Terms of Use for Content Creators

Welcome to lurkit.com! By visiting this website and accessing the information, services and products Lurkit AB ("Lurkit, we or us") provide at lurkit.com, you understand and agree to accept and adhere to these Terms of Use for content creators ("Terms of Use").

Description of lurkit.com

lurkit.com is a sophisticated ecosystem for data driven collaborations between game developers, publishers and content creators. Our mission is to deliver the best ecosystem that connects all major stakeholders in gaming for commercial and creative growth.

You and your Account

When creating an account at lurkit.com ("Account"), you warrant that the information provided by you is complete and accurate. You are furthermore solely responsible for safeguarding the password you use to access your Account at lurkit.com and for any activities or actions in your Account. You agree to notify us without delay in the event there is a risk of unauthorized access or use of your Account.

You must be at least 13 years old to create an Account at lurkit.com or such minimum required age in your country which allows (I) for collection of your personal data or (II) for you to agree to these Terms of Use. If we learn that personal data of persons less than 13 years old or the lesser age required in your country, has been collected on lurkit.com, we will take the appropriate steps to delete this information and delete your Account at lurkit.com.

Lurkit provide various services and tools for you as a content creator ("Content Creator") for free such as:

• Hosted Creator Page
• Social media, stream and video analytics
• AI-marketing on lurkit.com
• Access to Quests

It is noted by you that we may use your data in an aggregate manner for statistical purposes when we provide some of the above-mentioned services and tools. If you are interested in more information about how we process your data, please read our Privacy Policy.

User Content

lurkit.com presents user generated content in the form of streams, videos and social media posts and text news from users’ streaming, video and social media networks and other information ("Content").

You represent that you have the right to use and share Content which you make available at lurkit.com, and that such Content, or its use by us as contemplated, does not violate these Terms of Use, the Terms of Use of any third party (such as YouTube), applicable law, or the intellectual property rights of others. By making the Content available, you especially represent and warrant that:

• the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
• the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing); and
• the Content is not pornographic, does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party.

Responsible Use and Conduct

Any action by you that, in our sole discretion: (i) violates the Terms of Use; (ii) restricts, inhibits or prevents any access, use or enjoyment of lurkit.com; or (iii) through the use of your Account, defames, abuses, harasses, offends or threatens, shall not be permitted, and may result in your loss of the right to access and use lurkit.com and/or your Account.

Lurkit reserve the right to suspend or discontinue the availability of lurkit.com and its products and services, including but not limited to the Creator Program, and/or your Account or any portion or feature of the same at any time in our sole discretion and without prior notice. Your access to lurkit.com and/or your Account may furthermore be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of lurkit.com or other actions that Lurkit, in its sole discretion, may elect to take.

Key Campaigns

lurkit.com allows companies, such as publishers and developers, ("Companies") to submit requests for services to create content with Companies’ products or services on a platform provided on lurkit.com ("Keys"). Content Creators will have the possibility to accept or reject for performing the requested services within Keys After joining a campaign a Content Creator have 30 days to create and submit coverage for the game. If no content is submitted during the 30 days the completion rate will decrease. The higher the completion rate is the more likely is it to receive new game keys.

Quests

lurkit.com allows Companies, such as publishers and developers, to submit requests for services to create content with Companies’ products or services on a platform provided on lurkit.com ("Quests"). Content Creators will have the possibility to accept, reject or submit a counteroffer for performing the requested services within Quests. Once a bid for a service is accepted by both a Company and a Content Creator the Company will deposit the payment for the services through Stripe. When the Content Creator has performed the requested services the Content Creator will submit a link to the delivered services for approval by the Company. Once the Company has approved the delivered services, you as a Content Creator undertakes to not remove, alter or otherwise adjust the content delivered under a Quest for a period of 90 days unless otherwise agreed in writing with the Company. In case the Company has not accepted the services within a stipulated time frame, or if the Company and Content Creator disagree on the performed services, Lurkit will have the sole discretion to review and decide on the outcome.

Companies and Content Creators acknowledge that Lurkit acts only as an intermediate by providing Quests as a platform for exchanging offers and acceptance between Companies and Content Creators.

Companies using Quests are responsible for providing clear descriptions of the deliverables the Content Creator should deliver.

All payment transactions between Companies and Content Creators are handled through Stripe, and under no circumstances will Lurkit be liable for any Content Creators services nor Companies’ payment obligations. You are responsible for any and all taxes and fees arising out of your use of the Service.

Description of Creator Program

Lurkit also provides you as a Content Creator and Companies an opportunity to engage and collaborate through a product called creator program ("Creator Program") that is developed with the aim to make community curation workflows simpler, more cost-effective, and simply better. The Creator Program also provides an opportunity for you to engage with Companies by meeting and accepting customized missions and performance goals ("Missions") and thereafter receiving customized rewards ("Rewards").

When using Creator Program you are responsible for following any instructions given by Lurkit and/or the Company from time to time regarding the process and/or requirements for accepting Missions and receiving Rewards. This means that you will always use a professional and ethical behaviour, including adherence to applicable laws and regulations, in your services under a Mission and receipt of Rewards as well as in your interaction with applicable Company. You furthermore acknowledge and agree to bear all costs and/or liabilities associated with providing your services within a Mission, unless otherwise agreed in writing.

You furthermore acknowledge and accept that the Company is solely liable for promises and other commitments made by the Company regarding the design and/or execution of applicable Missions or Rewards, including any Reward structure and payment of Rewards. Hence, the Company decides how Rewards are determined, when and how payment will be made, and any other conditions that must be met before the Reward is released. This means that any claim regarding the design and/or execution of applicable Missions or Rewards shall be directed towards the Company, not Lurkit.

Intellectual Property Rights

Lurkit’s names, graphics, logos, page headers, button icons, scripts, and service names are our trademarks and/or trade dress in Sweden and/or other countries (collectively, the "Proprietary Marks"). You may not use the Proprietary Marks without Lurkit’s prior written permission. Any third party names, trademarks, and service marks are property of their respective owners.

Lurkit furthermore owns the copyright to collective work in the selection, coordination, arrangement, presentation, display and enhancement of Insights, Campaigns, Content, Quests and/or Creator Program. All software used on or within lurkit.com is Lurkit’s property or the property of our software vendors and is protected by Swedish and international copyright laws.

Limitation of Warranties

You understand and agree that lurkit.com and its products and services, including but not limited to the Creator Program, is provided "as is" and "as available". This means that we do not represent or warrant to you that:

1. The use of lurkit.com will meet your needs or requirements.
2. The use of lurkit.com will be uninterrupted, timely or free from errors.
3. The information obtained by using lurkit.com will be accurate or reliable, and any defects in the operation or functionality of any lurkit.com we provide will be repaired or corrected.

Furthermore, you understand and agree that:

4. Any content downloaded or otherwise obtained through the use of lurkit.com is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such Content.
5. No information or advice, whether expressed, implied, oral or written, obtained by you from lurkit.com or Lurkit or through any stream we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in these Terms of Use.
6. You shall bear all responsibility for any and all taxes, duties, or fees ("Taxes") associated with your use of lurkit.com. Especially any Taxes that may arise from any Rewards given to a you. Lurkit is not liable for determining, collecting, reporting, or remitting any such Taxes. In the event of a tax authority requiring Lurkit to pay such Taxes on behalf of you, you will indemnify Lurkit for the paid amount plus any applicable penalties and interest.

Limitation of Liability

All Content publicly posted by you in your Account and/or outside the Account is the sole responsibility of you.

Under no circumstances will Lurkit be liable for your Content, including, but not limited to, any errors or omissions in any Content, any loss or damage of any kind incurred as a result of any Content posted, emailed, transmitted or otherwise made available by you in your Account or elsewhere. Lurkit will furthermore not be liable for that lurkit.com and its products and services (I) will meet your needs or requirements, (II) will be uninterrupted, timely or free from errors, (III) accurate or reliable or (IV) is changed and/or dissolved due to that a platform such as Twitch and YouTube have changed and/or restricted Lurkit’s use of applicable public API:s to create the Content.

Lurkit shall furthermore under no circumstances be liable to you for any indirect damages, including but not limited to, loss of profit, loss of goodwill or reputation, loss of opportunity or loss of data. The total liability of Lurkit shall also be limited to a maximum amount equivalent to the fees paid under these Terms of Use during the twelve-month period preceding the action giving rise to the applicable damages.

Indemnification

You agree to indemnify and defend Lurkit from and against all claims, actions, proceedings, costs (including reasonable legal fees), expenses, losses, damages (other than consequential damages) and liabilities arising from any claim by a third party regarding the Content publicly posted by you in your Account or elsewhere that violates any civil or criminal law or regulation or infringes such third party’s intellectual property rights.

Links

lurkit.com may contain links to third party websites or resources. Under no circumstances will Lurkit be responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Lurkit of such websites or resources or the content, products, or services available from such websites or resources.

You are solely responsible for all risks arising from any use of such websites or resources and/or any amendment of links to such third party websites or resources to your Account.

Privacy

Your privacy is very important to us. Please read our Privacy Policy where we explain in detail how we process your personal data.

Entire agreement

These Terms of Use are the entire and exclusive agreement between Lurkit and you regarding lurkit.com.

Lurkit reserve the right to update, amend and/or change these Terms of Use at any time in our sole discretion and without notice. Updates to these Terms of Use will be posted on www.lurkit.com. Amendments will take effect immediately upon us posting the updated Terms of Use. You are encouraged to revisit the Terms of Use from time to time in order to review if any changes have been made.

Termination of Terms of Use

These Terms of Use will continue to apply until terminated by either you, through deactivating your Account and/or discontinuing your use of lurkit.com, or by Lurkit at any time in its sole discretion and without prior notice.

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of Sweden, excluding its conflict of laws principles providing for the application of the laws of any other jurisdiction.

Any dispute, controversy or claim arising out of or in connection with these Terms of Use shall be finally settled by Swedish courts, with the Stockholm district court as the court of first instance.

Contact Information

If you have any questions about these Terms of Use, you can contact us at support@lurkit.com or at the following address: Lurkit AB, org. no. 559033-9973, Fridtunagatan 33, 582 13 Linköping.