By accessing and using ChatPops and this website, you accept and agree to be bound by the terms and provision of this agreement. In addition, when using this website’s particular services, you shall be subject to any posted guidelines or rules applicable to such services, which may be posted and modified from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS.
ANY PARTICIPATION IN CHATPOPS AND THIS SITE WILL CONSTITUTE ACCEPTANCE OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ABIDE BY THE ABOVE, PLEASE DO NOT USE CHATPOPS AND THIS SITE.
In the following terms, we'll be talking about several parties. These parties include, but are not exclusive to:
- ChatPops: meaning the ChatPops service, name, logo, IP and content. This also includes its affiliates and Escapism Film Productions.
- User: The person connected to this account. This includes the 'streamer', 'user', 'client' and 'customer'.
- 3rd parties: Everybody able to use, change, connect to, add content and interact with ChatPops through the User's account. This includes people in the 'User's chatroom, his PopStars (trusted interactors), and any other service, software, website or person in any way connecting to the 'User's account and the ChatPops services.
- Pops: all animations, videos, texts, audio, games and other content provided by the ChatPops service.
- ChatPops Store: The store where you can buy Pops, only available when logged in to your account, and only connected to that account
ChatPops uses 2 different types of content, or Pops.
1. Pops that are non-interactive: animations, videos, audio, code, text, images or any other content that can't be changed or modified (except for size and position) by User or 3rd parties.
2. Pops that are interactive: animations, videos, audio, code, text, images or any other content that can be changed or modified by User or 3rd parties.
1. Rules of using the ChatPops service
- The streamer is solely responsible for giving others access to the ability to use ChatPops on their channel. This includes personal ChatPops use, recruting and selecting PopStars, and/or allowing Pops to be triggered by everybody in the chatroom. Be very careful who you select and give access to, since they have the ability to show text, data, videos, pictures and audio on the stream. ChatPops, Escapism Film Productions and its affiliates can't be held responsible for third party content appearing on the stream.
- Abuse of ChatPops may result in a permanent ban from our service. This abuse includes (but is not exclusive to) spamming Pops, using Pops for inappropriate context, creating disturbing or inappropriate output by combining multiple Pops.
- The ChatPops service can never be used to promote or facilitate Hate Speech, Bigotry, Bullying, Racism, Sexism, Homophobia of any kind.
- It is forbidden to resell your ChatPops account.
- It is forbidden to share you ChatPops account with other users for separate streams. Your ChatPops account can only be used for one streaming channel per user, unless otherwise stated or given permission. If you have any questions, please contact email@example.com
- To change your single user account, because of a stream or name change, please contact us at firstname.lastname@example.org
- ChatPops may not be used for advertisements, promotion and promoting other products besides ChatPops, unless otherwise agreed upon.
- It is strictly forbidden to use ChatPops to show or distribute personal information. This includes sharing real names, locations, IDs, credit card information, financial information and personal pictures.
- ChatPops may never be used to create or display content containing nudity or explicit sexual content.
- ChatPops may never be used to attack, misinform, mislead, or do any harm (physically or mentally) to others. This includes people's online identities and/or personas.
- ChatPops may not be used for political purposes, in such a way as to make it appear to reflect the policies and positions of ChatPops and its associates.
- ChatPops may not be used in any way for any political propaganda or as a political tool.
- It is strictly forbidden to sell, copy, change or redirect code created by ChatPops.
- It is strictly forbidden to sell, copy or change animations and images created by ChatPops.
2. Rules of usage of ChatPops and its services for other services
- ChatPops is responsible for all non-interactive content and Pops. However we are not responsible for inappropriate use of that content and Pops. This includes using Pops for inappropriate context, creating disturbing or inappropriate output by combining multiple Pops, or any use that is against the TOS of ChatPops and other services it is used on, including the TOS of streaming services.
- ChatPops is not responsible for interactive use of Pops. This means: content created with the use of our software, code, animations, videos, audio, game, gameplay and other services we offer that can be changed with user and 3rd party interaction. The responsibility, liability and all consequences of inappropriate use, lies with the User.
- ChatPops, Escapism Film Productions and its affiliates are not responsible for texts, images, audio files, videos and all other personal information shared on stream. For every user input, created with the help of ChatPops, the User is responsible. This includes user selected or created pictures, texts, videos and sounds that are against the streaming website's or any other relevant Terms of Service.
- ChatPops, Escapism Film Productions and its affiliates are not responsible for timeouts, bans, fines or lawsuits caused by misuse of this service. The responsibility lies with the client.
- Uploading and broadcasting clips and streams on other websites with ChatPops content is allowed, unless the goal is to infringe on ChatPops copyright. Terms of Service rules of ChatPops do apply, as do the TOS rules for websites where ChatPops related content is posted.
- ChatPops is not responsible for inappropriate content shown on platforms when hacked accounts (of the user and 3rd parties) are used, 3rd party bots are used, or by circumventing the ChatPops codes.
- The Terms of Service of the streaming platform ChatPops is used on are to be respected and also affect the use of ChatPops. Inappropriate use of the ChatPops service may breach the Terms of Service conditions of both ChatPops and the streaming website.
- ChatPops may not be used in any way where it will breach the Terms of Services of websites, third party software or services when used in combination with that other party. This includes the Terms of Services of streaming websites.
- When actions done or created with ChatPops do not infringe or breach the ChatPops Terms of Service, but do infringe or breach the Terms of Service of other platforms where ChatPops is used, the client is responsible for breaking the rules.
3. Rules of ChatPops Store and purchases
- Free Pops, gifted Pops, or Pops included in the Starter Pack can not be exchanged for other Pops.
- As of this moment, we don't offer an option to exchange purchases of Pops for either cashback or alternative Pops and/or credit. However, if you feel there is any wrongdoing or feel you are in the right, please contact us at email@example.com
- All Pops are created, to the best of our knowledge, either in-house or with attributes gained from creative commons data (video, images, audio). If, for any reason, you feel like we used data that is not available in creative commons and is your personal property, please contact us at firstname.lastname@example.org
- Buying a Pop from the Pop Store gives you the right to use that Pop on your own stream, and your own stream only. Sharing Pops with others is prohibited. Fines may be charged.
- Buying a Pop from the Pop Store gives you the right to use that Pop on your own stream, but doesn't make you the creative or IP owner. You may not resell, distribute the Pop. Ownership of the IP and animation will always stay with ChatPops/Escapism. Unless otherwise noted, other ChatPops users also have the right to buy the license to use that same Pop. With Personal Pops (Pops made for a specific user), the IP and ownership still belong to ChatPops/Escapism, but other members are unable and not allowed to use these Pops, unless otherwise agreed upon by both parties (customer and ChatPops).
- A client may be banned or fined if they illegally buy, use or promote Pops not bought in the ChatPops store on their own account. In other words, it is forbidden to illegally obtain Pop animations, code or other content through any 3rd party means.
- If the user is banned from a streaming website (like Twitch.tv), and wants to stop using ChatPops, the user has to cancel their subscription to ChatPops themselves. ChatPops doesn't automatically cancel your subscription to its service, when the user is banned on another service. If the user doesn't cancel his account, the subscription will continue. The ChatPops subscription doesn't end when a user is banned on another service.
- Ripping, stealing, greenscreening, recording, capturing and/or screenshotting ChatPops created animations is not allowed. All available code, games and animations -including personal Pops- are property of ChatPops and Escapism Film Productions, and may not be used for other services unless otherwise stated.