can not download any of the material on the site unless given permission – no videos,
pictures, etc.
• You can not use Twitch.Tv for anything other than what it’s made to be used for!
How are you allowed to use Twitch.TvLicense!
TWITCH.TV Policy Primer
That’s a lot of can not’s, what about what you can do?
• If you have agreed to the ToS you can browse live and pre-recorded videos; • If you have agreed to the ToS AND signed up as a member you can have a
profile and engage in chat rooms; • If you have agreed to the ToS AND signed up as a member you can have a
channel and be a Broadcaster;
How are you allowed to use Twitch.TvLicense!
“Twitch allows certain users (“Broadcaster”) to distribute streaming live and pre-recorded videos of video
game related activities”So what are the ToS rules that apply to being a Broadcaster?
- Quote from 4.License, Terms of Service, 2013
TWITCH.TV Policy Primer
This section covers;• That all content is owned by you, or if not, that you have full permission to
broadcast such content from the appropriate sources;• That your content does not break any ToS agreements, infringes on anyone’s rights
(topics such as copyright and privacy are very important!), and/or misleads users;• That your content does not contain slander, abuse, and/or defamation of any other
person;• That your content does not contain viruses, adware, or any malicious coding;• AND, That unless specifically authorised your content does not contain any pre-
release, non-public beta software/game content, and/or confidential information of Twitch or third parties.
What does being a Broadcaster mean on Twitch.Tv
Broadcaster!
“…Twitch hereby grants to you a personal, limited, non-exclusive, non-transferable, freely revocable license to use the Twitch Service for the
uploading and distributing of authorized digital content, including videos (“ Broadcaster Content ”).”
- Quotes from 10. Broadcaster, Terms of Service, 2013
“Twitch reserves all rights and remedies against any Broadcasters who breach these representations and
warranties.”
TWITCH.TV Policy Primer
Broadcasters can also run promotions! Competitions for their followers/fans. But there are rules to follow. Most broadcasters are unaware of these rules, specifically the following;
What does being a Broadcaster mean on Twitch.Tv
Broadcaster!
- Referenced from 10(f) Broadcaster, Promotions, Terms of Service, 2013
• Your Promotion may only be open to residents of the fifty (50) United States
(including Washington D.C.);
• Entrants must be 18 or older, or the age of majority under applicable law;
• Your Promotion must have a set of Official Rules that contain all details, disclosures
and other information required by applicable law and that otherwise comply with
law;
• There are a number of laws and requirements associated with promotions, so ask
an expert if you have questions or concerns.
TWITCH.TV Policy Primer
What does being a Broadcaster mean on Twitch.Tv
Broadcaster!
Twitch.Tv is a global service! Many broadcasters come from differing countries; including Australia.
Beyond the ToS there are no notices of the regional restrictions for conducting promotions.
Running Giveaway Promotions is very common for Twitch broadcasters to increase
their viewer following.
Here is an example of a typical broadcaster promotion. This particular one is run by an
Australian broadcaster.
While Twitch.Tv states it will remove promotions that do not comply, basic promotions such as the one above continue unhindered amongst most broadcasters.
- www.twitch.tv/dotascene
TWITCH.TV Policy Primer
Third-Party Content relates to advertising content that is displayed through Twitch.Tv, via user channels and Twitch.Tv promotional pages.
What other content is shown through Twitch.Tv
Third Party Content
“In addition to the Broadcaster Content, Twitch may provide other third party content on the Twitch Services and may provide links to Web pages and content of third parties (collectively the “ Third-Party Content ”) as a service to those
interested in this information.”
- Quotes from 11. Third Party Content, Terms of Service, 2013
“Twitch does not control, endorse or adopt any Third-Party Content and makes no representation or warranties of any kind regarding the Third-Party Content,
including without limitation regarding its accuracy or completeness.”
“Twitch does not endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites.”
Despite offering Third-Party Content on a regular basis, Twitch.Tv offers no security or warranties about said content. There is no list of third party providers and should a user
click on a link, interact with a third-party, conduct business with a third-party, etc. Twitch.Tv maintains no responsibility for any outcomes following, positive or negative.
“Users use such Third-Party Content contained therein at their own risk.”
TWITCH.TV Policy Primer
How does Twitch.Tv treat your content? Rights in User Content
“you or other users may create, post or store content, messages, materials, data, information, text, music, sound, photos, video,
graphics, applications, code or other items or materials on the Twitch Services (“ User Content ” and collectively with Broadcaster Content,
“ Content ”).”
- Quotes from 13. Rights in User Content, Terms of Service, 2013
“Twitch takes no responsibility and assumes no liability for any Content posted, stored or uploaded by you or any third party, or for any loss or
damage thereto, nor is Twitch liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or
profanity you may encounter. Your use of the Twitch Service is at your own risk.”“If you submit or post User Content to the Twitch Service you grant
Twitch a worldwide, nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content in any form, format, media or media channels now known or hereafter developed or discovered. You grant Twitch and our sublicensees the right to use the name that you submit in connection
with such content, if we or they choose.”
TWITCH.TV Policy Primer
How does Twitch.Tv treat your content? Rights in User Content
Examples of User Content are videos you may broadcast, information and/or images you have submitted to the user profile section of your channel, and
anything submitted through the private messaging system on Twitch.Tv
While Twitch.Tv will take no responsibility for any circumstances that may occur from the uploading of user content to their site, they do take full rights to use that material in any way they wish, whenever they wish. These rights do not
require them to notify you of the use of your content.
Twitch.Tv =All the benefits, none of the risk
The User =“Your use of the Twitch Service is at your own
risk” - Quotes from 13. Rights in User Content, Terms of Service, 2013
TWITCH.TV Policy Primer
“All Materials contained on the Twitch Service are the
proprietary property of Twitch or its subsidiaries or affiliated
companies and/or third-party licensors.”
DON’TTOUCH
OURSTUFF!
This means that everything you see on Twitch.tv from its graphics and
text, to computer codes and sounds, are owned by Twitch.Tv, or
subsidiaries, or affiliated companies, and/or third-party licensors…..
Phew… that’s a lot of different people
that could own the materials…
”All trademarks, service marks, and trade names are proprietary to Twitch or its affiliates and/or
third-party licensors. Twitch reserves all rights not expressly
granted in these Terms of Service.”
- Quotes from 4. License, Terms of Service, 2013
Twitch.Tv has full rights over everything on their
site
…even if it was yours to begin with..
If Twitch.Tv has full rights over everything on their site;
What does that mean for your personal information?
TWITCH.TV Policy Primer
- Quote from All about Twitch, Privacy Policy, 2013
Privacy Policy“This Privacy Policy applies to Twitch’s
collection and use of your personal information (i.e., information that identifies a specific person, such as full name or email
address). It also describes generally Twitch’s practices for handling non-personal information (for example, interests, demographics and services usage).”
TWITCH.TV Policy Primer
The Information Twitch Collects
• User-provided information: Includes information such as; name, e-mail address,
postal mailing address, home/mobile telephone number, and credit card number.
• “Cookies” Information: Accessing the Twitch service allows Twitch.Tv to send one
or more cookies; session cookies that disappear after you close your browser, and
persistent cookies which remain and may be used by your browser on subsequent
visits to the Twitch service.
TWITCH.TV Policy Primer
The Information Twitch Collects
• “Automatically Collected” Information: Accessing the Twitch service or opening an
e-mail from Twitch.Tv allows them to collect information such as IP address, version
of software install, system type, dates and time you use the Twitch service, etc.
• Information from Other Sources: Twitch may obtain information, including
personally identifiable information, from third parties and sources other than the
Twitch Service, such as advertisers or social media networks for which you have
approved their access to information, e.g. Facebook.
TWITCH.TV Policy Primer
“Twitch uses the information that you provide or that we collect
from you: to operate, maintain, enhance, and provide all of the features and services found on
the Twitch Service…”
However the important question is;
Does Twitch.Tv disclose your personal information?
E-mail addresses are used for administrative purposes, allowing Twitch.Tv to contact you, as well as promotional material and notifications; such as when your favourite broadcasters are
live.
“Automatically Collected” information and “Cookie” information are often used to create
customised advertising from third-parties.
“Twitch uses all of the information that we collect to
understand the usage trends and preferences of our Users, to improve the way the Twitch
Service works and looks, and to create new features and
functionality.”
- The way Twitch Uses Information, Privacy Policy, 2013
What Twitch.Tv does with your information
TWITCH.TV Policy Primer
“Twitch is not in the business of sharing your personally identifiable information with other organizations for their marketing or promotional uses without your prior express
consent”
- When Twitch Discloses Information, Privacy Policy, 2013
What Twitch.Tv does with your information
The only times that Twitch.Tv concedes it may share personal information is when required to by law, or when Twitch believes, in good faith, they are required to
protect themselves against liability. Such as if someone was using their Twitch.Tv service for fraudulent activity.
Twitch.Tv does warn that any information the user chooses to place publicly, such as on a profile or during a broadcast, could be collected and used by others without
restriction.
TWITCH.TV Policy Primer
“This Privacy Policy may be revised periodically without further notice to you and this will be reflected by a “last modified” date below. Please revisit this page to stay aware of any changes.”
- Your Choices, & Changes and Updates to this Privacy Policy, Privacy Policy, , 2013
Changes to Twitch.Tv’s Privacy Policy
Should any future changes to Twitch.Tv’s privacy policy, change how they handle personal information that has been provided to them, Twitch.Tv will make
reasonable efforts to notify the users and obtain consent before implementing revisions.
Twitch.Tv does provide contact information for users seeking more information about the Tos, Privacy Policy, personal information and third-party disclosure
practices.
“You may, of course, decline to share your personally-identifiable information with Twitch, in which case Twitch will not be able to
provide to you some of the features and functionality found on the Twitch Service”
TWITCH.TV Policy Primer
So remember…
• Always read and regularly check the ToS and Privacy Policy of any website/service;
• That any information you place on a website or through a web service may be owned and used by that website in various ways;
• If you don’t agree with any of the ToS and Privacy Policy rules then make sure you do not use that site/service;
• Remember: It’s YOUR information – stay informed and stay in control.
TWITCH.TV Policy Primer
References
All about Twitch, (n.d.). Retrieved October 25, 2013, from http://
www.twitch.tv/p/about
All Games, [image]. Retrieved October 25, 2013, from http://
www.twitch.tv/directory
Beyond the Summit, [image]. Retrieved October 25, 2013, from http://
www.twitch.tv/beyondthesummit
Sign-Up, [image]. Retrieved October 25, 2013, from http://www.twitch.tv/
Introduction; Your Agreement to these Terms of Service, [quote]. Retrieved
October 25, 2013, from http://
www.twitch.tv/user/legal?page=terms_of_service
TWITCH.TV Policy Primer
References
Question Figure, (n.d.). Microsoft Word ClipArt. Retrieved October 30, 2013.
Kunz, C., Del Duca, M., Thayer, H., & Debrow, J. (2001). Click-Through
Agreements: Strategies for Avoiding Disputes on Validity of Assent. The Business
Lawyer, 57(1). Retrieved from http://www.jstor.org/stable/40688063
Beyond the Summit, [image]. Retrieved October 30, 2013, from http://
www.twitch.tv/beyondthesummit
2. Eligibility, (n.d.). Retrieved October 30, 2013, from
http://www.twitch.tv/user/legal?page=terms_of_service
TWITCH.TV Policy Primer
References
Wolford, J. (2013, January 24). Facebook Still Has a Big Problem with Underage
Users, and They Know It. WebProNews. Retrieved October 30, 2013, from
http://
www.webpronews.com/facebook-still-has-a-big-problem-with-und
erage-users-and-they-know-it-2013-01
4. License, (n.d.). Retrieved October 30, 2013, from http://
www.twitch.tv/user/legal?page=terms_of_service
10. Broadcaster, (n.d.) Retrieved November 2, 2013 from
http://www.twitch.tv/user/legal?page=terms_of_service
10(f) Broadcaster, Promotions (n.d.) Retrieved November 2, 2013 from
http://www.twitch.tv/user/legal?page=terms_of_service
TWITCH.TV Policy Primer
References
11. Third Party Content (n.d.). Retrieved November 3, 2013 from http://
www.twitch.tv/user/legal?page=terms_of_service
13. Rights in User Content (n.d.). Retrieved November 3, 2013 from http://
www.twitch.tv/user/legal?page=terms_of_service
Privacy Policy (n.d.). Retrieved November 6, 2013 from http://
www.twitch.tv/user/legal?page=privacy_policy#collect
The Way Twitch Uses Information (n.d.). Retrieved November 6, 2013 from
http://www.twitch.tv/user/legal?page=privacy_policy#collect
When Twitch Discloses Information (n.d.). Retrieved November 9, 2013 from
http://www.twitch.tv/user/legal?page=privacy_policy#collect
TWITCH.TV Policy Primer
References
Your Choices(n.d.). Retrieved November 6, 2013 from
http://www.twitch.tv/user/legal?page=privacy_policy#collect
Changes and Updates to this Privacy Policy (n.d.). Retrieved November 9, 2013
from http://www.twitch.tv/user/legal?page=privacy_policy#collect