Acceptance of Terms. STREAMSIX Inc. (“STREAMSIX”) owns and operates the Internet site located at http://www.STREAMSIX.com and the software programs STREAMSIX made available at that Internet site as well as made available at various App Stores (the “Application”). The terms “we”, “us” and “our” refer to STREAMSIX and its related or affiliated companies and our websites.



“STREAMSIX” or “Leviathan” or other applications advertised on STREAMSIX.com are applications for mobile devices, provided by STREAMSIX.



By downloading the Application, you are agreeing to comply with and be bound by these Terms of Use (the “Agreement”), and policies, rules and guidelines applicable to the Application and posted on our website, including, but not limited to, the Privacy Policy.



IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT USE THE APPLICATION. If you do not agree to be bound by this Agreement and to follow all applicable laws, you should discontinue use of the Application immediately.



We reserve the right, at any time, to modify, alter, or update this Agreement. Your continued use of the Application following any such change signifies your agreement to follow and be bound by this Agreement as changed. Such changes, modifications, additions or deletions will be effective immediately upon notice to you, which may be given by any means, including but not limited to posting on the website where this Agreement is posted. You agree to regularly review this Agreement and to be aware of such revisions. If you do not agree to such changes, you must cease use of the Application.



This Agreement applies to all users of the Application. As a user, you represent and warrant that you are fully able and competent to enter into the terms and conditions set forth in this Agreement, and that you agree to comply with this Agreement. In cases where you have authorized a minor to use the Application, you recognize that you are fully responsible for: (i) the minor’s use of the Application; (ii) controlling the minor’s access to and use of the Application; and (iii) the consequences of any misuse by the minor.



Registration. To access and use the Application, you may be required to register an account with us.

You agree to provide all information requested during the registration process, and use reasonable efforts to update the information on a timely basis. You may only register for one account, and it may only be used by one person. You acknowledge and agree that if you provide inaccurate information, or if we have reason to believe that the information is inaccurate, we may deny you access to the Application and any prizes provided by us (if applicable).

You agree to be solely responsible for any activity that occurs on your account, and agree to be responsible for the security of your account and password.





Ownership. All information, including, without limitation, all text, source code, design, graphics, drawings, photographs, advertisements, video clips, music and sounds, and all trademarks, service marks and trade names and the selection and arrangements thereof comprised in the Application (“Application Content”) is, unless otherwise noted, subject to intellectual property rights including copyrights and trade-marks held by or licensed by us.





Licence and Licence Restrictions Subject to your agreement to and continued compliance with the terms and conditions of this Agreement, we hereby grants you a limited, non-exclusive, revocable license to download, install and use the Application and Application Content on your mobile device or any other device where our applications are available for download.

Except as expressly provided in this Agreement, no licence to use, copy, distribute, republish, transmit or otherwise exploit the Application or any Application Content is given to you and all intellectual property rights in and to the Application and the Application Content are expressly reserved to us or our licensors, as applicable.

You may not attempt, or authorize, encourage, or support others’ attempts, to translate, photograph for unlawful purposes, circumvent, modify, disassemble, decompile reverse engineer, decrypt, break or otherwise alter or interfere with the Application.

You acknowledge and agree that the Application is for your personal use only. You acknowledge and agree that you may not copy, distribute, sell, resell, or exploit for any commercial purposes any portion of the Application, unless you first obtain our prior written consent. Notwithstanding the foregoing, if you are a streamer, you may use and distribute the Application freely on your personal website or on a platform meant for the live streaming of games where your viewers can freely view your content.



Further, you may not develop, distribute or use any third party program designed to impact the Application experience, including without limitation software bots, cheats, hacks or any other software designed to provide a player with an advantage.

You agree to be fully liable for any unauthorized access to or use of the Application.

You may not connect to the Application server except by using an authorized, unmodified Application client as set forth herein.

Further, you may not use the Application client to connect to any server or service other than the Application server.

The license granted herein confers no title or ownership in the Application (including without limitation the Application client) and should not be construed as a sale of any rights to our games.

All right, title and interest in and to our games and any and all copies thereof (including without limitation any and all titles, computer code, technology, themes, objects, characters, character names, stories, dialog, catch phrases, locations, concepts, artwork, music, etc.) are owned by us or our licensors.

You agree that the Application may automatically download and install updates, upgrades and additional features that STREAMSIX deems reasonable, beneficial to you and/or reasonably necessary.

You acknowledge and agree that we shall have no obligation to support or make available any previous version of the Application. This Agreement shall apply to any updates, upgrades and/or additional features that are not distributed with a separate license or other agreement.



Notwithstanding the foregoing, you shall be permitted to use the Application to create, develop, upload, transmit, submit or otherwise make available to us and other users enhancements, modifications or other user generated content for the Application (“Modifications”) to be used on third party platforms (e.g.Twitch). For each Modification, you will provide accurate and complete disclosures of STREAMSIX’s intellectual property rights within the Modification, the security and data privacy measures and processes, and information pertinent to content ratings, and you are responsible for ensuring that the Modification remains compatible with the Application. You warrant that your Modifications will not (1) violate applicable law, (2) violate or infringe any third party rights, including intellectual property rights or privacy, publicity, or moral rights, or (3) contain viruses or malicious code or content. You acknowledge and agree that (1) you are not entitled to any compensation by STREAMSIX for your Modification (2) you shall only be entitled to revenue from your Modification if you obtain our prior written consent of enter into a separate revenue sharing agreement with us. By submitting Modifications to a third party platform, you hereby grant us a worldwide, non-exclusive, fully-paid, royalty-free, and irrevocable license to use, copy, modify, create derivative works from, distribute, publicly perform, and publicly display your Modifications for the purpose of enabling end users to install and use the Modifications and for other reasonable purposes. Further, you agree that we may modify, edit or revise your Modifications in any manner and that we are not required to associate your name with the Modifications when using the Modifications.



Furthermore, you are permitted to play our games on lawful streaming platforms (such as Twitch).



Use, Access, Term and Termination. This Agreement is effective until terminated, and those provisions which by their nature should survive termination shall survive termination, including without limitation those provisions addressing license limitations, disclaimer of warranties, limitation of liability, indemnification and ownership.

You may terminate this Agreement at any time by deleting the Application from all of your mobile devices and permanently destroying all copies of the Application and related documentation in your possession, including without limitation any and all Application clients installed on computers under your custody or control.

You agree to use the Application in a manner that complies with all applicable laws, rules and regulations, including, without limitation, those relating to use of mobile devices while operating a vehicle.

We reserve the right to deny, revoke or disable access to the Application, or any part thereof, at any time in its sole discretion, with or without cause and without notice to you, including without limitation, email notice to the last email address provided by you.

Upon termination of this Agreement, you must destroy all copies of the Application and related documentation in your possession, including without limitation any and all Application clients installed on computers under your custody or control.

You agree that you will comply with all applicable laws in connection with the Application client and this Agreement, including without limitation export control laws.

You must supply all necessary facilities, utilities and equipment necessary to play the Application, including appropriate computer equipment (if any) and Internet connections, at your sole risk and expense.

To facilitate product support, product development and improvement as well as provide other services to you, you agree that we may use various analytic technologies to collect, use, store and transmit technical and related information regarding your mobile device (including MAC Address and/or unique device id or UDID), IP address, geolocation, device make and model, operating system, software and applications, including application usage data. In addition, we and/or third parties may collect, store, use and transmit game play data, third party account authorization data, session data, browser identifiers, connection type, carrier information as well as online and Application usage and other metrics, statistics and/or analytics.

STREAMSIX operates in various countries. Personal information collected from or submitted by you through the Application may be transferred to and stored on servers and equipment located in a destination outside your country of residence. The servers and equipment on which your data is stored and processed may be owned and operated by third parties. In addition, STREAMSIX and those third parties may further transfer, store and process your personal information on servers and equipment located in other countries. You should be aware that the data protection laws of other countries may not be the same as the data protection laws of your country of residence. By submitting your personal information through an Application, you agree to the transfer, storage and processing of your personal information as described in this section. By participating in interactive games or services or the downloading and uploading of content, STREAMSIX may collect, use, store, transmit and publicly display statistical data regarding game play (including scores, rankings and achievements), or identify content that is created and shared by you with other players.





Fees and Payment. Our Applications may require you to purchase virtual currency or assets from us via third party stores. All fees are stated in respective currency in the third party stores. Should there be a subscription fee structure, you may cancel monthly subscriptions at any time. If cancellations are made within 7 days of the start of a month, you will be entitled to a full refund of the monthly fees.



When you make a purchase, you are doing so through either Apple App Store services, Google Play services or Steam services or others as we may add from time to time. You agree to their respective Terms and Conditions.



All sales are final.



Third-Party Services. If you use or access the Application through a social network or other third party platform, game console, app, or service (“Third Party Service”), you may be required to have an account with the Third Party Service through which you connect to the Application. You agree to comply with the Third Party Service’s terms of use as well as this Agreement.

You also agree that we have no responsibility or liability for any act, error, or omission of any Third Party Service. For all Third Party Services, you acknowledge and agree that we are not 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 us of such websites or resources or the content, products, or services available from such websites or resources.

You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

From time to time, during your use of the Application, you may communicate with, receive communications from, be re-directed to, interact with, or participate in or use the services or obtain goods and services of or from, third parties such as our advertisers, sponsors, promotional partners (collectively, the “Advertisers”). All such communication, interaction and participation is between you and such Advertisers and we shall not be responsible or liable to you in any way in connection with these activities or transactions (including, without limitation, any representations, warranties, covenants, contracts or other terms or conditions that may exist between you and the Advertiser or any goods or services you may purchase or obtain from any Advertiser).







Disclaimers. THE APPLICATION AND APPLICATION CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS, CONDITIONS, WARRANTIES OR OTHER TERMS OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, STREAMSIX DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, CONDITIONS AND OTHER TERMS, EXPRESS OR IMPLIED (INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABLE QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT), INCLUDING THOSE ARISING BY STATUE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. STREAMSIX does not warrant that the Application or Application Content will meet your requirements. STREAMSIX does not represent, warrant or covenant that the Application will be available, uninterrupted, timely, secure, or error free. STREAMSIX does not warrant, guarantee, or make any representations regarding the use or the results of the use of the Application with respect to performance, accuracy, reliability, security capability, currency or otherwise. STREAMSIX does not guarantee the accuracy of any Application Content or other information displayed by the Application. STREAMSIX does not guarantee the accuracy or availability of offers, advertisements, promotions, or prices displayed through the Application or as part of the Application Content. STREAMSIX is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, wifi services, cellular services, software, failure of email or players on account of technical problems or traffic congestion on the internet or at any website or combination thereof, including injury or damage to users or to any other person’s computer related to or resulting from participating or downloading the Application. Under no circumstances will we or any of our affiliates, advertisers, promoters or distribution partners be responsible for any loss or damage, including personal injury or death, resulting from anyone’s use of the Application.





Limitation of Liability. YOU ACKNOWLEDGE THAT YOUR USE OF THE APPLICATION IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL STREAMSIX OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, ADVERTISERS, PROMOTERS OR DISTRIBUTION PARTNERS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR RELATED TO YOUR USE OF THE APPLICATION OR APPLICATION CONTENT, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE, GROSS NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE DUE TO VIRUSES THAT MAY AFFECT YOUR COMPUTER EQUIPMENT, SOFTWARE, DATA OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF THE APPLICATION OR YOUR DOWNLOADING OF ANY MATERIAL WHILE USING THE APPLICATION. THE FOREGOING LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW, EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL STREAMSIX’S OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, ADVERTISERS, PROMOTERS OR DISTRIBUTION PARTNERS’ AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE GREATER OF (I) THE TOTAL FEES PAID BY YOU TO STREAMSIX DURING THE ONE (1) MONTH IMMEDIATELY PRIOR TO THE TIME SUCH CLAIM AROSE; (II) ONE HUNDRED DOLLARS ($100.00).



Governing Law. This Agreement is governed by and will be construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein. ANY LEGAL ACTION OR PROCEEDING RELATING TO YOUR ACCESS TO, OR USE OF, THE APPLICATION OR THIS AGREEMENT WILL BE INSTITUTED ONLY IN A PROVINCIAL COURT LOCATED IN ONTARIO, CANADA. YOU AND STREAMSIX AGREE TO SUBMIT TO THE JURISDICTION OF, AND AGREE THAT VENUE IS PROPER IN, THESE COURTS IN ANY SUCH LEGAL ACTION OR PROCEEDING. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST STREAMSIX ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.



Remedies. You acknowledge that STREAMSIX may suffer irreparable damage if you breach any of the terms of this Agreement. You therefore agree that if you do breach such provisions, in addition to provable damages and reasonable attorneys’ fees, STREAMSIX shall be entitled to enjoin such breach and to obtain specific performance of such provisions in any court of competent jurisdiction.



Indemnification. You agree to defend, indemnify and hold harmless STREAMSIX, its officers, directors, employees, affiliates, agents, licensors, advertisers, promoters and distribution partners, from all claims, liabilities, and expenses, including attorneys’ fees, arising from or relating to your use or misuse of, or access to, the Application, or user content, violation of this Agreement, or infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. STREAMSIX reserves the right to assume the exclusive defense and control of any claim otherwise subject to indemnification by you.



Seizure Warning. A very small percentage of people experience epileptic seizures when exposed to certain light patterns or flashing lights. Exposure to these patterns or backgrounds on a mobile devise, or while playing video games, may induce an epileptic seizure in these individuals. If you, or anyone in your family, have an epileptic condition, consult your physician prior to playing. If you experience dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation, any involuntary movement, or convulsions while playing the game, immediately discontinue use and consult your physician.



Consent to Monitor. When the Application is running, STREAMSIX may monitor your mobile device for any purpose including but not limited to (i) GPS Location (ii) type of device (iii) operating system running on device (iv) phone number and other personal data. You hereby grant STREAMSIX permission to monitor your mobile device and to communicate same to STREAMSIX.



Miscellaneous. THE TERMS SET FORTH IN THIS AGREEMENT, INCLUDING THE DISCLAIMER AND LIMITATION OF LIABILITY PROVISIONS ARE ESSENTIAL ELEMENTS OF THE BASIS OF THE AGREEMENT BETWEEN STREAMSIX AND YOU. STREAMSIX WOULD NOT BE ABLE TO PROVIDE THE APPLICATION (INCLUDING WITHOUT LIMITATION THE APPLICATION CLIENT) ON AN ECONOMIC BASIS WITHOUT SUCH LIMITATIONS. Such Disclaimer and Limitation of Liability provisions inure to the benefit of STREAMSIX’S licensors, successors and assigns. You may not assign this Agreement, in whole or in part, without STREAMSIX’S prior written consent and any attempted assignment in violation of this provision shall be null and void. The delay or omission by either party to enforce or exercise any terms or right pursuant to this Agreement will not impair any such term or right nor be construed to be a waiver thereof and will in no way affect the other party’s right later to enforce it. Any waiver by either party of any covenants, conditions or agreements to be performed by the other party will not be construed to be a waiver of any succeeding breach thereof or any covenant, conditions or agreement herein contained, whether similar or otherwise. If any part of these Terms and Conditions is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity or enforceability of any remaining provisions. Any information related to your use of the Application for illegal purposes will be provided to law enforcement authorities. This Agreement constitutes the entire agreement between the parties relating to the use of the Application and supersedes and replaces any prior agreement and communication between the parties relating thereto. All questions concerning the Terms of Use shall be directed to: STREAMSIX Inc., 49 Bathurst Street, Suite 400, Toronto, ON M5V 2P2, Attention: Legal Department. STREAMSIX is a trademark of STREAMSIX Inc.