Terms of Service

This Terms of Service Agreement (the "Agreement" or "Terms") is between Realms.tv ("Company," "we," "us," or "our") and you ("you" or "your"). This Agreement governs your use of Company-owned and operated websites, applications, and services (collectively, the "Services"), including our Platform, Realms, Lobbies, Studio, Apps, and Livestream features.

IMPORTANT NOTICE REGARDING ARBITRATION: Section 12 of this Agreement contains a mandatory arbitration provision for certain privacy-related claims. By using our Services, you agree to resolve covered disputes through binding arbitration rather than in court, waive your right to a jury trial, and waive your right to participate in class actions or representative proceedings with respect to such claims. Please read Section 12 carefully.

1. Acceptance of Terms

Agreement to Terms: By creating an account, accessing or viewing content, making a purchase, creating or managing a Realm, or otherwise using our Services, you accept this Agreement and consent to enter into a binding contract with us electronically.

Authority to Bind: If you are using the Services on behalf of an organization or entity, you represent and warrant that you have authority to bind that entity to this Agreement. In such cases, "you" refers to both the entity and any individual authorized to access the account.

Modifications: We may modify this Agreement by posting a revised version on our website. Material changes will be noted by updating the "Last Updated" date. Your continued use of the Services after any modification constitutes acceptance of the revised Agreement. If you do not agree to a modification, you must stop using the Services and, if applicable, cancel your account.

Additional Terms: This Agreement incorporates by reference our Privacy Policy, Creator Guidelines, and any applicable addenda, including our Seller Addendum, Video Creation Addendum, and Enterprise Terms. In the event of a conflict between this Agreement and any addendum, the addendum controls with respect to its subject matter.

2. Our Services

Service License: Subject to your compliance with this Agreement, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services. This includes the right to:

• Stream, upload, store, and livestream video content, subject to your plan and applicable content restrictions;
• Create, manage, and participate in Realms and communities;
• Use Platform features including Lobbies, Studio, Apps, and related functionality; and
• Access monetization features, subject to the Seller Addendum.

Features and Plans: Available features depend on your subscription plan. We may modify, add, or discontinue features at any time. For paid accounts, we will provide the core features included in your plan during your current billing period. Feature changes will not reduce core functionality you have paid for during an active subscription period.

Bandwidth Fair Use Policy: We generally do not impose additional fees for bandwidth consumption on Self-Serve accounts. However, if your aggregate bandwidth usage across all accounts you control exceeds that of 99% of Self-Serve users in any calendar month, we may, at our discretion and upon advance written notice: (a) charge fees for excessive usage; (b) require you to upgrade to a more suitable plan; or (c) terminate your account.

Downloadable Software: We may offer applications for various devices ("Apps"). Subject to your compliance with this Agreement, we grant you a limited, non-exclusive, non-transferable, revocable license to download and use our Apps. We may update Apps at any time. You are responsible for using the most recent compatible version. Additional terms for specific Apps may apply.

Monetization: We may enable you to monetize content through premium subscriptions, tips, digital products, event tickets, and other means. All monetization activities are governed by our Seller Addendum. You are solely responsible for compliance with applicable tax laws and regulations related to your earnings.

Third-Party Services and Integrations: The Services may include links to or integrations with third-party websites, services, or payment processors (including Stripe, CCBill, PayPal, and others). Your use of any third-party service is subject to that service's terms and policies. We are not responsible for third-party services, and your relationship with payment processors for transactions on your Realm is between you and that processor.

Enterprise Services: We may offer enterprise-level Services pursuant to individually negotiated agreements. Enterprise Services are governed by our Enterprise Terms.

3. Accounts

Registration: You may create an account to access certain features. Registration requires a valid email address. By creating an account, you consent to receive notices and communications from us at the email address you provide. You are responsible for keeping your contact information current.

Age Requirements:

• General Requirement: You must be at least 13 years old to create an account or use the Services. If you are under 18 (or the age of majority in your jurisdiction, if greater), you may only use the Services with the involvement and consent of a parent or legal guardian who agrees to be bound by this Agreement.
• Commercial Use: You must be at least 18 years old to use the Services for any commercial purpose, including operating a monetized Realm.
• Age-Restricted Content: Certain Realms or content may be restricted to users 18 years or older, or 21 years or older where required by applicable law (such as for alcohol or cannabis-related content). Realm Owners may implement age verification through third-party services (such as Yoti) at their discretion. By accessing age-restricted content, you represent that you meet the applicable age requirement.

Parental Responsibility: If you permit a minor to use the Services through your account, you are fully responsible for supervising their activity and ensuring their use complies with this Agreement. If you believe a minor is using an account without proper authorization, contact us immediately.

Team Members: Certain plans permit you to grant access to additional users ("Team Members"). Each Team Member must create their own account with unique credentials. You are responsible for Team Member actions and compliance with this Agreement.

Account Security: You are responsible for all activity under your account, including unauthorized activity. You must maintain the confidentiality of your credentials and may not share them. You must log out after sessions on shared devices. If you become aware of any unauthorized access, you must immediately change your password and notify us.

4. Subscription Plans

Plan Types: We offer free (Basic) plans and paid subscriptions. Paid plans include Self-Serve plans (purchased online) and Enterprise plans (negotiated individually). Advertised prices and features are subject to change.

Fees and Payment: You must pay all applicable fees and taxes during your subscription period and any renewals. Fees may include fixed monthly or annual charges plus variable fees for transactions or usage. We may adjust fees upon notice before your next billing cycle. If you do not accept a fee change, you may cancel before the new fees take effect.

Free Trials and Promotions: We may offer free trials or promotional pricing. When a trial ends, your paid subscription begins automatically (unless canceled), and you must pay the applicable fee. Promotional pricing applies only to the initial period; renewals are charged at the standard rate unless otherwise specified.

Refund Policy: Self-Serve subscribers who purchase directly from our website may request a full refund within thirty (30) days of purchasing an annual plan or five (5) days of purchasing a monthly plan. This refund policy does not apply to:

• In-app purchases (which are governed by the applicable app store's policies);
• Accounts that have used more than 25% of plan capacity;
• Fees charged after a free trial period ends;
• Repeat or abusive refund requests;
• Requests made after the applicable refund period;
• Accounts terminated for breach of this Agreement;
• Purchases made under promotions that disclaimed refund eligibility;
• Accounts subject to chargeback disputes; or
• Enterprise plan customers (governed by Enterprise Terms).

Automatic Renewal: Subscriptions renew automatically at the end of each billing period unless canceled. Monthly plans renew for successive 30-day periods; annual plans renew for successive one-year periods. You authorize us to charge the applicable fee at each renewal. Unused storage, bandwidth, or other allowances do not roll over.

Cancellation: Self-Serve subscribers may cancel automatic renewal through account settings or by contacting support. Cancellation takes effect at the end of the current billing period; no partial refunds are provided for unused time. Enterprise customers may cancel according to their Enterprise Terms.

Account Lapse: When a paid subscription ends without renewal, we may, at our discretion, downgrade your account to Basic (free) status or delete it. Content exceeding Basic plan limits may be deleted. You are solely responsible for archiving your content before your subscription ends. We are not liable for any content loss following account lapse.

In-App Purchases: Subscriptions purchased through app stores are billed by the app platform. Automatic renewal settings and refund requests for in-app purchases must be managed through the app platform, not through us.

Resale Prohibited: You may not sell, resell, rent, lease, or distribute any plan or aspect of the Services to third parties without our prior written authorization.

5. Acceptable Use Policy

You are responsible for ensuring that all content you submit and your conduct on the Services complies with this Acceptable Use Policy. We may (but are not obligated to) monitor accounts and content. We may remove content or restrict access to any account that we determine, in good faith, violates this Policy.

5.1 Copyright and Intellectual Property

You may only upload content that you own or have the right to use and distribute. Copyright owners may submit takedown notices for allegedly infringing content pursuant to Section 5.6. We will terminate accounts of repeat infringers in appropriate circumstances.

5.2 Prohibited Content

You may not submit content that:

• Infringes any third party's intellectual property rights, including copyrights, trademarks, patents, or trade secrets;
• Violates any third party's rights of privacy or publicity;
• Is defamatory, libelous, or fraudulent;
• Constitutes harassment, bullying, or threats directed at any individual or group;
• Contains hateful or discriminatory speech targeting individuals or groups based on protected characteristics;
• Promotes, supports, or glorifies terrorism, violent extremism, or hate groups;
• Sexually exploits, endangers, or depicts minors in any harmful manner;
• Depicts or encourages self-harm, suicide, or eating disorders;
• Contains unlawful depictions of extreme violence, torture, sexual violence, or animal cruelty;
• Promotes fraudulent schemes, including pyramid schemes, Ponzi schemes, or deceptive multi-level marketing;
• Contains materially false health information likely to cause serious public harm;
• Contains false information intended to suppress voter participation or mislead voters about election procedures;
• Constitutes disinformation, including fabricated claims about real-world events, deepfakes presented as authentic, or demonstrably false content creating serious risk of harm; or
• Violates any applicable local, state, national, or international law.

For additional guidance, please review our Creator Guidelines.

5.3 Code of Conduct

When using the Services, you may not:

• Use offensive, explicit, or misleading usernames, avatars, or profile information;
• Impersonate any person, organization, or entity, or misrepresent your affiliation;
• Harass, stalk, threaten, or intimidate any person;
• Exploit, harm, or attempt to harm minors in any way;
• Distribute unsolicited commercial messages ("spam") or use misleading metadata;
• Collect, harvest, or store personal information about other users without authorization;
• Access another user's account without permission;
• Circumvent any age restrictions, geographic restrictions, or access controls;
• Violate any applicable law, including U.S. export control and sanctions laws;
• Embed our video player on or provide links to sites that contain content prohibited by Section 5.2; or
• Encourage or assist others in violating this Code of Conduct.

5.4 Technical Restrictions

You may not:

• Scrape, crawl, or use automated means to access the Services except as permitted by our robots.txt or with written permission;
• Reproduce, redistribute, publicly display, or create derivative works from the Services except as expressly permitted;
• Decompile, reverse engineer, or disassemble any aspect of the Services;
• Circumvent security measures, rate limiting, content filtering, or digital rights management;
• Remove, alter, or obscure any proprietary notices, watermarks, or branding;
• Upload malicious code, viruses, or any software intended to damage or interfere with the Services;
• Overload our infrastructure with excessive requests or denial-of-service attacks; or
• Interfere with or disrupt the Services or servers or networks connected to the Services.

5.5 Restricted Users

You may not use the Services if you:

• Are designated as a terrorist organization or hate group, or are a member of such an organization;
• Are listed on any U.S. government restricted parties list, including the Specially Designated Nationals List; or
• Are subject to sanctions that would require us to block your access in a substantial number of jurisdictions where we operate.

You may not purchase services from us if doing so would violate U.S. sanctions. You represent and warrant on an ongoing basis that you comply with these restrictions.

5.6 Copyright Infringement Claims (DMCA)

We respond to notices of alleged copyright infringement in accordance with the Digital Millennium Copyright Act ("DMCA"). If you believe content on the Services infringes your copyright, you may submit a takedown notice to our designated agent:

Your notice must include: (1) identification of the copyrighted work; (2) identification of the allegedly infringing material and its location; (3) your contact information; (4) a statement of good faith belief that the use is unauthorized; (5) a statement under penalty of perjury that the information is accurate and you are authorized to act on behalf of the copyright owner; and (6) your physical or electronic signature.

5.7 Accessibility

We provide tools to add closed captions to videos. Where required by applicable law, you must provide closed captions for your content.

6. Licenses Granted by You

You retain ownership of all intellectual property rights in content you submit. To enable us to operate the Services, you grant us the limited licenses described below.

6.1 Video Content License

By submitting video content, you grant us a non-exclusive, worldwide, royalty-free license to:

• Host, store, and stream the video to authorized viewers;
• Transcode, compress, and optimize the video for delivery across devices and networks;
• Generate thumbnails, previews, and stills from the video;
• Embed or distribute the video via our APIs and authorized third-party integrations;
• Display the video's title, description, tags, and metadata in connection with the video; and
• Make technical modifications as necessary to provide the Services or as you direct.

This license is limited to what is necessary to operate and provide the Services. We will respect your privacy settings and distribution preferences.

6.2 Profile License

You grant us permission to display your name, username, likeness, biography, trademarks, logos, and other identifiers in your profile to the public or audiences you specify. We may identify public profiles in marketing materials. You may revoke this license by deleting your account.

6.3 Feedback

If you provide suggestions, ideas, or feedback about the Services, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use that feedback for any purpose without compensation to you.

6.4 User-Generated Content

For content not covered above (such as comments, posts, and community contributions), you grant us a non-exclusive, worldwide, royalty-free license to copy, display, distribute, and transmit such content in connection with operating the Services.

6.5 License Terms

All licenses in this Section 6: (a) include the right to sublicense to service providers and partners as necessary to provide the Services; (b) include all rights necessary to exercise the licenses granted; and (c) survive termination only to the extent necessary to complete pending operations or as otherwise specified. You waive any moral rights to the extent permitted by law.

7. Your Representations and Indemnification

7.1 Representations and Warranties

For each piece of content you submit, you represent and warrant that:

• You own the content or have all necessary rights to submit it and grant the licenses in this Agreement;
• The content does not require us to obtain additional licenses or pay royalties to any third party;
• You have obtained all necessary releases and permissions from individuals appearing in the content;
• The content does not infringe any third party's rights, including intellectual property, privacy, and publicity rights;
• The content complies with this Agreement, our Creator Guidelines, and all applicable laws; and
• All factual statements in the content are true or clearly identified as opinion or fiction.

7.2 Indemnification

You agree to indemnify, defend, and hold harmless the Company and its subsidiaries, affiliates, officers, directors, employees, agents, and successors from any claims, demands, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or relating to: (a) content you submit; (b) your use of the Services; (c) your violation of this Agreement; (d) your violation of any third party's rights; or (e) your violation of applicable law. We reserve the right to assume exclusive defense of any matter subject to indemnification, at your expense.

8. Realm Owners and Managers

8.1 Realm Ownership

A "Realm Owner" is the user who creates a Realm or to whom ownership has been transferred. Realm Owners have primary responsibility and authority over their Realm, including content moderation, community rules, monetization, and user management.

8.2 Realm Manager Responsibilities

Realm Owners may designate additional users as managers or moderators ("Realm Managers"). By accepting a management role, Realm Managers agree to:

• Comply with this Agreement, including the Acceptable Use Policy;
• Enforce the Realm's community guidelines consistently;
• Promptly address reported violations of this Agreement within their Realm;
• Remove prohibited content when identified or reported; and
• Cooperate with Company requests regarding content moderation.

8.3 Delegation Does Not Eliminate Responsibility

Realm Owners remain ultimately responsible for all content and activity within their Realm, regardless of delegation to Realm Managers. Failure by a Realm Owner or Manager to address violations may result in warnings, content removal, or termination of the Realm and associated accounts.

8.4 Age-Restricted Realms

Realm Owners may designate their Realm as age-restricted (18+ or 21+). Realm Owners who enable age restrictions are responsible for: (a) clearly communicating age requirements; (b) implementing appropriate age verification if they choose to use such tools; and (c) ensuring content complies with applicable laws regarding age-restricted material. Implementation of age verification through third-party services (such as Yoti) is at the Realm Owner's discretion and expense.

8.5 Monetization Responsibilities

Realm Owners who enable monetization are solely responsible for: (a) compliance with applicable tax, consumer protection, and financial regulations; (b) their relationship with payment processors; (c) customer service and dispute resolution with their paying users; (d) refund policies for their products and services (subject to payment processor terms); and (e) accurate representation of paid offerings. We retain our platform fees on transactions regardless of subsequent refunds or disputes.

9. Term and Termination

Term: This Agreement begins when you first access the Services and continues until terminated. Paid subscriptions continue for the subscription period and renew as described in Section 4.

Termination by You: You may terminate this Agreement at any time by deleting your account. For paid accounts, cancellation takes effect at the end of the current billing period.

Termination by Us: We may terminate or suspend your account:

• For convenience, upon thirty (30) days' written notice (for free accounts);
• Immediately, without notice, if you breach this Agreement;
• Immediately, if required by law or to prevent harm to others; or
• Immediately, if your Realm fails to address reported violations within a reasonable time (typically seven days) after receiving a warning.

Effect of Termination: Upon termination: (a) your right to access the Services ceases immediately; (b) we may delete your account and content; (c) you remain liable for any fees owed; (d) if terminated for breach, any pending payments to you may be forfeited; and (e) you may not create a new account if terminated for breach.

Survival: The following sections survive termination: Section 6 (Licenses, to the extent specified), Section 7 (Representations and Indemnification), Section 10 (Disclaimers), Section 11 (Limitation of Liability), Section 12 (Disputes), and Section 13 (General Provisions).

10. Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT:

• The Services will be uninterrupted, error-free, secure, or available at any particular time or location;
• Defects will be corrected or that the Services are free of viruses or harmful components;
• The Services will meet your requirements or expectations;
• Any content will remain available or that we will host any particular content;
• Any user content is accurate, reliable, or legal;
• Geographic restrictions, age verification, or digital rights management will be effective;
• The Services comply with industry-specific requirements such as HIPAA, GLBA, PCI-DSS, or similar standards;
• The Services will be compatible with any particular device, browser, or third-party service; or
• Results obtained from the Services will be accurate or reliable.

YOU USE THE SERVICES AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR LOSS OF DATA.

11. Limitation of Liability

Exclusion of Damages: TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA, CONTENT, BUSINESS OPPORTUNITIES, OR OTHER INTANGIBLE LOSSES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Liability Cap: TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THIS AGREEMENT OR THE SERVICES SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNTS YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM; OR (B) ONE HUNDRED U.S. DOLLARS ($100).

Basis of the Bargain: THE LIMITATIONS IN THIS SECTION REFLECT A REASONABLE ALLOCATION OF RISK AND ARE A FUNDAMENTAL BASIS OF THE BARGAIN BETWEEN US. THE SERVICES WOULD NOT BE PROVIDED WITHOUT THESE LIMITATIONS.

Exceptions: Nothing in this Agreement excludes or limits liability that cannot be excluded or limited under applicable law.

12. Disputes, Arbitration, and Choice of Law

Informal Resolution: Before initiating any formal dispute resolution, you agree to contact us and attempt to resolve any dispute informally for at least thirty (30) days. Most concerns can be resolved this way.

12.1 Governing Law

This Agreement and all disputes arising from it are governed by the laws of the State of Wisconsin and applicable federal law, without regard to conflict of law principles. The Federal Arbitration Act governs the arbitration provisions.

12.2 Venue for Litigation

For disputes not subject to arbitration, you and the Company consent to exclusive jurisdiction and venue in the state courts of Dane County, Wisconsin, or the United States District Court for the Western District of Wisconsin. YOU AND THE COMPANY WAIVE ANY RIGHT TO A JURY TRIAL IN ANY SUCH PROCEEDING.

12.3 Arbitration of Privacy Claims

Covered Claims: Any dispute arising from or relating to: (i) our collection, use, storage, or transfer of your Personal Information; (ii) an alleged breach of our Privacy Policy; (iii) an alleged data breach or unauthorized disclosure; or (iv) any alleged failure to comply with privacy or data security obligations (collectively, "Covered Privacy Claims") shall be resolved exclusively through binding arbitration.

Arbitration Process: Arbitration shall be administered by a mutually agreed neutral arbitrator or, failing agreement, by JAMS under its Streamlined Arbitration Rules. The arbitration shall take place in Dane County, Wisconsin, unless the parties agree otherwise or the arbitrator determines another location is appropriate. The arbitrator may award any relief available in court.

Class Action Waiver: YOU AND THE COMPANY AGREE THAT EACH MAY BRING COVERED PRIVACY CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.

Definition of Personal Information: "Personal Information" means information about you, including registration data, payment information, device information, IP address, and activity data, but excludes content you upload (except to the extent it contains personal information about you).

12.4 Exceptions to Arbitration

Either party may seek injunctive relief in court for intellectual property infringement or unauthorized access to the Services. Small claims court actions are also exempt from arbitration.

13. General Provisions

Entire Agreement: This Agreement, together with the Privacy Policy, Creator Guidelines, and applicable addenda, constitutes the entire agreement between you and the Company regarding the Services and supersedes all prior agreements and understandings. If you have a separately executed agreement with us, conflicting terms in that agreement control.

Amendments: We may amend this Agreement as described in Section 1. No other amendments are effective unless in a writing signed by authorized representatives.

Waiver: Our failure to enforce any provision is not a waiver of that provision or any other provision. Any waiver must be in writing and signed by us.

Severability: If any provision is held invalid or unenforceable, it shall be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible, and the remaining provisions shall continue in full force.

Assignment: You may not assign this Agreement without our prior written consent. Any attempted assignment in violation of this Section is void. We may assign this Agreement freely. This Agreement binds and benefits the parties and their permitted successors and assigns.

No Third-Party Beneficiaries: This Agreement does not create any third-party beneficiary rights except as expressly stated.

Force Majeure: We shall not be liable for delays or failures in performance resulting from circumstances beyond our reasonable control, including natural disasters, pandemics, war, terrorism, riots, labor disputes, government actions, utility or telecommunications failures, or cyberattacks.

Independent Contractors: The parties are independent contractors. Nothing in this Agreement creates a partnership, joint venture, agency, or employment relationship.

Export Compliance: You agree to comply with all applicable export and import laws and regulations. You may not use or export the Services in violation of U.S. law.

Language: The English version of this Agreement controls. Translations are provided for convenience only.

Contact and Notices: Legal notices to the Company must be sent to:

We may send notices to you at the email address associated with your account.

Related Documents

• Privacy Policy
• Creator Guidelines
• Seller Addendum
• Video Creation Addendum
• Enterprise Terms