■Effective date : July 28, 2024
PLEASE BE ADVISED THAT ARTICLE 20 CONTAINS BINDING ARBITRATION AND A WAIVER OF CLASS ACTION THAT MAY AFFECT YOUR RIGHTS FOR RESOLVING ANY DISPUTE WITH THE COMPANY.
Article 1. Objective
The objective of this Terms of Service is to regulate all related rights, duties, and related processes of SSS users and this company pertaining to the SSS program, website, mobile app, software, and more, as provided by WEMIX PTE. LTD (hereinafter "this company" or "the company") as used by SSS users (as defined below). Use of the SSS program may be ceased or changed at any time due to reasons pertaining to but not limited to issues regarding blockchain networks, technology, environment, applicable laws, and more, and the user is presumed to have agreed to this.
Article 2. Definition of Terminology
The definitions of the main terminology used in this Terms of Service are as follows.
①"SSS user"(hereinafter "user" or "users") refers to people who are granted the rights to use SSS Program services normally, having followed the registration process as described in Article 5 of this Terms of Service through the company's homepage (PC or mobile web) or the mobile app, such as supporting, submitting a Streamer application and getting approved, and more.
②"SSS (Streamer Supporting System) Program" (hereinafter "SSS program" or "SSS") refers to the customer service program that includes the accumulation of points (hereinafter "Seed" or "Seeds" or "point" or "points"), supporting of points, and payout from points, the main content of which is as defined in Article 3 of this Terms of Service.
③The "game" or "games" refer to WEMIX PLAY-affiliated games that the SSS program applies to.
④"Game user" or "game users" (hereinafter "game user" or "supporter" or "supporters") refer to users of the SSS program that use games designated by the SSS program that have points and can support Streamers with points.
⑤"Streamers" refer to game users who are creators (hereinafter "Streamer" or "Creator" or "Creators") that post content on third-party media platforms who have applied for, and been approved, as SSS Streamers, who have been approved to post content of designated games and conduct live streams.
⑥"Seeds" refer to the support points provided by this company according to this Terms of Service when game users purchase products or services in games designated by SSS.
⑦The "SSS homepage" refers to the internet website (sss.wemixplay.com) run by this company, through which users can use the SSS service online and on mobile devices.
⑧"Award" or "Awards" refer to the rewards (WEMIX coins) given to Streamers from supported Seeds that can be exchanged.
⑨"Support Code" or "support code" refer to the unique identifier issued to Streamers, which each Supporter must enter to support Seeds to Streamers.
⑩"SSS-related policies" refers to the Terms of Service, Operation Policy, and related policies that the user must abide by. This term includes this Terms of Service, the SSS Operation Policy, and the Terms of Service and Operation Policy of WEMIX and the game.
⑪"SSS Account" refers to the account required to use the SSS service on the SSS homepage, and each user must use the same account that they use for the game.
⑫"WEMIX Coin" is a digital asset issued based on the WEMIX3.0 mainnet, and may be used within WEMIX3.0 mainnet-based services such as WEMIX WALLET, WEMIX.Fi, NILE, related game services, and more.
⑬"Digital Asset Wallet" is the method used by Streamers to claim Awards, and refers to the digital asset wallet that each Streamer’s account is synchronized to in the game. Refer to Article 11 Clause 2 Paragraph 2 for detailed information of digital asset wallets that may be synchronized.
Article 3. SSS Program Summary
This is the list of services that this company provides the user with.
①Seed accumulation service
- The user may accumulate Seeds upon purchasing products and services in the game from this company.
②Seed support service
- Users may support Streamers through the SSS homepage.
③Seed payout service
- The Streamer may request payouts to exchange the Seeds that they received with Awards.
Article 4. Validity and Amendments to this Terms of Service
①The content of this Terms of Service is given validity as the user, after being notified of the content of this Terms of Service as posted on the SSS homepage or through other methods, agrees to the content and registers for the SSS program.
②This Terms of Service is valid for all users who wish to use the service, including all users who have registered for the SSS program.
③This Terms of Service may be amended at any time. Prior to the amendment, the company will notify the user of the amendment and the amended content using one or more of the methods stated below. However, in cases where the amendment is not in the user’s favor, the company will notify the user with a prior grace period of at least 30 days before the date of amendment.
A) E-mail
B) Game homepage
C) Game or SSS customer service center message
D) Mobile app push message
E) Or other method of contact such as phone calls using the contact information provided by the user on registration
④The company notifies the user of the amendment of this policy and the content of the amendment using the methods stated in the previous clause based on the information provided by the user, and if the company has done so, the company is seen to have completed a legal notification.
⑤The Terms of Service amended as per this rule is by default proactively valid from the date on which it becomes valid.
⑥Users who have objections regarding the amendment of this Terms of Service may withdraw their registration. Users who have not withdrawn their registration or raised their objection to the company separately are seen to have agreed to the amended Terms of Service.
⑦The method of notification and validity of notifications in this rule apply correspondingly in cases of individual or overall notifications as stated in each article of this Terms of Service.
Article 5. Registration and Requirements
①Customers who wish to register as users of the service may request to register as a user by logging in to the SSS homepage with the same social platform account used for the game and agreeing to this Terms of Service, the "SSS Operation Policy," and the privacy policy ("Agree to the collection and use of personal data" and more).
②Type of users
- Supporter: An SSS user who has become eligible to be a user following this Terms of Service
- Streamer: Among Supporters who have become eligible to be users following this Terms of Service, a user who has become eligible to be a Streamer through the approval process. Each Streamer is granted a Streamer Level that corresponds to their past activities and contribution.
③Streamer requirements
- Age requirements: An adult that is 19 years or older, who is a legal adult in their country of residence, that states that they are a legal adult in their country of residence by submitting a Streamer application.
- Account requirements: Each Streamer’s account must not have violated any of the policies (This Terms of Service, Streamer Operation Policy, and more) of the game or SSS, and each account must be synchronized to a digital asset wallet in the game.
- Third-party media account requirements: Each Streamer must own and operate a third-party media account that is valid and eligible, that satisfies the "minimum follower count" or "subscriber count" as defined in the FAQ, notices, or operation policy on the SSS homepage. However, artificially manipulated follower or subscriber counts that were influenced by automation or other such means may not count.
④Streamer restrictions
- Employees of this company, their proxies, representatives, and their immediate family members (for example, partners, parents, siblings, and anyone who resides with one of the employees of this company) are disqualified from submitting Streamer applications.
- If the laws of the region of residence limit or prohibit the use of the SSS program, or if Awards cannot be or must not be transferred due to legal or other reasons, the Streamer cannot receive payouts. The Streamer is obligated to check that the terms of the previous sentence do not violate the laws of their country of residence or nationality, and responsibilities that occur from failure to do so, or failure to notify, or deception on the part of the Streamer belong to the Streamer.
⑤Streamer Level System
1) Streamer Levels
- Definition: The Streamer Level System is a system designed to support and enable Streamers to pursue Streamer activities in active and creative ways. Each Streamer is given a Streamer rank based on objective past activities, which is summed up with additional points to grant each Streamer a corresponding Streamer Level and corresponding additional benefits.
- Level Categorization: There are three Streamer Levels: Normal, Partner, and Best. The Levels are categorized based on past Streamer activities and qualification requirements.
- Level Benefits: Each Streamer receives additional benefits that apply to their Streamer activities according to Level.
[Streamer Level Table]
Levels | Qualification Requirements | Default Level Benefits | |
Normal Streamer | Among Supporters who have become eligible to be users following this Terms of Service, a user who has become eligible to be a Streamer through the approval process | - | - |
Partner Streamer | Streamer Ranking Top 101 to 300 | - Opportunities to have videos shown in the highlights section of the SSS website or in the game | Differential application of benefits for completed missions |
Best Streamer | Streamer Ranking Top 1 to 100 | - Opportunities to have videos shown in the highlights section of the SSS website or in the game |
2) Level Promotions and Demotions
- Once a user has received the initial approval to be a Streamer, the user is granted the Level of "Normal Streamer".
- The promotion of a user's Streamer Level requires the user to have satisfied all items of the qualification requirements for the Level as described in the [Streamer Level Table] in Article 5, Clause 3 of this Terms of Service.
- Once a user has satisfied all items of the qualification requirements for the Level, the user is promoted automatically, with no need for a manual application.
- Whenever a change in status leads to a Streamer not satisfying one or more requirements of their current Level, they will be automatically demoted with no additional notice. At the basic level, Normal Streamer, no demotions occur.
- In cases where the company recognizes a Streamer as having qualifications equal to the Level promotion requirements, regardless of whether the Streamer has satisfied the promotion requirements, their Streamer Level may be promoted.
- Promotions and demotions of Streamer Levels occur after each round ends, and are decided based on both the additional points earned by each Streamer based on additional activities and their final Streamer rank in the previous round. However, in cases where the company recognizes a corresponding need, promotions and demotions according to past Streamer activities and contribution may occur even during a round.
- There are default Level benefits and additional benefits for each Streamer Level, and the categorization of Levels and additional benefits may differ for each game service. Detailed information about Streamer Levels, benefits, rankings, and additional points are made available in the notices of the official game website or the SSS website.
Article 6. Duties of the User
①Duties of the Streamer
1)Creating and providing of eligible content
A. All content created and provided by the Streamer must abide by the Terms of Service and Operation Policy of SSS, WEMIX, and the game.
B. The Streamer must include the items that must be stated as defined in Article 4. Advertisements of the Streamer operation policy and this Terms of Service in the content they provide.
2) Rules on the creation and provision of content
A. Prohibition of the creation and provision of inappropriate content
As stated in Article 1. Content Rules and Guidelines of the Streamer operation policy, the Streamer may not create or provide content that may cause others discomfort, or inappropriate content that may become issues by societal norms.
B. Prohibition of impersonation
The Streamer may not use others’ identities falsely, or publicly claim to be someone else, or cause confusion about the source of products or services included in their content.
C. Prohibition of tricks, fraud, spamming
The Streamer may not trick content users or viewers to mislead other users or game users, or engage in deceptive acts such as tricks and fraud for their own benefit.
D. Prohibition of the creation and provision of content that infringes on others’ rights
The Streamer may not provide content that infringes on the content or trademarks of that others hold the intellectual property rights to, and may not create or provide content that has the possibility of infringing on others’ intellectual property rights unless they have been given the right to do so by law or have received explicit approval by third parties. All legal responsibilities for the content created and provided by the Streamer belong to the Streamer.
E. Prohibition on acts that encourage speculation
The Streamer may not engage in or encourage acts such as providing cash or cash-like objects as prizes to receive Seeds from Supporters.
F. Prohibition on the securing of Seeds using methods other than receiving support
The Streamer may not secure Seeds using methods other than receiving Seeds that the Supporters support.
3) Deleting of content
A. If the Streamer’s breach of responsibilities has resulted in their approval being canceled, upon the company’s request the Streamer must delete the content they posted during their Streamer activities.
B. Regardless of its public status, posted content that violates this Terms of Service or Streamer operation policy may count against the Streamer for the keeping of Streamer approval, and the company may temporarily withdraw or cancel the Streamer’s approval.
②Measures Taken for Violating Streamer Duties
1) Limits on service use for violating Streamer duties
A. The user may not partake in acts that violate the duties of the user as stated in Article 6, and if the user does, the company enforce measures to limit service use according to the categorization of each, including limiting the user’s service use, deleting related information (text, photos, videos, and more) and more. The specific reasoning and process for measures to limit service use will be determined in the operational policy for each game.
- Limit on some character rights: limits some rights such as chat access for the user’s character for a set amount of time
- Limit on character use: limits use of the user’s character for a set amount of time or permanently
- Limit on game use: limits the user’s use of the game service for a set amount of time or permanently
- Limit on SSS account use: limits use of the user’s account for a set amount of time or permanently
- Limit on Streamer activities: limits the user’s Streamer activities for a set amount of time or permanently
- Canceling of Streamer approval: Cancels the user’s Streamer approval
B. In cases where the company’s limits on service use are justified, the company does not compensate damages incurred to the user by the limit on use.
C. The company may stop service use for the user account until the related investigation has been completed for all of the following.
- When a justified report that claims that an account has been hacked or stolen has been submitted
- When an account is suspected to be partaken in illegal activities such as using an illegal program or a bot form
- And when tentative measures on service use are required for grounds parallel to each of the above
D. After the investigation mentioned in Clause 1 Paragraph C has been completed, the company extends the user’s game service use time for the amount of time during which the limit has been placed in proportion to game service use time using an equivalent amount of paid game service, cash, or another method. However, the company does not do so if the user’s case falls under any of the reasons stated in Clause 3.
E. Even in cases where the user’s account (ID) was used by another person to violate the Terms of Service or operation policy, the user’s game service use may be limited following the standards set in Clause 1.
2) Deferment of Award Payouts
A. If the user has violated this Terms of Service or the Streamer operation policy, part or all of the Award amount payouts may be deferred, adjusted, or rejected, taking into consideration the importance and repetition of the violation.
B. Even after the Streamer’s Award payout has been approved, if the Streamer has been found to have violated this Terms of Service or SSS operation policy before the Awards have been transferred, part or all of the Award payout amount may be not paid.
C. If the need to respond to instable service due to reasons such as electronic abuse and communication accidents arises, the company may temporarily stop Award payouts to part of or all of Streamer content for a set amount of time.
3) Prohibition on the evasion of limits placed on service use
Streamers who have had their approval temporarily or permanently canceled due to violation of SSS-related policies including this Terms of Service are prohibited from using the SSS Streamer service using other SSS accounts to evade the limits placed on service use.
4) Canceling of Streamer approval and temporary or permanent termination of SSS account
If the Streamer is found to have violated SSS-related policies including this Terms of Service, the Streamer’s approval may be canceled or their SSS account temporarily or permanently terminated, and must compensate the company of the losses incurred due to this.
5) Notification
The company notifies the user of the reasons for measures taken according to this clause and ways to raise objections in the methods stated in Article 4 Clause 3. However, the company does not do so in the following cases.
- If doing so would violate the law, or instructions from law enforcement authorities, or if there is risk of legal responsibilities for SSS or game service
- If doing so would hinder the integrity or operation of the video game
- If the company has made a rational decision that doing so would incur legal responsibilities or damages to other users, the SSS program, or game service
③Duties of the User
The user may not do any of the following during their use of the service.
- Stealing or otherwise dishonestly using the account and password of another user
- Acts that encourage or partake in gambling or other speculative activities, acts of communicating, posting, or connecting (linking) pornographic websites, acts of indecent use of the service including the transfer or spreading of words, sounds, text, images, photos, or videos that incur humiliation, disgust, or horror to others
- Acts of purchasing paid content using others’ stolen credit cards, corded or wireless phones, or bank accounts
- Acts that violate other rights such as copyright, etc. of the company or a third party
- Acts that cause chaos and destruction of information or malfunction of service-related facilities
- Acts of collecting, saving, and disclosing other users’ personal data
- Acts of circulating false information for the purpose of incurring damages to others or for monetary gain for themselves or others
- Acts of posting or transferring of information (including computer programs) that is prohibited from being transferred or posted by related laws
- Acts of stealing others’ identities (for example, by pretending to be or impersonating an employee of the company or related companies or a member of the operation team)
- Acts of trading Seeds that have not been used to support a Streamer both for monetary gain and no gain
- And other illegal acts and other acts that hinder service operations
- If the user does not abide by all laws and terms and policies of the company, the company may investigate the user for acts of violations, and may temporarily or permanently stop the user’s service use.
④Duties to manage their account
A. After account registration, the user must use the Services with their own account. The user is responsible for the information required for the use and management of the account.
B. The user who created or used the account is responsible for problems that occur with inadequate account management.
C. The user is entirely responsible for maintaining the confidentiality of their account's access information.
D. The user must not allow a third party to access or use the user's account, or share the access information with a third party, and the company does not bear any responsibility if the user incurs damages from leaked account access information for causes attributable to the user.
Article 7. Granting and Use of Rights
① The company or the main agent of the game service may use content posted by the Streamer for participating in the SSS program free of charge for the purposes of promoting the game and service, and the Streamer agrees to this.
② The Streamer agrees that they may not claim for damages for the company or the main agent of the game service having used content posted by the Streamer for participating in the SSS program free of charge for the purposes of promoting the company and the game service.
③ The Streamer agrees that even after the Streamer withdraws their user registration, or after their Streamer approval has been canceled, that the company has no obligation to delete promotional content if the company uses the Streamer's content for the purposes of promotion.
④ The Streamer acknowledges and agrees that the company has no obligation to use content created by the Streamer.
⑤ The Streamer agrees that the company does not grant the Streamer or third parties the rights to examine or investigate the company’s data, documents, records, software or systems.
Article 8. Seed
①The user may accumulate Seeds (Seeds eligible to support) in proportion to the price of the purchase upon purchasing products in the game. The user may support Streamers with the Seeds, and the Streamers may request payouts of the supported Seeds (Seeds eligible for payout) as Awards.
②Seeds can be categorized into "Seeds eligible to support" and "Seeds eligible for payout," and Seeds eligible to support are not eligible for payouts.
③When the User completes purchase of a product in the game, Seeds are given to their SSS account. However, the Seeds expire together with the refund of each paid product.
④The User may use the Seeds they have to support Streamers during a season, and the Seeds expire once the current season ends.
⑤The Streamer must request a payout during the season in which a User has supported them with Seeds.
⑥The Seeds eligible for payout that a Streamer has received from a User expire when that round ends, and the expired Seeds are changed into the payout amount. However, a Streamer must request a payout in the same season as when the Seeds were changed into the payout amount to have them changed to payout Awards.
"-Seeds eligible for payout: validity expires every round
Seeds eligible to support: validity expires every season"
Article 9. Process of Claiming Seeds and Awards
①The Streamer checks the SSS code ("Streamer support code") issued to them after Streamer approval.
②The Streamer posts content or conducts live streams that include the Streamer support code.
③The User may enter a Streamer’s support code on the SSS homepage to support Seeds.
④The Streamer may request payout of the Seeds they were supported on the SSS homepage during the payout period. The payout request period is posted on SSS or the game’s homepage.
⑤Once the Streamer’s payout has been approved, the company issues Awards during the issue period posted on the SSS homepage.
Article 10. Award Calculation
①Awards are calculated according to the ratio of the amount of Seeds the Streamer has received as support during the round to the total WEMIX accumulated during the round. The accumulated SSS program support fund for each round is available on the SSS homepage.
②The method of Award calculation is available on the homepage under SSS operation policy, guide notice, and FAQ. However, the method of Award calculation may change due to circumstances regarding the company or related regulations, and the Streamer is obligated to check the changes, and responsibility for any issues that occur from the Streamer’s not having checked the changes belong to the Streamer.
Article 11. Award Details
①Payout Schedule
SSS operates on a seasonal basis, and each season is divided into 3 rounds.
Each round lasts for 1 month, and a payout request can be made for each round. However, the schedule may be subject to change taking into account the schedule of the game and services that the SSS program applies to, and these changes will be posted on the SSS or game homepage.
②The Account to which Awards are issued
1) The Streamer must complete the wallet registration process as required by the company before requesting a payout of the Awards.
2) Awards are issued to the digital asset wallet (for example, PLAY Wallet, WEMIX Wallet, una wallet) synchronized to the user’s game account. Therefore, the user must use the SSS program with the game account to which the Awards should be issued when applying to be a Streamer.
3) Awards payouts requests cannot be made with, and Awards may not be transferred to, digital asset wallets that are not synchronized to the user’s game account. All responsibilities incurred from the loss of access to, and ownership of, the synchronized digital asset wallet for causes attributable to the Streamer belong to the Streamer.
4) 1 digital asset wallet may be synchronized to 1 game account, and may not be changed to another method once the synchronization is complete.
①Requesting a Payout
1) The Streamer may request a payout of the supported Seeds that they received during the round during the payout request period (about 10 days) after each round ends. When doing so, the Streamer must have satisfied all payout request requirements such as the appropriateness of created and provided content and amount during the round in which the Streamer requests the payout. The payout request requirements may change, and details are available in the game homepage notices or SSS FAQ.
2) Seeds eligible for payout that expired because the Streamer did not request a payout are changed into the payout amount, and the Streamer may request a payout of the sum of this amount and the payout amount that has not been paid out in the next round within the season.
④Issuing of Awards
Once the Streamer has requested a payout of the Seeds or the payout amount, the payout evaluation begins. If the payout evaluation has ended and the payout has been approved, the Awards (WEMIX) will be transferred to the digital asset wallet synchronized to the Streamer’s account around the 10th the following month. However, the Award issuing schedule may be subject to change, and these changes will be posted on the homepage.
⑤Prohibition on the use of proxies to receive Awards
1) The company only proceeds with payout evaluation in cases where the Streamer has made a request with the Streamer’s own account, and third parties that are not the Streamer may not request the payout or issuing of Awards. Therefore, the responsibility of managing the Streamer’s account belongs to the Streamer, and the company does not take responsibility for disputes between the user, other proxies, or corporate bodies regarding the issuing or distribution of Awards to third parties.
2) The identification of the Streamer is substituted by the payout request made by the Streamer’s account, and also in this case are the Awards issued only to the method synchronized to the Streamer’s account. And the company may request information for the purpose of identification in cases where it is deemed necessary, and if the Streamer refuses, the Streamer may not request a payout.
⑥Expiration of Seeds
1) Before each round ends, Seeds eligible for payout expire in cases where the Streamer has requested a payout and the company has approved the payout.
2) Seeds eligible for payout that have expired because the round has ended are changed into the payout amount (WEMIX) in proportion to the total Seeds issued and total SSS program fund for that round. The Streamer may request a payout of the accumulated payout amount within the season, and the amount is expired and cannot be restored once the season ends.
Article 12. Taxes
The Streamer must report and pay taxes imposed on the Awards (WEMIX) according to the laws and regulations that apply to the country and region of residence or nationality of the Streamer, and all legal responsibilities incurring thereof belong to the Streamer.
The company does not file taxes on behalf of the Streamers regarding the Awards issued to Streamers.
Article 13. Fees
①Award transfer fees
The company bears the smart contract fees incurred by the Awards transferred to Streamers for approved payouts, and Awards (WEMIX) finally issued after payout excludes the Gas fees. This company does not impose any other fees on the Streamer during payout.
②Third party fees
The company is not responsible for third party costs or fees that the Streamer has used for the posting of the Streamer’s content, and all responsibility for the costs executed for the creation of content belong to the Streamer.
③No responsibility for the Streamer’s contracts with third parties
1) The company is not responsible for any of the contracts that the Streamer has concluded with any group, artist, record company, publisher, third party licensing company, or other body ("third party contract") for the creation and use of content.
2) In cases where the Streamer creates content which incurs responsibilities of payment to third parties, the responsibilities of obligations or payment belong to the Streamer.
Article 14. End of, or changes to, the SSS Program
① The company’s rights to end the program
1) The company is under no obligation to keep the SSS program running, and may end the service according to the company’s circumstances or laws. However, if such an event actually occurs, the company will notify the user of the fact at least 15 days before the end date.
2) The company does not guarantee that the Streamer will perpetually be issued Awards in the future, and the user agrees to this.
3) If the SSS program has been prematurely ended by the company, the Streamer may request a payout of the Seeds or payout amount that the Streamer has not received within 15 days of the sending of the notification of the program ending. (Process and issuing standards follow this Terms of Service) However, if the cause for the termination of the contract is attributable to the user, the Awards that not yet been paid out are destroyed and are not eligible for payout.
②The user’s rights to terminate the use contract
1) The Streamer may at any time notify the company of their intent to withdraw their registration and terminated this Terms of Service. When terminating this Terms of Service, the Streamer must stop the use of all services related to SSS, and must delete all posted content if the company requests it.
2) Supporters who are not Streamers may at any time withdraw their registration to terminated the SSS program use contract.
3) All of each user’s usage information of the SSS program is deleted upon withdrawal of the registration of the SSS program and cannot be restored. However, data that must be stored according to related laws may be stored for the duration stated in the related laws, and blockchain-related data may not be deleted due to the characteristics of blockchain technology.
Article 15. Notifying
①The company notifies the Streamer of information regarding approval, rejection of approval, payouts, rejection of payouts, and more through the SSS customer support center or the game customer support center.
②The Streamer is obligated to check the messages in the SSS or game customer support center, and the company may provide the Streamer of the information stated in the previous clause to the email addressed provided by the Streamer in the Streamer application approval step. However, the responsibility of not having received the information due to incorrect input of information belong to the user.
③The SSS notification email address (sssnoreply@wemade.com) is a no-reply email that cannot receive email, and all enquiries regarding SSS must be submitted to the SSS customer support center or game customer support center.
④Access links to the SSS and game customer support center can be found on the SSS homepage or game homepage.
Article 16. Limit of Responsibilities
1) The company is not responsible for any content created by the Streamer, which includes any losses or damages incurred by said content.
2) The Company does not guarantee that the existence and details of its Services are permanent.
3) The Company does not guarantee the legality, integrity, safety, or accuracy of any website, platform, etc. that can be accessed through links (not directly provided by the Company) or contents of a third party that is included in, or connected to, the Company's Services.
4) The Company does not take responsibility for the deletion, loss, problems, or damage to the data or information related to the Company's Services or equipment.
5) In some cases, service use could be paused due to reasons related to technical issues or maintenance, and the user agrees that the Company is not responsible for the inability of the user to use its Services or loss of information, data, transaction, or other information and data caused by the pause of service use.
6) The Company is not responsible for the user's damages caused by unauthorized access to its Services, infiltration of a computer virus, or actions by a third party.
7) The Company is not responsible for disputes between the user and a third party caused by the use of its Services.
8) The Company is not responsible for direct or indirect damages caused by device malfunction, error, or information exposure due to the user or a third party's malware, spyware, virus, or hacking.
9) The Company may modify or change the provided Services as required and does not take responsibility for any possible material, intangible, direct, or indirect damages.
10) Upon use of services provided by other companies that are included in or connected to the Company's Services, the user must sufficiently understand, review, and agree with the other companies' terms and conditions, and the user must take full responsibility for the damages and danger that could occur with using said services.
11) The company is not responsible for change in valuation of digital assets issued as Awards to the user.
12) The user agrees that if the user has a complaint about part of the Services or the conditions of the related contract, the only and exclusive relief method for the user is to cease use of the Services.
Article 17. Miscellaneous
①Nature of the Streamer contract
1) The contract that an independent creator has concluded with this company by agreeing to this Terms of Service is a non-exclusive contract, and the Awards obtained through Seeds are not wages paid for the user’s labor.
2) The Streamer voluntarily creating and providing content following Article 6 Clause 1 Paragraph 1 of this Terms of Service do not constitute an employment or independent contract agreement between the Streamer and the company.
3) The company does not hire the Streamer or a conclude a hiring contract with the Streamer to provide the SSS service. The Streamer creates and provides content by setting their own schedule with freedom and choice without the company’s direction, control, or commands.
4) The Streamer is responsible for the managing of equipment and consumables used to create and provide their content. The Streamer understands their responsibilities and autonomously performs Streamer activities, and the Streamer has no rights to any benefits including insurance and reward for labor that the company may provide to its employees.
②Non-transferable
1) The user may not under any circumstance transfer or shift the rights and responsibilities as stated in this Terms of Service to another person, and attempts to transfer them are regarded as invalid. The company may cancel the user’s qualifications following such attempts.
③Insurance
1) The user acknowledges that the company does not provide or own any insurance for of any type for the benefit of the user, heirs, or executor or manager of their will.
2) The Streamer is responsible to acquire and pay for other insurance to protect all material and human resources necessary for the creating and providing of content.
④Severability clause
If any part, term, or provision of this Agreement is held to be illegal, in conflict with any law or otherwise invalid by the law of a related region or within the jurisdiction of a related court, that portion may lose its validity in that region or jurisdiction, but the remaining portion or portions shall be considered severable and not be affected by such determination.
⑤Language
The user agrees that the official language of this Terms of Service is English, and that even in cases when the company provides translations in other languages to the user, the translations were only provided for the convenience of the user, and that the English version of the Terms of Service apply to the relationship between the user and the company.
If the content of English version of this Terms of Service and the content of the translations are inconsistent, the English version shall prevail.
Article 18. Additional Regulations
For matters not addressed under this Terms of Service, the SSS operation policy and SSS-related policies apply.
Article 19. Jurisdiction and Governing Law
Any disputes or claims arising out of or in connection with this Agreement, will be governed by and construed in accordance with the laws of Singapore. Any dispute arising from or in connection with this Agreement shall be irrevocably submitted to the exclusive jurisdiction of the State Court, Singapore.
Article 20. Dispute Resolution
PLEASE READ THIS ARTICLE CAREFULLY BECAUSE IT AFFECTS THE USER’S RIGHTS. BY AGREEING TO BINDING ARBITRATION, THE USER WAIVES THE RIGHT TO LITIGATE DISPUTE (DEFINED HEREINAFTER) THROUGH A COURT AND TO HAVE A JUDGE OR JURY DECIDE THE USER’S CASE.
All disputes, claims or controversies arising out of or relating to the Agreement, or the relationship between the User and the company (“Dispute”) shall be determined exclusively by binding arbitration. However, the Dispute does not include any claim with respect to the infringement, protection or validity of intellectual property rights or a claim brought in small claims court.
The User agrees that the Dispute shall be resolved as the following procedures:
The User shall provide the company with the written notice (“Notice”) regarding the Dispute to the SSS customer support center (ssshelp@wemade.com) or the game support center in order to resolve the Dispute. Such Notice shall state the information including but not limited to the name, address, and contact information of the party giving it, the facts giving rise to the Dispute, and a proposed solution. If the User and the company do not reach an agreement to resolve the Dispute within 30 days after the Notice is received, the User may commence an arbitration proceeding.
The arbitration shall be administered by International Court of Arbitration of the International Chamber of Commerce (“ICC”) in Singapore under the Rules of Arbitration of the International Chamber of Commerce (“ICC Rules”) then in effect. The ICC Rules are available at https://iccwbo.org/dispute-resolution/dispute-resolution-services/arbitration/rules-procedure/2021-arbitration-rules/.
THE USER AGREES THAT ANY AND ALL ARBITRATION SHALL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT ON A COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE CLASS ACTIONS. THE USER ACKNOWLEDGES AND AGREES THAT THE USER IS WAIVING THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION TRIED OR CHALLENGED BY A JURY.
All Disputes in relation to this Agreement must be raised in the binding arbitration process within 1 year.
The 1 year period starts from the time when the company receives the user’s Notice. It is permanently forbidden if the Dispute is not raised within 1 year.