TERMS OF
SERVICE

ABOUT GAWKBOX

GawkBox is a platform where users can send and receive money (“Tips”) through third-party payment processors or by engaging with sponsored content (“Ads”) from specific advertisers (“Sponsor”), collectively a Sponsored Tip. For the Sponsored Tip users can download an app, watch a video, or sign up for a free trial from a Sponsor, which will contribute a fixed financial amount to creators.

These are our Terms of Service (“Terms”, “Terms and Conditions”, “Terms of Use”) and apply to all users of the GawkBox website and mobile applications (the “Service”) operated by Discovry Inc (“us, “we”, “our”, “Discovry”). By using GawkBox you agree to these terms. You acknowledge that you have read and understood these terms. You also agree to our privacy policy and any other policies we post on GawkBox.

GawkBox is a platform. We are not responsible for the quality, timing or legality of content.

 

ACCOUNTS

To register for an account, you must be at least 13 years old. If you know a user is under the age of 13, please report them to us. You are responsible for anything that occurs when anyone is signed in to your account, as well as the security of the account. If you believe your account is compromised, you must contact us immediately.

By creating an account or registering with the Service, you agree to receive certain communications about the Service.

You can permanently disable your account at any time by sending an email to support@gawkbox.com. You can see in our privacy policy what information is deleted and what we continue to store after the account is disabled.

You may not use our service for any illegal or unauthorized purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

A breach or violation of any of the Terms will result in an immediate termination of your Services. We can terminate or suspend your account at any time at our discretion. We reserve the right to refuse service to anyone for any reason at any time.

These terms remain in effect after your account is disabled.

 

Third-Party Services

GawkBox may engage third-party service providers to perform services related to payment processing, including card processing, currency exchange, identity verification, fraud analysis and regulatory compliance. GawkBox may share your personal or transactional information with those third-party service providers when it's necessary to process payments. By using a third-party service, you may also be subject to an agreement with the third-party. For example, PayPal is a third-party service provided by PayPal Holdings, Inc. and is subject to the PayPal User Agreement

License Grants

Subject to these Terms of Use, We grant you a personal, revocable, non-exclusive and non-transferable license during the Term to access and use the Service in accordance with these Terms of Use. Content we create is protected by copyright, trademark and trade secret laws. Some examples of our content are the text on the site, our logo, and our codebase. You may not use, reproduce, distribute, perform, publicly display or prepare derivative works of our content unless we give you permission in writing. Please contact us if you have any questions.

Subject to these Terms of Use, you grant to Us a perpetual, transferrable, irrevocable, royalty-free, fully paid-up, worldwide and fully sublicensable license to access, collect, store and use any data, information, records and files that (1) you load, transmit to or enter into the Platform, or (2) we collect from your local computer system or from third-parties with your permission, and (in each case) including all results from processing such data, including compilations, and derivative works thereof solely for the purpose of: (A) providing and improving the Service, (B) complying with applicable law, and (C) Discovry’s reasonable audit and data retention policies.

Being Part of GawkBox

It is easy to support your chosen creator and be part of his or her GawkBox. There are three ways of supporting creators. One is watching a sponsored video on the creator’s GawkBox page. The second is downloading a free app, playing a free game or signing up for a free trial for a Sponsor’s service (each an “Action”) from the creator’s GawkBox page. The third is processing a direct donation via PayPal (a “Direct Donation”).

There is no purchase necessary to support a creator. If you choose a Sponsored Tip, the sponsor will pay Us for each Action that you take and we will share that payment with the creator. If you choose a Direct Donation, you can process a tip via PayPal.

While we attempt to screen for fraudulent creator pages, we cannot guarantee the identity of creators. We appreciate your help reporting suspicious creator pages so we can improve GawkBox.

All About Being a Creator

As a Creator, you must register with us and open an account. During the account registration process, you will be asked for certain information such as your name and other personal information. You may provide us with your login credentials for a variety of third party websites, applications and/or platforms such as YouTube or Twitch (“Third Party Platforms”). We will only use this information in accordance with our Privacy Policy.

The GawkBox payment cycle is monthly. You accrue estimated earnings over the course of a month. If your balance exceeds the payment threshold, you'll be issued a payment on or around the 30th of the month for the previous month. Note that the exact time you receive your payment will depend on which form of payment you select.

To protect Sponsors, we may block payments to creators if we believe the sponsor Actions to be fraudulent. When payments are delayed or blocked we try to communicate the reasons to you promptly.

We do not handle tax payments, but we collect tax identification information and report this to tax authorities as legally required. You are responsible for reporting and paying any taxes.

You may request that a sponsor be removed from your page at any time (“Blacklist”).

Sending Tips

We allow users to send tips through third-party payment processors. We reserve the right to add or remove support for third-party payment processors at any time. We reserve the right to impose limits on the number of transactions you can send through the Service or to decline transactions that we believe to be high risk, fraudulent, or in violation of Our Terms of Use. When sending tips, the recipient is not required to accept or acknowledge them. You agree that you will not hold us liable for any unclaimed or unacknowledged tips.

By sending a tip, you authorize us to charge each tip transaction in full. This charge is non-refundable, non exchangeable and cannot be withdrawn or charged back. You acknowledge that you are not receiving any goods or services in return for this tip.

The Tipper has the option to pay for the processing fee. By selecting the fee option, you authorize us to deduct any processing fees that are added to the transaction by the payment processor. If you decide not to pay the fee, the recipient pays the fees in full.

Collecting Tips

We reserve the right to collect a fee for tips received. Fees are subject to change without prior notification. It is your responsibility to stay up to date with Fees. When receiving tips, you will not be liable for chargebacks.

You agree to pay all fees for our payment processor services. Tippers have the option to pay your fee at the point of the tip transaction. If they decide not to pay the fees, you are responsible for the fees.

Transaction fees vary by withdrawal method. Exact fee information can be found in the Payment Configuration section of the Service.

GawkBox’s Role

We only provide a platform for fans to support creators. We do not screen or endorse any content on GawkBox. If you see content that violates these terms, let us know and we may take action and remove it.

Third-Party Websites

The Service may provide links to third party websites. We do not endorse the information contained on those web sites or guarantee their quality, accuracy, reliability, completeness, currency, timeliness, non-infringement, merchantability or fitness for any purpose. The content in any linked web site is not under Our control, and if you choose to access any such web site, you do so entirely at your own risk.

If signing up with your login credentials for YouTube, you agree to be bound by the YouTube Terms of Service which can be found here: https://www.youtube.com/t/terms

Viruses

You may not post content that infringes on others' intellectual property or proprietary rights.

If you believe your copyright-protected work was posted on GawkBox's platform without authorization, you may submit a copyright infringement notification. (Be sure to consider whether fair use, fair dealing, or a similar exception to copyright applies before you submit.) These requests should only be submitted by the copyright owner or an agent authorized to act on the owner’s behalf.

This notice should include the following information:

  • The electronic or physical signature of the copyright owner, or a person authorized to act on their behalf. 
  • A description of the copyrighted work that you claim has been infringed.
  • A description of the exact location on GawkBox of the content that you claim is infringing. (This description must allow us to find and identify the content.)
  • Your name, address, telephone number and email address.
  • A statement by you that: a) you believe in good faith that the use of the content that you claim to infringe your copyright is not authorized by law, the copyright owner, or the owner’s agent, b) all information contained in your copyright notice is accurate, and c) under penalty of perjury, you are either the copyright owner, or authorized to act on their behalf.

If we decide to remove or disable access to the material, we will notify the affected user(s) after removing or disabling access to the material, provide them with a full copy of the reporter’s complaint (including the provided contact information) along with instructions on how to file a counter-notice.

If you believe that the material in a copyright notification was misidentified or removed in error, you should file a counter-notice to have the content restored. That notice should include the following information:

  • Your electronic or physical signature.
  • Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled (the description from the copyright notice will suffice)
  • A statement under penalty of perjury that you believe in good faith that the content was removed by mistake or misidentification.
  • A statement that you consent to the jurisdiction of the U.S. Federal District Court for the judicial district in which you are located, and that you will accept service of process from the party that originally sent us the DMCA notice.

 

 

Please direct all written notices to legal@GawkBox.com

Indemnity

You will indemnify us from all losses and liabilities, including lawyer fees, that arise from these terms or relate to your use of GawkBox. We reserve the right to exclusive control over the defense of a claim covered by this clause. If we use this right, then you will help us in our defense. Your obligation to indemnify under this clause also applies to our affiliates, officers, directors, employees, agents and third party service providers.

Warranty Disclaimer

GawkBox is provided “as is” and without warranty of any kind. We expressly disclaim any and all express and implied warranties to the fullest extent permissible under applicable law. These include without limitation: any warranty of merchantability, use, fitness for a particular purpose, security, title and non-infringement, and any other warranty is excluded to the greatest extent permitted by law. The disclaimers of warranty under this clause also apply to our affiliates and third party service providers.

Limitation of Liability

To the extent permitted by law, we are not liable to you for any incidental, consequential or punitive damages arising out of these terms, or your use or attempted use of GawkBox. To the extent permitted by law, our liability for damages is limited to the amount of money we have earned through your use of GawkBox. We are specifically not liable for loss associated with failure to deliver rewards and from losses caused by conflicting contractual agreements.

For this clause “we” and “our” are defined to include our affiliates, officers, directors, employees, agents and third party service providers.

Dispute Resolution

We encourage you to contact us if you have an issue. Any dispute, claim or controversy arising out of or relating to your use of the Service will be determined by arbitration in Seattle, Washington. The arbitration will be administered by JAMS pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. Judgment on the award may be entered in any court having jurisdiction. This court will not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.

Waiver & Severability

Our failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provisions or right.

If for any reason any provision of these Terms is held to be invalid or unenforceable to any extent, then (A) the provision will be interpreted or reformed to the extent reasonably required to render the provision enforceable and consistent with the original intent underlying the provision; (B) the provision will remain in effect to the extent that it is not unenforceable; and (C) the unenforceability of the provision will not affect any other portion of these Terms.

Governing Law

These Terms shall be governed and construed in accordance with the laws of the State of Washington. Any disputes with us must be resolved in Seattle, under Washington law.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. Your continued access to or use of the Service after any changes to these Terms indicates your acceptance of such changes. It is your responsibility to review these Terms regularly.

Last updated 6/7/2017

Contact: legal@GawkBox.com