Terms of Service

Introduction

ULTIMATE TOURNAMENT, INC., ITS PARTNERS, PARENT COMPANIES, SUBSIDIARIES AND AFFILIATES (COLLECTIVELY, “Ultimate Tournament,” “WE,” “OUR,” OR “US”) HAS UPDATED THESE TERMS AND CONDITIONS. PLEASE READ THESE TERMS AND CONDITIONS AND OUR PRIVACY POLICY BEFORE USING OUR WEBSITE OR APPLICATION (INCLUDING BUT NOT LIMITED TO THE “Tangia” APPLICATION) OR ANY OF OUR SERVICES AND COMMUNITY FEATURES (COLLECTIVELY REFERRED TO AS “Tangia”). BY USING Tangia, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND OUR PRIVACY POLICY (WHICH ARE INCORPORATED HEREIN AND ARE COLLECTIVELY REFERRED TO AS “Ultimate Tournament POLICIES”), INCLUDING WITHOUT LIMITATION, THE ARBITRATION CLAUSE AND A CLASS ACTION WAIVER SET FORTH IN THESE TERMS AND CONDITIONS, WHICH AFFECT YOUR RIGHTS ON HOW TO RESOLVE DISPUTES WITH US.
GENERAL INFORMATION
DEFINITIONS
User: A user is anyone who uses the Tangia platform in any way. It includes but is not limited to Viewers, Streamers, and Developers.
Game Sessions: Game Sessions are created when a streamer enables interactions within a game. This will make Interactive Digital Goods available to Viewers.
Streamer: A Streamer (“Streamer”) or (“Streamer Account”) is a user who has the ability to create Game Sessions within Tangia integrated games, and facilitate the fulfillment of delivery of Interactive Digital Goods.
Developer:  A Developer (“Developer”) or (“Developer Account”) is a user who has a game(s) with the Tangia SDK integrated. Developers have developer accounts that allow them to list their games and make available the fulfillment of delivery of Interactive Digital Goods.
Viewer: A Viewer (“Audience Member, Viewer”) is someone who is eligible to purchase Interactive Digital Goods, and interact with a Streamers public facing page.
Interactive Digital Goods: Interactive Digital Good(s) (“IDG”) is a digital purchasable item that a viewer can purchase, which interacts with Tangia’s service and a game integrated with Tangia’s SDK or API.
Payouts: A Payout(s) (“Payout”) is any amount of Money paid to a Developer or a Streamer for commissions earned, donations received, or any other type of payment made to a Developer or Streamer from the Tangia platform.
Donations: Tips purchased through the Donation button on a Viewer Page.
Viewer Page: The web page provided to buyers to purchase Interactions, Donations, or Subscriptions.
Interaction: Digital goods associated with a tip price listed under the "Interactions" section on your dashboard or Viewer Page.
Subscription: Recurring payment to a User through Tangia using the Subscription functionality available on the Viewer Page.
Tangia: Any and all services provided by Ultimate Tournament, Inc. under the Tangia name and or brand.
Custom Text To Speech: Voices cloned using Tangia that are then used to generate voice messages
SECTION 1
1.1 Terms and Conditions Binding
The Terms and Conditions and all other obligations and rules detailed in writing in Tangia (collectively, the "Terms and Conditions") are by and between Ultimate Tournament, Inc., its partners, parent companies, subsidiaries and affiliates, (each, "Tangia," "Ultimate Tournament", "us," “our”, or "we") and everyone who uses Tangia (each, "you," "user," or “streamer”). Tangia and Ultimate Tournament will be used interchangeably throughout this document. By using Tangia, creating an account, and/or participating in any tournament or service offered on or in Tangia, you accept and agree to be bound by all terms, conditions and notices contained or referenced in Tangia, including the most current version of the Terms and Conditions. We may modify the Terms and Conditions at any time and may make you aware of any material changes. However, your continued use of Tangia at any times, including following such modifications whether you are aware of such modifications or not, signifies your acceptance of those modifications. In summary you are responsible for reviewing the Terms and Conditions periodically in order to stay aware of modifications.
 
1.2 Changes to Tangia and/or Terms and Conditions
Ultimate Tournament reserves the right to change, modify, update, discontinue, remove, revise, delete or otherwise change any portion of Tangia or these Terms and Conditions, in whole or in part, at any time without further notice. For changes to these Terms and Conditions that we deem material, we will place a notice on Tangia by revising the link on the homepage to read substantially as “Updated Terms and Conditions” for an amount of time that we determine in our discretion. If you access or use Tangia in any way after the Terms and Conditions have been changed, you will be deemed to have read, understood and unconditionally consented to and agreed to such changes. The most current version of these Terms and Conditions will be available on Tangia and will supersede all previous versions of these Terms and Conditions. By using Tangia, creating an account, and/or participating in any tournament or service offered on or in Tangia, you accept and agree to be bound by all terms, conditions and notices contained or referenced in Tangia, including the most current version of the Terms and Conditions. If you do not agree with these Terms and Conditions or any subsequent update to the Terms and Conditions, you must not use Ultimate Tournament’s website, application, or any other services provided by Ultimate Tournament.
 
1.3 Privacy Notice
Please review our Privacy Notice found at https://tangia.co/privacy to understand our privacy practices and how they affect you.

ELIGIBILITY, OBLIGATIONS & CONDUCT

SECTION 2

2.1 Eligibility
2.1.1 United States and Canada.
To be eligible to register and open an account on Tangia, you affirm that you: (a) are a person at least 13 years of age; (b) own the e-mail address submitted on your account registration form; (c) are not registered and do not have an existing account with us.
 
2.2 Location of Users
You are subject to all laws of the city, state, province, and country in which you are located when you access Tangia. You are solely responsible for complying with those laws.
 
2.3 Prohibited Users
VOID WHERE PROHIBITED OR RESTRICTED BY LAW. You may use the Services only for lawful purposes and in accordance with these Terms of Service. You agree not to access or use the Services for any purpose that is illegal or beyond the scope of the Services’ intended use (in Ultimate Tournament’s sole judgment).
 
2.4 Taxes
It is the policy of Ultimate Tournament, and in compliance with United States Internal Revenue Service regulations, to send an IRS Form 1099-K or other appropriate form to any person who earns in excess of $600 (USD) on Tangia in any given year. Depending on the jurisdiction in which you reside, Ultimate Tournament may also send you a W-9 and/or additional tax forms. You remain solely responsible for complying with all federal and other tax requirements in completing such forms and for paying all federal and other taxes in accordance with the laws that apply in your local, state, province, and/or country of residence.
 
2.6 Information Required
Upon registering an account, you will be required to submit the following information: (i) an alias that will be your username; (ii) a password; and (iii) your e-mail address. Ultimate Tournament reserves the right, in its sole discretion, to change, suspend and/or terminate aliases as Ultimate Tournament deems fit. In addition, if your total earnings on Tangia in any given year reach $600 or more, Ultimate Tournament may request that you submit your social security number in order to send you an IRS Form 1099-K, or other appropriate form, as required by Internal Revenue Service or other jurisdiction’s tax regulations.
 
2.7 Recommended Devices, System Requirements and Configuration
For mobile devices, Tangia recommends a minimum iOS 11 on Apple devices and at least 1 GB RAM availability. Ultimate Tournament recommends a minimum Nougat 24 OS version on Android devices and at least 1GB RAM availability.
 
For desktops and laptops,  Tangia recommends a minimum of Windows 7 service pack 1 on Windows systems and a minimum of macOS 10.11 El Capitan for Apple systems. In all cases Ultimate Tournament recommends using the latest browser version of Chrome, FireFox or Edge, with automatic updates enabled.
 
2.8 Acknowledgment of Proprietary Rights
By registering for an account on Tangia, you acknowledge that all information contained in Tangia may be protected by one or more valid copyrights, patents, trademarks, trade secrets, or other proprietary rights, and that all such rights are owned by Ultimate Tournament. ULTIMATE TOURNAMENT NEITHER WARRANTS NOR REPRESENTS THAT YOUR USE OF MATERIALS DISPLAYED IN Tangia WILL NOT INFRINGE RIGHTS OF THIRD PARTIES. ULTIMATE TOURNAMENT ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF Tangia. Any communication or material you transmit to Ultimate Tournament by electronic mail or otherwise, including any data, questions, comments, suggestions, etc. will be treated as non-confidential and non-proprietary. Anything you transmit or post may be used by Ultimate Tournament or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, Tangia promotion, marketing and posting. Ultimate Tournament is free to use any ideas, concepts, know-how or techniques contained in any communication you send to Ultimate Tournament for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information, without any additional compensation or other liability or obligation to you. The trademarks, logos, and service marks (collectively the "Trademarks") displayed in Tangia, are registered and unregistered Trademarks of Ultimate Tournament and/or others. Nothing contained in Tangia should be construed as granting any license or right to use any Trademark displayed on the Site without the written permission of Ultimate Tournament or such third party that owns the Trademark. Your use of any Trademark displayed in Tangia, except as provided in the Terms and Conditions, is strictly prohibited.
 
2.9 Promotional Activities
By registering for an account, you agree that Ultimate Tournament may display your username. By accepting payouts from Ultimate Tournament, you agree to allow Ultimate Tournament to print, publish, broadcast and use, worldwide, in any media and at any time, your name, picture, voice or likeness for promotional, marketing or related purposes without additional compensation with prior consent from the user for each marketing piece published. You agree to let Ultimate Tournament to use clips and moments that feature Tangia Interactions for promotional and marketing related purposes.

SERVICES

SECTION 3

3.1 Services offered
Tangia provides an online service that facilitates the fulfillment of delivery of Digital Interactive Goods to Viewers, and processes transfers between Content Creators, Developers, and Tangia. Revenue generated from the fulfillment of delivery of Digital Interactive goods is split on the following basis: Streamers receive 80% of the gross transaction value from "Interactions". Transaction value will be shared before payment fees have been deducted. This will be consistent across all Streamers & Developers unless specified otherwise. International accounts created outside of the U.S are subject to an additional 2% transfer fee.
 
Tangia may offer integrations for platforms such as Twitch, Youtube, or TikTok, but is not directly affiliated with any third party platform unless explicitly specified elsewhere.
 
All donations and subscription purchases are non-refundable.
 
3.2 Digital Goods
Within the Tangia platform, users can offer donations to creators in the form of Digital Goods and Interactive Digital Goods. These Digital Goods serve as tokens of appreciation or acknowledgments of donations and are not outright sales. Once a donation is made, it is non-refundable, except in cases of technical failure directly attributed to a Tangia service malfunction.
 
Digital Goods can encompass a wide variety, including but not limited to virtual cosmetic items, profile customizations, game-specific enhancement utilities, custom in-game visual customizations, AI Parody voices, images videos and sounds to be played on a screen overlay, and any in-game interactions that are rendered as an Interactive Digital Good.
 
A Digital Good is dispatched in response to a supportive donation made to a Streamer. This can be initiated through various mechanisms such as, but not limited to, Twitch Bits via the Tangia Twitch Extension, Twitch Channel Points, or the Tangia Audience Page.
 
3.3 Limitations on Number of Accounts
You may establish only one account per person and only up to two accounts per device or IP or physical address, to utilize the services offered on Tangia. Multiple accounts may not be created sharing the same name, email, bank account Ultimate Tournament reserves the right to monitor all activities on Tangia, including any effort to establish multiple accounts. In the event Ultimate Tournament discovers that you have violated the number of accounts allowed, all additional accounts will be closed without notice and continued violation may result in the termination of any and all of your accounts and Ultimate Tournament may void any associated earnings. Ultimate Tournament further reserves the right to deny access to anyone, including, but not limited to, those users who use proxy servers and/or IP addresses residing in certain geographical areas.
 
3.4 Payment Processing
Tangia may utilize Stripe and custom technology to accept credit card information, PayPal information, banking information, and other information relevant to processing transactions.
“THE SOFTWARE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
 
3.5 Fraud, Abuse, and Content Limitations
Fraud and abuse relating to the access and use of Tangia is strictly prohibited. In accessing Tangia or participating in any activities, products or services offered by or through Tangia, you represent and warrant that: (a) all information you supply is complete and accurate and not in violation of any applicable laws, regulations or these Terms and Conditions; and (b) you will not circumvent or attempt to circumvent any provision of the Terms and Conditions or engage in any activity that interrupts or attempts to interrupt the operation of Tangia. Users engaging, participating, or displaying behavior that may be interpreted, in Ultimate Tournament’s sole and absolute discretion, as the use of unfair methods in Tangia, include but are not limited to:
(a) the opening and/or use of multiple accounts;
(b) Knowingly accepting from stolen or compromised bank accounts, credit cards, debit card, or any other payment method (i.e., “money laundering”);
(c) harassment of users;
(d) posting of objectionable material; Including excessive violence, hateful language, or pornographic content
(e) any breach of the Terms and Conditions or Ultimate Tournament Policies;
(f) any breach of the security of your account or Tangia; or
(g) Use, produce, or display any content that is copyrighted, or in anyway, unlawful for commercial use.
(h) Any of the prohibited activity listed on Stripe (https://stripe.com/legal). Any violation of Stripe terms of use will be enforced on Tangia.
(i) Paying one's self using self-owned payment methods. I.e. buying your own Digital Goods, Donations, or Subscriptions.
(j) Offering giveaways without explicit approval by Ultimate Tournament, Inc.
Engaging in any of the above or any similar behavior, while using any services on Tangia, may subject you to immediate consequences (as determined by Tangia in its sole and absolute discretion), including without limitation: (1) immediate termination of your account and blocking of Tangia access; (2) forfeiture of earnings that you may otherwise have been entitled to receive; and (3) in the case suspected illegal activity, disclosure to the FBI or other relevant agencies in accordance with federal and state laws. In the investigation of an alleged Abuse, Tangia may request additional information from you. You agree to provide all reasonable and relevant information as requested by Tangia. Without limiting any provision of the Terms and Conditions, Tangia expressly reserves the right to institute or seek any injunctive relief, civil and/or criminal proceedings against you and/or any of your co-conspirators arising out of or related to your commission of Abuse, including the right to recover fees and expenses (including attorneys’ fees) and the right to report you and such Abuse to any and all relevant regulatory authorities or governmental agencies.
 
3.6 Disconnection and Malfunction
We, our affiliates, agents and licensors accept no responsibility and will not be liable for any loss resulting from delays or interruptions to play due to failure, breakdown, malfunction, interruption of or disconnection from the games server or any other causes over which we or they have no control.
 
3.7 Earnings Payouts
Tangia utilizes Stripe (Stripe connect) to facilitate payouts. Stripe supports ACH bank payouts and payouts to debit cards. Earnings from Ultimate Tournament, Inc. are typically paid out every Monday (eastern time). Tangia only supports bank accounts and debit cards supported by Stripe. To discover supported payment options please navigate to Stripes terms (https://stripe.com/ssa). Regarding other questions please see stripes guidelines.
 
Payouts are only available to countries and regions that are supported by Stripe payouts. Payout minimums are limited to Stripe payout minimums and may vary based on your bank or region.
 
 
3.8 Deactivation and Account Deletion for Dormant Users
A Dormant User is any user has not logged in for thirty-six (36) consecutive months (or such a shorter time as Ultimate Tournament may announce in advance from time to time by sending written notice to the applicable user(s) using the contact information associated with the inactive account). Ultimate Tournament reserves the right to deactivate any inactive account without notice. A user who has not logged into their account for thirty six (36) months If you leave any funds dormant in a Stripe Account and you do not give us instructions where to send them, we may be required by Law to deem the funds to be abandoned by you, and to deliver them to various government agencies. To the extent required by Law, we will attempt to provide you Notice if we hold funds payable to you in an account beyond the applicable dormancy period for abandoned property. If we are unable to contact you, we will treat the funds in your Tangia Account to be abandoned, and will deliver them to the appropriate government authority.
 
At the time of account deactivation, Ultimate Tournament will delete or purge all personally identifiable information associated with your account. This may include, but is not limited to, username, email address, name, address, city, state, country postal or zip code, credit card or other payment information. Ultimate Tournament may elect to not delete or purge Dormant User accounts and associated information for accounts closed for fraud or other violations of these Terms and Conditions. Ultimate Tournament may further elect to not delete or purge information required to comply with local, state or federal law, including information required for tax reporting purposes.
 
3.9 Account Cancellation
You may cancel your account by contacting Ultimate Tournament at support@tangia.co. Your account is not considered canceled until you have received confirmation of such cancellation from us. You may not cancel your account to evade an investigation. If you do not agree to the terms of the Ultimate Tournament Policies, your sole remedy is to not use Tangia and to cancel your account. In some cases, cancellation of your account may be retracted by you, however, in other cases, cancellations may be permanent and not subject to retraction.
3.10 Tangia Credit
By purchasing Tangia Credit also called "Tangia Tokens", you agree to the following terms and conditions: Tangia Credit can only be purchased through Tangia and its affiliated pages. Tangia Credit is not a form of currency and may not be transferred or exchanged for cash or other forms of currency. Tangia Credit can be used to send Interactive Digital Goods to Streamers or to purchase other products and services offered by Tangia. Streamers will receive 80% of the dollar value of Tangia Credit they use to purchase Interactive Digital Goods. Each Tangia Credit has a value of 1 cent USD. All purchases of Tangia Credit are final and non-refundable. Tangia reserves the right to change these terms and conditions at any time without notice.
 
3.11 Tangia Custom Text To Speech
Tangia Custom Text To Speech (TCTTS): By creating a TCTTS, you consent to Tangia processing your voice into an Artificial Intelligence (AI) model. You acknowledge that you own the files submitted and have legal right to use the data. Tangia owns the AI model and reserves the right to use the data for future model training. As the creator, you have full access to the AI model and may consent to sharing it with other Creators or Users. The TCTTS will be used to create Digital Goods that can be made available for purchase. You have the right to request your TCTTS model and original recording to be purged, which will be performed within 30 business days of requesting.
 
3.12 Tangia Enhanced Text-to-Speech Voices ( Better TTS )
Please be aware that all representations and AI Voice recreations available in Tangia's Enhanced Text-to-Speech, including those that resemble or impersonate real individuals, are entirely fictitious and are intended for parody and entertainment purposes only. These voice recreations should not be interpreted as accurate portrayals of the respective individuals. Any statements, expressions, or content generated through the use of Tangia’s voices do not, in any way, reflect the actual beliefs, opinions, or endorsements of the individuals they may mimic. Exercise responsibility and respect for the individuals being parodied, and understand that these voice recreations are meant to be humorous or creative imitations, not genuine reproductions.
 
Users are urged to use these voices with respect and discretion, recognizing that they are intended for humorous or creative representation and are not genuine reproductions. Under no circumstances should these voices be used beyond the scope of Tangia, unless explicitly mentioned otherwise. Usage is strictly confined to the Tangia Twitch Extension and the Tangia Audience Page. Any other use beyond these stipulated platforms is prohibited.
 
3.13 Tangia Plus (Tangia+)
Tangia Plus is a premium service provided by Ultimate Tournament. Subscribers of Tangia Plus will receive increased Tangia Usage and exclusive Tangia features such as, but not limited to, increased usage limits for Better TTS and Tangia Custom Text To Speech, follow alerts, subscription alerts, raid alerts, hype train alerts, and early access to more Tangia tools.
 
(a) Pricing & Changes: Ultimate Tournament reserves the right to modify the pricing of Tangia Plus at any time without prior notice.
(b) No Guarantees: While we strive to provide quality services, Ultimate Tournament does not guarantee the continuous, uninterrupted or error-free operability of the Tangia Plus features. Features are subject to change, and Ultimate Tournament may add, remove, or modify features at its sole discretion.
(c) Liability: Ultimate Tournament is not liable for any losses, damages, or harm resulting from the unavailability or malfunctioning of Tangia Plus services.
(d) Billing & Cancellation: A Tangia Plus subscription is billed in monthly intervals. Subscribers can cancel their Tangia Plus subscription at any time. Upon cancellation, subscribers will not be billed for the subsequent month. However, any amounts already paid are non-refundable. After cancellation, the Tangia Plus services will be limited or discontinued.
(e) Refund Policy: Payments made towards Tangia Plus are non-refundable, regardless of usage or satisfaction.
 
3.14 Tangia Gift Cards
Tangia Gift Cards allows users to purchase Tangia Tokens that can be given to another user. These gift cards can exclusively be redeemed for Tangia Tokens. All sales of Tangia Gift Cards are final and non-refundable. Tangia Gift Cards are not and should not be used as compensation in any way. Once a Tangia Gift Card is redeemed or claimed, it can not be refunded or reinstated. An additional processing fee may be charged upon purchasing Tangia Gift Cards to deter fraudulent activities. Ultimate Tournament retains the right to restrict a user's ability to purchase or redeem Tangia Gift Cards.
 
3.15 Tangia Direct to Charity Mode
 
Tangia’s "Direct to Charity" mode is a feature allowing streamers to select a charity for fundraising through Tangia. In this mode, Ultimate Tournament will donate the streamer's typical 80% revenue share and Ultimate Tournament’s 20% revenue share to the selected charity.
(a) Processing Fees: In most instances, Ultimate Tournament will cover all processing fees associated with these donations. However, Ultimate Tournament reserves the right to exclude processing fees from the donation amount if they become unsustainably high. (b) Availability of Digital Goods: Some interactions or digital goods available in Tangia's standard mode may not be accessible in the "Direct to Charity" mode. (c) Usage Constraints: The "Direct to Charity" mode is operational exclusively through Tangia's viewer page system and is not compatible with the Tangia Twitch extension. (d) Charity Engagement: No additional flat fees, processing fees, or extra fees will be charged to the charities receiving donations through this mode. (e) Only registered 501(c)(3) organizations will be eligible to receive donations via the Direct to Charity mode (f) All contributions made through the Direct to Charity mode are non-refundable
 
Ultimate Tournament encourages streamers to actively engage in philanthropic efforts through the "Direct to Charity" mode, fostering a culture of giving and community support within the Tangia platform.

LIMITATION OF LIABILITY

SECTION 4

4.1 Unauthorized Charges
Tangia is not liable for any loss caused by any unauthorized use of your credit card or other method of payment by a third party in connection with Tangia. If you wish to dispute a charge to your account, you must do so within 180 days of the alleged unauthorized charge(s) otherwise such a dispute will be deemed waived by Ultimate Tournament. Upon notification of a disputed charge, Ultimate Tournament may conduct an investigation to determine the amount, if any, considered unauthorized. Attempts to defraud Ultimate Tournament through the use of credit cards or other methods of payment, or your failure to honor legitimate charges or requests for payments may result in immediate termination of your account, forfeiture of earnings and/or civil and/or criminal prosecution.
 
4.2 Hacking, Tampering, or Unauthorized Access
Ultimate Tournament is not responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of Tangia or your account. You are responsible for the security of your account. If you give someone access to your account and they conduct a transaction without your knowledge or permission, you are responsible for any resulting use. Such transactions are not considered to be authorized by Ultimate Tournament.
 
Any attempt to gain unauthorized access to our systems or any account, interfere with procedures or performance of Tangia, or deliberately causing damage to or undermining Tangia, may subject you to civil and/or criminal prosecution and result in immediate termination of your account and forfeiture of any prizes.
 
4.3 Accounts for Individual Use Only
You are solely responsible for all obligations relating to your account and for compliance with these Terms and Conditions. You are entitled to all benefits accruing to you as a result of being the account holder. Your account is not transferable. By registering on Tangia, you agree to indemnify, defend, and hold Ultimate Tournament harmless from or for any claims, liability, damages, and/or costs (including attorneys' fees) arising from any use of your account by any person.
 
4.4 Tangia and Account Availability
Ultimate Tournament does not guarantee that Tangia or access to your account will be available at all times and/or in all geographic locations. Ultimate Tournament is not liable for any loss which may be caused by your inability to access Tangia or your account.
 
4.5 General
The app and website currently use proprietary software and systems.
 
4.6 Platform Suspension or Ban Liability
Ultimate Tournament is not liable for any damages, losses, or any other consequences that users may face, including suspensions or bans, from third-party platforms such as Twitch, Kick, YouTube, Trovo, and DLive. This includes, but is not limited to, circumstances where such actions are a result of user-generated content submitted through our Twitch extension/stream extension. Streamers are responsible for the content broadcasted through their streams using our services. Ultimate Tournament disclaims all liability in respect of such content and any actions taken by third-party platforms in response to such content.

GOVERNING LAW, DISPUTES, ARBITRATION

SECTION 5

5.1 Governing Law and Disputes
The Terms and Conditions will be governed and construed in accordance with the laws of the State of Delaware, irrespective of any principles of conflicts of law. By registering for an account and/or participating in any tournament or service offered on or in Tangia, you agree that any dispute that cannot be resolved between the parties shall be resolved individually, without resort to any form of class action. You further agree that any dispute shall be resolved pursuant to arbitration as set forth in these Terms and Conditions. To the extent any legal action arises from a dispute, that legal action shall proceed only in the state or federal courts located in Wilmington, Delaware, or as otherwise determined by us, and you hereby submit to personal jurisdiction and venue in such courts for the purposes of litigating any such action.
 
5.2 Arbitration
You and Ultimate Tournament agree that any controversy or claim arising out of or relating to your use of Ultimate Tournament and its services shall be settled by arbitration administered by the American Arbitration Association in accordance with its Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Arbitration is an alternative dispute-resolution procedure that allows us to resolve issues without the formality of going to court. Any dispute between You and Ultimate Tournament is submitted to a neutral arbitrator (not a judge or jury) for fair and fast resolution. Arbitration is more efficient for both you and Ultimate Tournament.
 
5.3 Class Action Waiver:
To the maximum extent permitted by applicable law, You and Ultimate Tournament agree to only bring Disputes in an individual capacity and shall not: seek to bring, join, or participate in any class or representative action, collective or class-wide arbitration, or any other action where another individual or entity acts in a representative capacity (e.g., private attorney general actions); or consolidate or combine individual proceedings or permit an arbitrator to do so without the express consent of all parties to these Terms and all other actions or arbitrations.

GENERAL PROVISIONS

SECTION 6

6.1 Indemnification
By using the Tangia platform, you agree to indemnify, defend, and hold Ultimate Tournament harmless from or for any claims, liability, damages, and/or costs (including attorneys' fees) arising from any use of your account by any person. Including damages or loss of income in relation to any Digital Goods.
 
6.2 Entire Agreement
The Ultimate Tournament Policies constitute the entire agreement between you and us pertaining to your participation in and with Tangia and supersede all prior or other arrangements, understandings, negotiations and discussions, whether oral or written. No waiver of any of the provisions of the Ultimate Tournament Policies shall be deemed or shall constitute a waiver of any other provisions (whether or not similar), nor shall any waiver constitute a continuing waiver unless otherwise expressly provided. The Ultimate Tournament Policies cannot be modified on an individual basis by any person affiliated, or claiming affiliation, with Ultimate Tournament. Nothing in this subsection will prevent us from modifying the terms of these Terms and Conditions and posting such modifications in Tangia.
 
6.3 Severability
If any provision of these Terms and Conditions is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms and Conditions will continue in full force and effect.
 
6.4 Language
To the fullest extent permitted by law, the controlling language for these Terms and Conditions is English. It is the express wish of the parties that these Terms and Conditions and all related documents have been drawn up in English.