Effective as of November 17, 2019
Welcome to StreamKick Subscription Services

IMPORTANT!
SUBSCRIPTIONS AUTOMATICALLY RENEW

Your use of Subscription Services and Subscription Products is governed by these Subscription Terms, which are described in further detail below. The following points are particularly important:

  • Subscriptions automatically renew until canceled.
  • You may cancel your Subscription Product at any time by following these instructions in our Help Center, or the instructions included in your Subscription Product purchase, redemption, or renewal confirmation email, all subject to the terms below.
  • Cancellation will cease auto-renewal of Subscriptions, but Subscription Fees are non-refundable except where required by law.
  • The Access Period and cost of the Subscription Product you purchase are disclosed prior to purchase and confirmed via email following purchase.
  • We transfer your billing information to our payment processor(s) as disclosed in our Privacy Policy.
  • Offers may be subject to additional limitations, which are generally presented to you at the time of offer receipt.

StreamKick provides various subscription services (the "Subscription Services") to you subject to the terms and conditions contained in these StreamKick Subscription Terms ("Subscription Terms"). Our Subscription Services include Subscriptions, Promo Codes, and Gift Subscriptions ("Subscription Product(s)").

Read these Subscription Terms carefully before using the Subscription Services. These Subscription Terms (which include the other documents referenced below) constitute a legal agreement between you ("you" or "your") and StreamKick. The StreamKick Terms of Use and the StreamKick Privacy Policy (collectively, the "StreamKick Agreement"), which you agreed to when you registered for the StreamKick Service (as defined in the StreamKick Terms of Use), also apply to your use of the Subscription Services and are incorporated by this reference as part of these Subscription Terms.

By purchasing and/or using a Subscription Product, and accessing or otherwise using any portion of the Subscription Services, you agree to be bound by these Subscription Terms, which contain liability limitations, an arbitration agreement, and a class action waiver, all as detailed in the StreamKick Terms of Use. These provisions control how disputes are resolved.

If you are not willing to be bound by these Subscription Terms, you should not purchase or use a Subscription Product, and you may not access or otherwise use any portion of the Subscription Services.

  1. Eligibility Requirements

    To be eligible to access and use the Subscription Services, you must meet the following criteria ("Eligibility Requirements"):

    • You must be at least 18 years of age or the age of legal majority, and capable of entering into a binding agreement;
    • you must have an account in good standing with StreamKick, which includes the payment of all Fees and Applicable Taxes, if any; and
    • you must meet any additional qualifications or adhere to any limitations disclosed with the offer of an applicable Subscription Product, which we may update from time to time.
  2. License for Your Use of the Subscription Services

    Subject to your compliance with these Subscription Terms including the Eligibility Requirements, StreamKick hereby grants to you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access the Subscription Services, and otherwise view and use the Subscription Services to the extent permitted by its intended functionality for your personal, non-commercial use, and not for the sublicense to or use by third parties..

  3. Subscription Products

    Access to the Subscription Services is available through a Subscription Product, which includes Subscriptions, Promo Codes and Gift Subscriptions.

    Certain Subscription Products may be subject to additional terms, exclusions, or limitations, which will be disclosed to you at the time you receive the offer for the Subscription Product.

    3(a). Subscriptions

    You may purchase subscription access (a "Subscription") to the Subscription Services for a fee (the "Fee") for the period of time (the "Access Period") you have elected from the available options (e.g., monthly or annually). The Fee is exclusive of any applicable federal, state, telecommunications, excise, or municipal taxes or duties, including VAT and GST (collectively, "Applicable Taxes") unless otherwise specified.

    3(b). Promo Codes

    You may purchase access to the Subscription Services through a single use promotional code (a "Promo Code") for no Fee for the Access Period specified with the Promo Code (e.g., one month, three months, etc.). Once the Access Period for the Promo Code expires, you will no longer have access to the Subscription Service unless you purchase a Subscription.

    3(c). Gift Subscriptions

    You may access the Subscription Services through a single use gift subscription for the Access Period specified with the gift subscription ("Gift Subscription"). Similar to a Promo Code, you will no longer have access to the Subscription Services once the Access Period for the Gift Subscription expires unless you purchase a Subscription. You may be given the option of providing a credit card or other payment method during your redemption of a Gift Subscription in order to ensure uninterrupted service after your free gift subscription period ends. You are under no obligation to provide such billing information during redemption of a Gift Subscription. If you do decide to provide this information, your Gift Subscription will automatically convert into a Subscription for the Access Period you've elected, and your payment method will be charged the associated Fee and Applicable Taxes unless you have disabled auto-renewal. You can disable auto-renewal by following the instructions in the StreamKick FAQs, or by contacting Viewer Support.

  4. Gift Subscription Terms

    These Gift Subscription Terms apply to the purchase and/or redemption of Gift Subscriptions.

    (a) Gift Subscriptions are subject to these Gift Subscription Terms, the StreamKick Subscription Terms, these StreamKick Terms of Use, and the StreamKick Privacy Policy (collectively, the "StreamKick Policies"), which are incorporated herein by reference. StreamKick reserves the right to alter any one or more of the StreamKick Policies at any time, without notice to the Purchaser or Recipient (as the terms are defined below).

    (b) A purchaser ("Purchaser") may buy a Gift Subscription online and transfer it to a recipient ("Recipient"). The Recipient must be at least 13 years of age, and a resident of a country in which StreamKick is authorized to operate the StreamKick Premium service.

    (c) To purchase a Gift Subscription online, the Purchaser must provide valid registration information, a valid payment method, and other payment information at the time of purchase. By purchasing a Gift Subscription, you authorize StreamKick to charge the purchase price of the Gift Subscription, and any applicable sales, telecommunication, excise or similar taxes to the payment method that you provide.

    (d) The Purchaser is not entitled to a refund or credit for any reason, including, without limitation, if the Recipient fails to view, redeem, use, or cancels the Gift Subscription, except to the extent required by law.

    (e) The Purchaser may not transfer a single Gift Subscription to more than one recipient. A Gift Subscription is fully transferable by the Recipient prior to activation or redemption. In the event of any such transfer by the Recipient, the individual who redeems or activates the Gift Subscription shall be deemed the Recipient for purposes hereof.

    (f) Recipients may redeem their valid Gift Subscriptions at any time by using the activation code provided upon purchase. The code may be located at the bottom of a gift subscription confirmation email, or on the Gift Subscription web page upon completion of the purchase. Once redeemed and activated, the code is void. The Gift Subscription itself is good for the term that is set forth in the gift subscription email or print-out (the "Gift Subscription Access Period").

    (g) Gift Subscriptions may not be redeemed for cash, or combined with other promotional offers, free trial offers or incentives.

    (h) Recipients must provide StreamKick with valid registration information, including, but not limited to, an email address, birth year, and zip code, in order to redeem or activate the Gift Subscription.

    (i) If the Recipient has an existing Subscription, then Recipient's Gift Subscription will start when the Recipient's existing Subscription Access Period ends. At the end of the Gift Subscription Access Period, the Recipient's own StreamKick Subscription will resume in accordance with the StreamKick Subscription Terms and his or her account settings, including automatic renewal, if elected by the Recipient.

    (j) The Recipient is entitled to cancel his or her Gift Subscription at any time following activation, provided however, that the Recipient is not entitled to a refund or a credit of any kind in the event of such cancellation.

    (k) StreamKick is not responsible for lost or stolen Gift Subscription redemption codes, or the unauthorized redemption of Gift Subscriptions, except as required by law.

    (l) These Gift Subscription Terms are governed by the laws of the State of Florida, USA without regard to conflict of law provisions thereof.

    (m) In the event of any conflict between these Gift Subscription Terms and the StreamKick Subscription Terms, these Gift Subscription Terms will control.

  5. Access and Renewal

    Your ability to access and use the Subscription Service commences on the date we make the Subscription Services available to you following your purchase or redemption of a Subscription Product and remittance of the Fee and Applicable Taxes, if any, and continues until the end of the applicable Access Period. StreamKick will automatically renew or commence your Subscription for a new Access Period by charging the associated Fee plus any Applicable Taxes to the payment method you provided unless you cancel your Subscription as provided below.

    Unless you affirmatively opt-out of automatic renewal either prior to the expiration of a Subscription Product or before the end of the then-current Access Period (as applicable), you hereby authorize StreamKick to renew or commence your Subscription automatically at the end of each Access Period or at the expiration of your Subscription Product for a new Access Period.

    If you opt-out of automatic renewal, your Subscription Product will expire and your access to the Subscription Services will cease at the end of its specified Access Period. In order to continue to access the Subscription Services after your Access Period has expired, you will need to purchase or redeem a new Subscription Product. You are required to maintain accurate and up-to-date payment information. StreamKick assumes no responsibility or liability if your Subscription Product fails to renew or otherwise expires because of outdated or incorrect payment information.

  6. Subscription Cancellation; Refunds

    You may cancel the renewal of Subscription Product at any time by following these instructions in our Help Center, or the instructions included in your Subscription Product purchase, redemption, or renewal confirmation email. You may also contact Viewer Support with a request to cancel your Subscription Product. If you cancel your Subscription Product during your current Access Period, your access to the Subscription Services will continue until the end of your then-current Access Period, at which point it will expire. Purchase and/or redemption of your Subscription Product is final and non-refundable; StreamKick will not issue you any refund, including partial, pro-rated, or otherwise unless required to do so by law.

    Subscription Products do not have a cash value and are not redeemable for cash, permitted to be used for the payment of or offset any outstanding payments owed to StreamKick for the Subscription Services, or combined with other promotional offers, incentives, or additional Subscription Products.

  7. Lost or Stolen Subscription Products

    StreamKick is not responsible for lost or stolen Subscription Products, or unauthorized use or redemption of a Subscription Product. Redemption codes for Subscription Products are void once activated.

  8. Advertising

    Except in the few limited circumstances set forth in this paragraph and notwithstanding paragraph 11 of the StreamKick Terms of Use, StreamKick provides the Subscription Services to you free of third party advertising. Certain audiovisual content, channels, and profile pages available on the Subscription Services may contain third party advertising or references to third party advertisers, particularly if sponsored or underwritten by an advertiser. If you receive the Subscription Services courtesy of an advertiser-sponsored Sponsorship, then advertising related to that sponsoring advertiser may appear in the Subscription Services. StreamKick may also market, promote, and/or advertise itself, streamer-related content including merchandise, and its own products or services through the Subscription Services.

  9. Availability and Modifications

    StreamKick reserves the right to modify, offer additional, or cease offering Subscription Products and Subscription Services at any time in its sole discretion, including but not limited to changes in Fees, modifying the availability of and Eligibility Requirements for certain Subscription Products and Subscription Services, or modifying the features and functionality of certain Subscription Services. If we cease offering your current Subscription Product, your access to the Subscription Services will continue until the end of your then-current Access Period. In such event, we may elect to migrate you to a similar Subscription Product and charge your payment method the associated Fee at the end of your then-current Access Period. We will provide you with thirty (30) days prior notice via email before changes in Subscription Products or Fees take effect. Any changes to the Subscription Products or Fees will be effective upon your next billing cycle, and will not apply retroactively or to the remainder of your current Access Period. In the event we do migrate you to a different Subscription Product, or modify your current Access Period or Fee, you may opt-out of these changes by disabling auto renewal of your Subscription Product, or cancelling your Subscription Product by following these instructions in our Help Center or contacting Viewer Support.

  10. Changes to Subscription Terms

    We may modify these Subscription Terms from time to time. If we make material changes to these Subscription Terms as it applies to your currently active Subscription Product, then we will supply you with appropriate notice (e.g., in-app notification, email, statement on the StreamKick Service, etc.) of those changes. Revised Subscription Terms will become effective upon the next renewal of your Subscription Product and your continued use of the Subscription Services will constitute your acceptance of the revised terms. If you are not willing to agree to the revisions, you may cancel your Subscription Product as disclosed in paragraph 6 above.

  11. Entire Agreement

    These Subscription Terms (including, without limitation, the documents incorporated into them constitute the complete and exclusive agreement between you and StreamKick with respect to the subject matter hereof, and supersede all prior or contemporaneous oral or written communications, proposals, representations, understandings, or agreements by or between you and StreamKick concerning such subject matter.