FrostyTools Terms of Service

Last updated: August 6th, 2024

Please read these Terms of Service (“Terms”, “Terms of Service”) carefully before using the frostytools.com website, products and services (collectively, the “Service“, or “Services”) operated by FrostyTools (“us”, “we”, or “our”).

Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. FrostyTools reserves the right, in its sole discretion, to restrict, suspend, or terminate your access to and use of the Service.

Our Services

FrostyTools provides various digital services and tools for live streamers. FrostyTools is available via https://frostytools.com/ and related domains, as well as through its interactions with various third party platform integrations ("TPPIs") such as Twitch.

Acceptable Use

You must be at least 13 years old to use the Service. If you are under 18 you must have your parent or legal guardian’s permission to use the Service.

You agree not to share, transfer, or sell your account. You are responsible for all activities on your account.

You agree not to use the Service in any way that causes, or may cause, damage to the Service or impairment of the availability or accessibility of the Service. You agree not to use the Service for unlawful, illegal, fraudulent or harmful activities, including but not limited to hate, harassment, violence, political manipulation, spam, or malware.

You agree not to conduct any systematic or automated data collection activities (including scraping, data mining, data extraction or data harvesting) on or in relation to the Service. Prohibited data collection includes, but is not limited to, using the Services as input into other services, websites, or databases.

You agree not to republish any content generated by the Service outside of the context where the Service provided the content, except for the purpose of sharing honest and genuine representations, such as screenshots, video clips, or quotations, on platforms like social media, provided that you do not misrepresent the source or nature of the content. Misrepresentation of the source of the content or the nature of its creation is strictly prohibited and may result in suspension or termination of your account.

You agree not to modify, alter, or tamper with the code, or outputs thereof, of the Service on the client-side, manipulate network protocols, or interfere with the server. Unauthorized attempts to modify the end-result output of FrostyTools through any means, including but not limited to client-side manipulation, network protocol interference, or server-side tampering, may result in the suspension or termination of your account. Any such actions to reverse engineer, copy, reproduce, or otherwise disrupt the Service’s code, functionality, or output are strictly prohibited.

User-Generated Content

The Services may allow you to upload, submit, store, send, receive, or stream content. You retain ownership of any intellectual property rights that you hold in that content. In short, what belongs to you stays yours.

When you link to, upload, submit, store, send, receive, or stream content to or through the Service, you give us (and those we work with) a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your content works better with the Service), communicate, publish, publicly perform, publicly display, distribute, and stream such content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Service, and to develop new ones. Make sure you have the necessary rights to grant us this license for any content that you submit to our Services.

You understand that all information, data, text, software, music, sound, photographs, graphics, video, streams, messages, tags, metadata, or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not FrostyTools, are entirely responsible for all Content that you upload, post, email, transmit, stream, or otherwise make available via the Service. FrostyTools does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will FrostyTools be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted, streamed, or otherwise made available via the Service.

You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by the Service or submitted to the Service.

You acknowledge and agree that FrostyTools may preserve Content and may also disclose Content if required to do so by law.

Intellectual Property Rights

FrostyTools acknowledges and respects the intellectual property rights of all individuals and entities, and expects all users of the Service to do the same. As a user of the Service, you are granted access for your own personal, non-commercial use only. Any attempts to reverse engineer, copy, reproduce, re-sell, or otherwise steal intellectual property from the Service will not be tolerated and may result in legal action.

FrostyTools takes all allegations of copyright infringement seriously and will respond promptly to any notices that comply with applicable laws and are properly provided to us. If you believe that your work has been used in a manner that constitutes copyright infringement, please email us at [email protected].

Limitation of Liability

In no event shall FrostyTools, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your streams, transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

We strive to provide a high-quality, reliable Service to the best of our capabilities. However, FrostyTools, its owner(s), subsidiaries, affiliates, shareholders, and its licensors do not and cannot warrant that (a) the Service will function uninterrupted, secure or available at any particular time or location; (b) any errors or defects will be corrected; (c) the Service is free of viruses or other harmful components; nor (d) the results of using the Service will meet your requirements.

Indemnification

You agree to defend, indemnify and hold harmless FrostyTools and its owner(s), licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of (a) your use and access of the Service, by you or any person using your account and access credentials; (b) a breach of these Terms, or (c) Content posted on the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will attempt to provide at least 10 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

After modification, we will post the revised Terms and update the “Last updated” date above. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please cease using the Service.

Contact Us

If you have any questions about these Terms, please contact us at [email protected] or via Discord.