BoutThat TERMS AND CONDITIONS
SECTION ONE - GENERAL INFORMATION
1.1 Terms and Conditions Binding
These BoutThat Terms and Conditions and all other obligations and rules detailed in writing in the App (collectively, the "Terms and Conditions") are between 1-800-N0TH1NG (each, "the App," "1-800-N0TH1NG", "us," or "we") and everyone who uses the App (each, "you," "user," or "player"). By using the App, creating an account, or participating in any competition or service offered in the App, you accept and agree to be bound by all terms, conditions and notices contained or referenced in the App, including the most current version of the Terms and Conditions. We may modify the Terms and Conditions at any time. Your continued use of the App following such modifications signifies your acceptance of those modifications. You are responsible for reviewing these Terms and Conditions periodically for any modifications.
1.2 Entire Agreement
If any portion of the 1-800-N0TH1NG Policies is deemed void or unenforceable by a court of competent jurisdiction, then that provision shall be interpreted in a manner consistent with applicable law to reflect, as closely as possible, the original intention of 1-800-N0TH1NG, and the remaining portions shall remain in full force and effect.
SECTION TWO - ELIGIBILITY AND OTHER OBLIGATIONS
2.1.1 United States. To be eligible to register and open an account and/or participate in any competition offered in the App, you affirm that you: (a) are a person at least 17 years of age; and (b) the information you provide in creating your account is accurate and complete.
2.1.2 Non-U.S. To be eligible to register and open an account, you affirm that you: (a) are a person at least 17 years of age; and (b) the information you provide in creating your account is accurate and complete.
VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
2.2 Location of Users
You are subject to all laws of the city, state, province and country in which you reside and from which you access the App. You are solely responsible for complying with those laws. You agree that 1-800-N0TH1NG cannot be held liable if laws applicable to you restrict or prohibit your use of or participation with the App. 1-800-N0TH1NG makes no representations or warranties, express or implied, as to the lawfulness of your accessing the App or participating in any competition offered in the App. No person affiliated, or claiming affiliation, with the App has authority to make any such representations or warranties.
2.3 Recommended Devices 1-800-N0TH1NG recommends a minimum iOS 9+ on Apple devices and at least 1 GB RAM availability.
SECTION 3 – LIVE STREAM CONTENT
3.1Definition of Live Stream Content
This App allows users to challenge one another to defend various topics via the use of live streaming video. Users can participate in the challenges and/or watch challenges between other users. Live streaming means that users are participating in or watching challenges simultaneously or almost simultaneously as they are occurring.
3.2Your Live Stream
The App allows you to live stream your own position on various topics. You are solely responsible for your live stream and any consequences that may arise from your live stream. You represent and warrant that you own and have all necessary rights to live stream in the App. You retain all ownership in your live stream content. By participating in any challenge in the App you grant 1-800-N0TH1NG the worldwide, non-exclusive, royalty-free, sublicenseable right to use, reproduce, distribute and display your live stream in connection with the App. You also grant all other users of the App a non-exclusive license to access your live stream for viewing and responding purposes only. You represent and warrant that your live stream will not: (i) contain materials owned by third parties unless you have permission from those third parties to use their materials in your live stream within the App; and (ii) violate any laws, ordinances or regulations.
3.3Other User’s Live Stream
The App allows you to view and respond to other user’s live stream. Each user retains ownership of their live stream in the App. The only right you have, as it relates to other user’s live stream, is to view and/or respond to that live stream within the App. You may not use other user’s live stream for any other purpose and have no right to copy, reproduce or distribute their live stream. 1-800-N0TH1NG is not responsible for enforcing any rights users may have with respect to use of their live stream by other App users. If you have a dispute with another App user, contact the user. Do not contact 1-800-N0TH1NG.
3.4 Live Stream Guidelines
In addition to the Community Guidelines set forth in the 1-800-N0TH1NG Terms of Services, you agree to adhere to the App Live Stream Guidelines. Specifically, you agree to not submit or share live streams that: (i) violates or infringes a third party’s rights; (ii) are violent, graphic or shocking; (iii) are sexual in nature; (iv) are hateful or promote violence; (v) are illegal; or (vi) are harmful or dangerous or promotes activities that may be harmful or dangerous to others.
3.51-800-N0TH1NG Disclaimer of Live Stream Content
You understand that when you use this App you will be exposed to live streams from other users. 1-800-N0TH1NG is not responsible for the accuracy, usefulness, safety or any rights relating to any user’s live stream. Live streams may be inaccurate, offensive, indecent or objectionable. You waive any legal rights or remedies you have against 1-800-N0TH1NG with respect to any live stream content. 1-800-N0TH1NG does not endorse any opinion, recommendation or advice expressed by any user of the App and 1-800-N0TH1NG expressly disclaims any and all liability in connection with the live stream content.
You agree to defend, indemnify and hold harmless 1-800-N0TH1NG its parents and affiliates and their officers, directors, employees and agents, from and against any third party claims, damages, losses and causes of action arising as a result of your live streaming and your failure to comply with the Live Stream Guidelines. 1-800-N0TH1NG cannot instantly review all live streams, however, 1-800-N0TH1NG will moderate live streams within the App and will rely on App users to moderate live streams they believe to be in violation of 1-800-N0TH1NG Policies. 1-800-N0TH1NG may delete or disable any live stream from the App, for any reason. 1-800-N0TH1NG does not guarantee the accuracy, integrity or quality of any live streams.
SECTION 4 – ACCOUNT REGISTRATION & MANAGEMENT
4.1Account Login and Registration
Users will sign up and login to the App using their Twitter account. Basic profile information from a user’s Twitter profile, such as a user’s Twitter handle and profile picture will be used to create their in App profile. User’s profiles page will contain basic information about the User including user name, profile picture and App stats.
4.2 Limitations on Number of Accounts
Players may establish one account per person using their Twitter account. Multiple accounts may not be created sharing the same email address or Twitter account. 1-800-N0TH1NG reserves the right to monitor all activities in the App, including any effort to establish multiple accounts. In the event 1-800-N0TH1NG discovers that you violated the number of accounts allowed, all additional accounts will be closed without notice and continued violation may result in the termination of any and all of your accounts and 1-800-N0TH1NG may void any associated winnings to any or all of the account(s). 1-800-N0TH1NG further reserves the right to deny access to anyone, including, but not limited to, those players who use proxy servers and/or IP addresses residing in certain geographical areas.
4.3 Fraud and Abuse
Fraud and abuse relating to the access and use of the App is strictly prohibited. In accessing the App or participating in any activities, products or services offered by or through the App, you represent and warrant that: (a) all information you supply is complete and accurate and not in violation of any applicable laws, regulations or these Terms and Conditions; and (b) you will not circumvent or attempt to circumvent any provision of the Terms and Conditions or engage in any activity that interrupts or attempts to interrupt the operation of the App. Users engaging, participating or displaying behavior that may be interpreted, in 1-800-N0TH1NG's sole and absolute discretion, as the use of unfair methods in the App, including but not limited to, using more than one Twitter account to create multiple accounts for the App, the use of unauthorized or altered software or hardware to assist play (including the use of bots, bot nets, jail broken devices or rooted devices, collusion with bots and/or use of cheat programs such as debuggers, clock-skewing software and memory scanners), collusion with other players, harassment of other participants, posting of objectionable material, any breach of the Terms and Conditions, any breach of the security of your account or the App, or any other act (whether through the use of automated technology or otherwise) that unfairly alters your chance of winning or constitutes the commission of fraud (collectively, "Abuse"), may subject you to immediate sanction (as determined by 1-800-N0TH1NG in its sole and absolute discretion), including without limitation: (1) immediate termination of your account and blocking of the App access; (2) forfeiture of any in App purchases that you may otherwise have been entitled to receive; and (3) in the case suspected illegal activity, disclosure to the FBI or other relevant agencies in accordance with federal and state laws. Without limiting any provision of the Terms and Conditions, 1-800-N0TH1NG expressly reserves the right to institute or seek any injunctive relief, civil and/or criminal proceedings against you and/or any of your co-conspirators arising out of or related to your commission of Abuse, including the right to recover fees and expenses (including attorneys' fees) and the right report you and such Abuse to any and all relevant regulatory authorities or governmental agencies.
You may cancel your account at any time. If you do not agree to the terms of the 1-800-N0TH1NG Policies, your sole remedy is to not use the App and to cancel your account. You understand and agree that the cancellation of your account is your sole right and remedy with respect to any disputes with 1-800-N0TH1NG, including but not limited to disputes arising out of: (i) any provisions of the 1-800-N0TH1NG Policies or 1-800-N0TH1NG’s enforcement or application of the 1-800-N0TH1NG Policies; (ii) any changes to the App; (iii) your ability to access the App; or (iv) the amount or type of fees, taxes, billing methods for the App.
To initiate cancellation of your account visit help at BoutThat.net. 1-800-N0TH1NG Support can cancel your account upon request. Cancellation may take up to ten (10) business days. You may be required to submit a ticket requesting your cancellation. 1-800-N0TH1NG reserves the right to collect fees or costs incurred by you before you cancel your account. Any delinquent or unpaid fees and other unresolved issues with 1-800-N0TH1NG must be settled before you establish a new account.
1-800-N0TH1NG may cancel your account at any time, in its sole discretion, for any reasons set forth in the 1-800-N0TH1NG Policies.
SECTION FIVE – App Gameplay
5.1 BoutThat Basics
Each Bout begins when a player challenges another player to a Bout. Once the players are connected, the Bout will be visible to all audience members. Audience members award points to Bout participants based upon their performance and the content of their Bouts. Players continuing to participate gain currency as both participants and audience members.
In App currency may be earned and received. Tips are received from audience members. Points are earned by watching an entire Bout.
5.3 Searching, Joining and Creating Bouts
Bouts are sorted by category / #tag and title. Users may join Bouts as a participant or as an audience member. To create a Bout, a user must have enough currency to set a bounty. The bounty is the amount of currency the winning participant receives for winning the Bout. Once a bounty is set a user can invite another player to join or wait for another player to join their Bout. After setting a bounty the user sets a title by selecting a tag from Twitter’s trending topics or by choosing and entering their own #tag. A Bout will not begin until there are two participants and at least one audience member.
Upon finding a Bout of interest, a user can either “Challenge the Speaker” hosting the Bout or “Take a Seat” as an audience member. If a User Challenges the Speaker they must have the required bounty. The bounty acts as their entry fee. If a User does not have the required bounty, they cannot Challenge the Speaker. If the user decide to Take a Seat, they do not need to pay any form of currency or bounty. User choosing to Take a Seat, may give tips to participants in the Bout. Until a Bout begins, a User cannot acquire, and an audience member cannot give any tips.
5.4 Challenge Requirements, Game Time and Tags
A User can issue a challenge to a Bout to their Twitter friends or to other App users. If a User challenges a Twitter friend, the Bout is a Closed Challenge and other users can only join as audience member. Or, a User can initiate an Open Challenge to any other App user with enough currency to meet the bounty set by the initiating User.
Bouts will generally last between 1.5 to 2 minutes. Any time elapsing prior to the Bout challenge and commencement does not count toward a Bouts maximum game time. Bouts have a free for all organization whereby Users are able to speak at any time.
Bout topics will utilize Twitter’s top trending hashtags. When a User creates a Bout, they have two options: They can select a tag from Twitter’s trending topics that will display in the App in a pre-populated list or a User can enter their own tag. User entering their own tag will be limited to 12 characters within the tag. All tags will be organized in a general list view that can be sorted in a variety of different ways by Users with the most densely populated rooms displayed first and rooms with high bounties displayed after.
There are two type of BoutThat users. Audience Members are viewers in the App that interact with other users by commenting, tipping and liking Speakers. Speakers are the users live streaming their Bout. In any given Bout, Audience Members are unlimited while Speakers are limited to two.
Audience Members may “tip” and/or “like” Speakers. Tipping by Audience Members occurs when they use currency to boost the chance of a Speaker to win a Bout. Liking by Audience Members occurs when they “like” a Speaker in a Bout. Likes are unlimited in number and can be given by Audience Members at a rate of one like per second. Tips are a virtual currency purchased by Users in the App. Tips can also be earned by Users for watching Bouts. The longer the User watches a Bout, the more Tips they will receive. Tips are earned by Speakers as they are given by the participating Audience Members.
Speakers defend their position in a Bout with another Speaker and seek to gain Audience Member Tips and Likes.
5.6 Victories, Forfeiting
The Speaker at the end of a Bout with the highest liked percentages (based upon tips and likes), wins the Bout and the bounty that was set at the beginning of the Bout.
A Speaker may forfeit a Bout at any time. If a Speaker forfeits, they will still retain all the tips they received prior to forfeiting, however, the Bout will be considered won by the non-forfeiting Speaker who will receive the win and the bounty. A Speaker intentionally disconnecting from a Bout will be considered to have forfeited that Bout and the above rules on retaining tips and receiving a win will apply.
SECTION SIX - LIMITATIONS OF LIABILITY
6.1 Hacking, Tampering, or Unauthorized Access
By registering for an account and/or participating in any competition offered in the App, you agree that 1-800-N0TH1NG is not responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of the App or your account.
Any attempt to gain unauthorized access to the App's systems or any account, interfere with procedures or performance of the App, or deliberately causing damage to or undermining the App, may subject you to civil and/or criminal prosecution and may result in immediate termination of your account and forfeiture of any prizes.
6.2 Accounts for Individual Use Only
You are solely responsible for all obligations relating to your account and for compliance with these Terms and Conditions. You are entitled to all benefits accruing to you as a result of being the account holder. You may not allow any other person to access your account, access the App, accept any winnings, or participate in any competition using your account. Your account is not transferable. By registering and/or participating in any competition offered in the App, you agree to indemnify, defend, and hold 1-800-N0TH1NG harmless from or for any claims, liability, damages, and/or costs (including attorneys' fees) arising from any use of your account by any person.
6.3 App and Account Availability
1-800-N0TH1NG does not guarantee that the App or access to your account will be available at all times and/or in all geographic locations. 1-800-N0TH1NG is not liable for any loss which may be caused by your inability to access the App or your account.
Last Updated: October 3, 2016