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Mortgage Servicing Fraud
occurs post loan origination when mortgage servicers use false statements and book-keeping entries, fabricated assignments, forged signatures and utter counterfeit intangible Notes to take a homeowner's property and equity.
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BEWARE: Firm Targets Calif. Homeowners With Foreclosed 2nd Mortgages
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It has been already been well-documented in many cases and investigative reports, that it was the loan originators, brokers and others who falsified information on the loan applications - not the borrower. Here we seem to have another criminal enterprise Rick Perry welcomed to set up shop in Texas with the millions of dollars he took from taxpayers. Keep that in mind if you are contacted by these debt-collectors, and never acknowledge a debt that can't be verified.
Firm Targets Calif. Homeowners With Foreclosed 2nd Mortgages
Texas-Based Heritage Pacific Financial Pursuing Californians To Collect 2nd Mortgage Debt
Adding new uncertainty in the state's ongoing mortgage crisis, a Texas company is aggressively pursuing hundreds of Californians to collect second-mortgage debt -- on homes they've already lost through foreclosure.
Many of these former homeowners believed their mortgage debt had been erased after their houses were taken by banks and lending companies. But the Texas company,
Heritage Pacific Financial
, has aggressively pursued collections and filed lawsuits claiming those debts still linger.
For Ahmed Abdelfattah of San Jose, debt collectors started calling in 2009, saying he owed Heritage Pacific $135,000. He said he'd never heard of the company before.
"It's been a nightmare," Abdelfattah said. "It's cost me money and time, and they ruined my credit until now."
Oscar Trejo said his first encounter came a few days before he expected to exit bankruptcy and get a fresh financial start. That was in November 2010, he said.
Heritage Pacific
sent Trejo, who also lives in San Jose, a letter saying it had asked a bankruptcy judge not to discharge, or erase, its $88,800 claim against him.
Trejo invested in properties in Merced and later lost them all in foreclosures. But he hadn't done business with
Heritage Pacific
. "I had never seen the company's name," he said.
Heritage Pacific
was started by identical twin brothers, Chris and Ben Ganter, who once starred in a reality TV show, "PayDirt," about investing in the Dallas-Fort Worth real estate market.
The company's lawsuits often accuse defendants of misstating their incomes on loan applications. While many borrowers did overstate their incomes on applications, consumer attorneys say
Heritage Pacific
is targeting people who filled out their forms honestly or whose mortgage brokers pumped up their applications without their knowledge.
Critics of
Heritage Pacific
the company's central tactic is forcing settlements from people who can't afford a drawn-out legal fight and who don't know the details of California law
The company has sued people with second-mortgage debts of less than $150,000, despite a state law prohibiting lawsuits alleging fraud on mortgages below that amount
Heritage Pacific's
collection methods now face legal challenges, including a class-action lawsuit in Santa Clara County Superior Court that contends that the company is carrying out an "
insidious and illegal debt collection scheme
The company doesn't make mortgage loans, but instead attempts to collect payments on loans originated by others.
Heritage Pacific
launched its effort in late 2008 when it began buying – at a steep discount – second-mortgage loans that borrowers had stopped paying. Many of the loans were secured by houses that already had been sold in foreclosure by first-mortgage lenders.
By demanding payments from more than 1,000 individuals in California, the lawsuit contends,
Heritage Pacific
has violated "the rights of those who have already suffered the emotional and financial distress that results from the loss of their foreclosed home.
Heritage Pacific
is nothing more than "
people in Texas acting as vultures
," said Will Kennedy, a lawyer in the class-action suit.
In an answer to the lawsuit, Heritage Pacific says it's not suing "innocent home-owners who, through no fault of their own, lost their homes." Instead,
the company says it targets defendants
who "made material misrepresentations to secure large loans upon which they soon stopped paying."
Fraud claims "are the only ones we're interested in pursuing," Chris Ganter, the company's chief executive and main owner, said in an interview.
But some former homeowners now threatened with legal action by
Heritage Pacific
dispute these claims. They told
California Watch
that the income they claimed on their mortgage applications was valid, and they stopped paying because they lost their jobs, their income plummeted and banks foreclosed on their houses. Others said they signed applications that had been prepared by brokers.
Amassing Second-Mortgage Notes
Heritage Pacific
had no trouble finding plenty of so-called non-performing second mortgages for sale. During the recent real estate boom, an estimated 25 percent of house buyers took on a second mortgage rather than make a down payment, according to a 2007 Federal Reserve study.
A giant foreclosure wave swept hundreds of thousands of Californians from their homes. They often left behind second-mortgage loans that looked uncollectible and worthless.
While lenders can sell foreclosed properties and keep the proceeds, in California they can't pursue borrowers if the sale falls short of the amount owed. Foreclosure also takes away most of the legal tools for creditors to seek payments on second mortgages.
That's where
Heritage Pacific
has stepped in.
Rather than shy away from seemingly worthless second-mortgage notes,
Heritage Pacific
spent millions of dollars to assemble an inventory of at least 40,000 second-mortgage notes, according to interviews with company executives and deposition testimony.
Fraud accusations against former homeowners became
Heritage Pacific's
tactic for restoring value to its second-mortgage notes. California law gives a lender that can prove that a borrower fraudulently obtained a loan for more than $150,000 the right to sue. A creditor also may allege fraud to prevent a debt from being erased in bankruptcy.
Abdelfattah, a 52-year-old naturalized American who was born in Egypt, said it wasn't fraud, but a steep drop in his income as a sales manager at a local Honda dealership, that caused him to fall behind on his monthly house payments of $5,000.
In 2008, the holder of his first mortgage foreclosed on the three-bedroom, 1,170-square-foot Santa Clara house that he had purchased in 2005 for $675,000.
But to his chagrin, Abdelfattah found that foreclosure didn't end his house-related financial woes. As the summer of 2009 faded, he started getting collection calls from two or three individuals representing Heritage Pacific. They wanted him to pay a portion of the $135,000 balance they said he still owed on the second-mortgage loan he had used in his house purchase.
The callers were "really annoying," Abdelfattah said. One was "really aggressive, cursing on the phone." They accused him of never having lived in the house. They sent him a letter asking him to verify his income, and another titled, "Demand for Payment of Outstanding Debt."
In May 2010, Heritage Pacific named Abdelfattah in a lawsuit that claimed that he had used fraud to obtain a second mortgage. But on March 19, a Santa Clara County Superior Court judge threw out the company's claim against Abdelfattah because the alleged fraud had involved a loan for less than $150,000.
Abdelfattah, who wants to buy a house, was only somewhat relieved: "They are not able to sue me, but (Heritage Pacific's claim) still affects my credit." Abdelfattah's countersuit alleging violations of debt-collection law by Heritage Pacific is scheduled for a jury trial in July.
Heritage Pacific declined to comment on the details of Abdelfattah's or other individual cases, but said, "Any court rulings against Heritage Pacific Financial will be appealed to the California Court of Appeals as soon as it is possible to do so."
Heritage Pacific can ignore the prohibition on pursuing fraud claims related to loans for less than $150,000 because it still can get default judgments and out-of-court settlements from some defendants, said Kennedy, the attorney in the civil action.
As a practical matter, he added, "the law only applies to people who are in a position to defend themselves."
Focusing On Fraud Claims
Heritage Pacific's website portrays the company as a friend to its collection targets. It says the company wants to help foreclosed homeowners "begin again and regain financial independence without the baggage of old liens or bad credit history."
The home page also features a link to a proclamation of the company's intent to seek "justice against those who have perpetrated, conspired, and participated in the mortgage fraud (that) plagues our nation and our nation's economy."
Ganter said Heritage Pacific is pursuing appraisers and loan officers with its fraud claims. But while two lawsuits in Santa Clara County name appraisers as defendants, in dozens of Heritage Pacific second-mortgage lawsuits reviewed by California Watch, the defendants were homebuyers whom Heritage Pacific accused of overstating their incomes on loan applications.
Even Kennedy, the lawyer pursuing the class-action lawsuit against Heritage Pacific, acknowledged that the company is probably "able to find inflated incomes without too much problem, on a lot of them (but) not all of them."
But that's only part of the story, Kennedy stressed: "The banks knew exactly what was going on."
Kennedy isn't alone in identifying lenders and their agents as key drivers in mortgage market abuses.
Subprime loans were "often aggressively sold to consumers by profit-seeking lenders rather than sought out by consumers,"
according to a report
by the U.S. Government Accountability Office. And the U.S. Housing and Urban Development Department's
report on the root causes
of the foreclosure crisis found that "most fraud is driven by mortgage brokers in their efforts to earn profits by originating loans."
In California, aggressive lending helped inflate a housing bubble that more than tripled average house prices in the decade that ended in 2006. From 2000 through 2007, lenders originated nearly 3.3 million subprime mortgages in the state, according to the GAO.
But then the bubble burst, sending average house prices in the state down 46 percent since 2006. By March 2009, more than half of the 1.4 million subprime mortgages in California were delinquent, defaulted or foreclosed, according to GAO. By March 2012, about 835,000 homes in the state had been lost in foreclosure, according to DataQuick, which compiles real estate data.
Falling house prices and souring loans ravaged homeowners, lenders, and the housing and mortgage market in California and nationally. Among those hit by the slump was Ganter, a homebuilder who built 200 town homes in Texas suburbs and planned to build another 60.
In 2010, Ganter briefly sought bankruptcy protection for his Paydirt Real Estate Investment Trust, which listed a $6,300 rental deposit as its only asset and $572,000 in unpaid bills. Ganter said the bankruptcy did not involve Heritage Pacific and was later dropped.
Even as his real estate enterprise foundered, Ganter used money from investors to begin assembling a portfolio of second-mortgage loans. In depositions, a company executive put the total face value of the company's claims in a range from $1.5 billion to $2 billion. To cash in on those assets, Heritage Pacific began pursuing collections from hundreds of foreclosed homeowners.
Lydia Pina was one. In 2009, Heritage Pacific's collectors began pushing her to pay up on a second mortgage she took out in 2007, when she bought a house in Gilroy for $675,000.
She lost the house
in foreclosure 14 months later.
The collectors were willing to deal, according to Pina's sworn declaration. If she would pay $29,000, they would settle their $139,000 claim. If not, they would garnishee her wages.
In May 2010, a process server came to Pina's workplace. When the receptionist called Pina, she said she was late for a meeting and asked that he come back later. Instead, he left a summons with the receptionist. And that's how Pina learned that she was being sued for $139,000.
That lawsuit remains pending in Santa Clara County Superior Court. Through her attorney, Pina declined to comment.
Debt Collection Methods
Ganter said he couldn't comment on pending litigation, but said Heritage Pacific generally uses a "nice-guy strategy" to pursue collections.
In practice, the company's collection methods don't differ much from those used by debt buyers and collectors who search out and demand payments from borrowers on charged-off credit card accounts, student loans or medical bills.
Heritage Pacific first sends a form letter to a borrower, then follows up with at least 20 collection letters or telephone calls, according to depositions by a company executive and an attorney.
In a presentation to investors, the company said it typically offers to settle with borrowers who repay 20 percent of their outstanding balance.
Heritage Pacific's first big foray into California came in U.S. District Court in Los Angeles, where in a three-month period beginning in December 2009, Heritage Pacific filed three lawsuits seeking $46 million in actual and punitive damages from 158 defendants who took out 143 loans.
That push yielded mixed results. One judge signed 21 default judgments ordering no-show defendants to pay $1.8 million. But a lawyer who showed up to represent one of the defendants persuaded another judge to shut down the company's multi-party lawsuits. The defendants had "nothing in common … other than that they each applied for and received a loan that Heritage now owns," the judge wrote.
Meanwhile, Heritage Pacific opened another front in California state courts. California Watch reviewed online records in 10 of the state's 17 largest counties and found 365 lawsuits in which Heritage Pacific was a party.
A counterclaim filed in one of those lawsuits became a class action that seeks to keep Heritage Pacific from filing new fraud claims. The class action claims that the company goes to court "based upon a high statistical probability that the foreclosed homeowner lacks the resources to defend the lawsuit."
When defendants fail to show up, courts can issue default judgments that affirm the validity of debts and allow creditors to seize debtors' paychecks or property.
In a deposition, a Heritage Pacific lawyer estimated that 60 to 70 percent of the defendants in its lawsuits default, and the company has obtained about 200 default judgments.
But Ganter said default judgments aren't very valuable. Heritage Pacific found itself paying $20,000 to $30,000 for "a piece of paper that says somebody owes you money."
Cases In Bankruptcy Courts
Heritage Pacific also has filed more than 220 cases in federal bankruptcy courts in California, including the claim against Trejo. Heritage Pacific contended that he had overstated his monthly income, but
a judge ruled
that while Trejo didn't make $9,500 a month as he stated, the lender had "ignored obvious problems" with Trejo's loan application and couldn't block the discharge of his $88,800 debt.
Heritage Pacific has appealed that ruling to a Bankruptcy Appellate Panel, arguing that the lender's reliance on Trejo's undocumented assertions reflected "the custom and habit of the mortgage industry at the time."
In the meantime, regulators in Arkansas have cracked down on Heritage Pacific's fundraising. The Arkansas Securities Department found that in September 2010, four Arkansas investors paid $50,000 each to buy bundles of second mortgages from Heritage Pacific, and the buyers signed separate deals to pay Heritage Pacific to collect and distribute payments from their mortgages.
In December 2011, the securities department
issued a cease-and-desist order
directing Heritage Pacific to stop selling unregistered securities.
Ganter said that Heritage Pacific had not agreed to a settlement and that the case was "not finished up."
Campbell McLaurin, an attorney for the Arkansas Securities Department, said he believed that his state was "not unique as far as (Heritage Pacific) seeking investors."
In a deposition, a Heritage Pacific executive said the company had spent $20 million to $25 million buying second-mortgage notes, and the source of its funds was a "guarded secret, for sure."
A contract disclosed in a lawsuit shows that in one instance, Heritage Pacific raised $500,000 from a company incorporated in Alaska but controlled by Guy C. Alexander III, an Orange County homebuilder.
"I can't comment on our individual partners," Ganter said. Alexander did not respond to phone messages left at his office.
Consumer lawyers hope that rulings in Trejo's case and two other bankruptcy appeals, as well as the class-action lawsuit, will put a stop to Heritage Pacific's collection campaign in California. The company hopes the outcome in those cases will leave it with the tools to make its second-mortgage loans profitable.
Meanwhile, as hundreds of lawsuits work their way through state and federal courts in California, it seems unlikely that the battles between foreclosed California homeowners and Heritage Pacific over millions of dollars of soured mortgage loans will end anytime soon.
Story by Rick Jurgens
California Watch
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This Little Italy Slice Joint Makes a Satisfying Cheesesteak, Too
A new sandwich every day.
Grand Appetito, one of the better slice joints in Little Italy, does surprisingly solid sandwiches. This we know. But parms and panini are one thing. Cheesesteaks, which the signage features quite prominently, are another. It turns out they succeed on that front as well.
There's nothing revelatory about their Cheesesteak with Grilled Onions ($8) topped with the cheese of your choice (we suggest Provolone). But there doesn't need to be. The thin slices of sirloin are chopped fine and intermingled well with onions that just begin to caramelize on the hot flattop. The meat is surprisingly tender given its long journey over such high heat, the tangy cheese is well melted, and an airy hero loaf gets toasted briefly to pick up a slight crust. A satisfying cheeseteak if you're craving one.
All products linked here have been independently selected by our editors. We may earn a commission on purchases, as described in our affiliate policy.

subset: commoncrawl


text:
Donald Driver will work out with children in Madison
Event part of company's efforts to promote physical fitness
MADISON, Wis. — Green Bay Packers wide receiver Donald Driver will be using his celebrity status to promote physical fitness for children in the Madison area next month.
Physicians Plus is bringing Driver down to Madison next month to help lead the Green and Gold Training Camp at the Henry Vilas Zoo.
The program is part of the GO! Get Out campaign started by the company in 2005. The camp will give children 12 and under the chance to win awards for being active and staying outside.
In addition, 10 children will get the chance to win a football signed by Driver.
The program was started to fight obesity in children. The number of overweight children has more than tripled in the last 20 years, with about 30 percent of children now considered overweight.
Driver will be at the event on Saturday, July 14, from 10 a.m. to noon, at Henry Vilas Zoo.


text:
You are currently browsing the tag archive for the 'to be or not to be' tag.
As if I wasn't busy enough already, I decided I needed more obligations and things to do. And so I became… an examiner. For those of you who've just woken up from your winter hibernation, or landed from another planet, or for whatever other unfathomable reason never heard of WWW.EXAMINER.COM, here it is. Take a look, make yourself at home, suck on your your welcome candy, and try on the house slippers, as I hope you will come back often. It's more than just a website. It's a golden well of information of all kinds, your reference guide, "to go" web address whether you're into cooking, gardening, scrap-booking, eating out, yoga, celebrity stalking or even if you're on the market for a new pet. (Note to self: search the examiner.com for info on pet rescue, which has been on my mind for a while now!) In other words examiner.com is your modern day Delphi sans the trans and constant high.
I must admit, my ego was pleasantly tickled when I finally saw my own page on examiner.com this morning. Also, WHAT-HAVE-I-DONE? question dipped in fear torpedoed across my skull. How will I find the time to feed my blog AND a column on examiner.com three to four times a week each? I guess I'll figure the dirty details out later. I like this too much.
You may consider this cheating, but to my excuse I have some writing to do, then lots of cooking, more cooking, then research and planning, and designing, and then some cooking again, and writing to do later. Hence, I'll just give you a link to my virgin article on examiner.com with a brand new recipe for delicious summer treat of HONEY-DEW MELON SOUP WITH MASCARPONE.
The very first time I had this chilled soup, I was in heaven. However, upon the second taste it seemed a tad too creamy and rich for my liking. Hence, I tweaked the original recipe, forgone all the cream involved, and substituted it with light coconut milk and non-fat greek yogurt.
I made the amalgam for one of the monthly gatherings of my fellow Los Angeles Food Bloggers, described by Lynne on the pages of her blog (www.CookAndBeMerry.com) back in July. She's also the author of the below photo, and trust me it does not give justice to her photographic talent you'll see on her website.
Having said all that, I invite you to check out examiner.com. Show me the love by visiting my page as often as you want/can, by leaving comments and then sharing the link with other peeps through your Twitter/Facebook/StumbleUpon pages, or what-have-you. I will grately appreciate such affection and will reciprocate with more hopefully useful tips and yummy ideas.
And know, it's not about the money. The examiner.com people do compensate their writers… in pennies. Really. For me it's all about sharing the joy of finding and cooking with fresh ingredients, whether you live in Hollywood (Hi, neighbor!), or other parts of the U.S. It's about encouraging one another in our efforts to create a better and healthier way of living for ourselves and our families. It's about outsmarting the system and giving our hard earned dollars to the local farmers, or farmers period, rather than the mass producers of food-like products with unpronounceable ingredients. Maybe they'll finally hear our demand, thus improve the quality of the food they put on the market, and the food recalls we hear about every week will become just sad history. Are you with me on that?


text:
Water is basic to life and health. Water makes up about 60% of your body's weight, on average. Every system in your body depends on water to function. Safe drinking water is one of the most valuable resources we have. The United States has one of the safest public water supplies in the world, yet every year, millions of cases of illness associated with public drinking water systems are estimated to occur nationally. The Idaho Department of Environmental Quality, Idaho Department of Health and Welfare, and Idaho's seven local public health districts protect public health by ensuring drinking water from public water systems in Idaho is safe.
Recreational water use is associated with significant benefits to health and well-being. Despite these benefits, the Centers for Disease Control and Prevention has noted a steady increase in the number of reported outbreaks of diarrheal illness associated with recreational waters; these reports suggest that spread of illness through aquatic venues occurs routinely during the swimming season. The Idaho Division of Public Health works with Idaho's local public health districts to investigate outbreaks of illness associated with drinking or recreational water.
Recreational water is any water which is used by a significant number of persons for recreation or play. Recreational waters may be natural bodies of water, such as oceans, lakes, rivers, ponds, and hot springs; artificial bodies of water such as reservoirs; or man-made facilities such as swimming pools, plunge pools, splash parks, water parks, hot tubs, and spas.
Recreational waterborne illnesses (RWIs) are illnesses that result from swallowing, breathing, or having contact with recreational water. RWIs can be caused by microorganisms (e.g., bacteria, protozoa, algae, viruses), other parasites, or chemicals. RWIs can cause a wide variety of problems including upset stomach, diarrhea, rash, difficulty breathing, and infections of the eye, ear, skin, brain, or other organs. The most commonly reported RWI is diarrhea. Other hazards associated with recreational water include drowning, injury, exposure to temperature extremes, and dangerous animals.
Publications on Recreational Waterborne Outbreaks in Idaho:
Drinking water typically originates as surface water, such as lakes and rivers, or groundwater, such as an aquifer. Drinking water may be obtained directly from private wells or public water systems, or from commercial sources, such as bottled water. Most people in Idaho get their water from a public water system that must meet health-based drinking water standards.
Illnesses acquired from drinking water can be caused by microorganisms (e.g., bacteria, protozoa, algae, viruses), naturally-occurring or man-made chemicals, or naturally-occurring or man-made radioactive compounds. In the United States, the most common causes of reported outbreaks of drinking water-associated illness are bacteria and chemicals. Persons can become ill from swallowing drinking water or from inhaling water from a drinking water supply, for example, while taking a shower.
Publications on Drinking Water Associated Outbreaks in Idaho:


text:
Jump to navigation Jump to search
Consecration is the solemn dedication to a special purpose or service, usually religious. The word "consecration" literally means "to associate with the sacred". Persons, places, or things can be consecrated, and the term is used in various ways by different groups.
- But, in a larger sense, we can not dedicate, we can not consecrate, we can not hallow, this ground. The brave men, living and dead, who struggled here, have consecrated it, far above our poor power to add or detract.
- Abraham Lincoln, The Gettysburg Address (19 November 1863).
- I like that ancient Saxon phrase, which calls
The burial-ground God's-Acre! It is just;
It consecrates each grave within its walls,
And breathes a benison o'er the sleeping dust.
- Henry Wadsworth Longfellow, God's-Acre, st. 1 (1842).
Dictionary of Burning Words of Brilliant Writers (1895)[edit]
- Reported in Josiah Hotchkiss Gilbert, Dictionary of Burning Words of Brilliant Writers (1895).
- Ah, my friends, it is not only from the study walls of pastors, but from the walls of every shop, every counting-room, and every hall of justice and legislation, that the countenance of the all-holy Jesus is looking down, and saying, "Do all for me."
- Theodore L. Cuyler, p. 159.
- Live, as it were, on trust. All that is in you, all that you are, is only loaned to you; make use of it according to the will of Him who lends it; but never regard it for a moment as your own.
- François Fénelon, p. 159.
- See that you receive Christ with all your heart. As there is nothing in Christ that may be refused, so there is nothing in you from which He must be excluded.
- John Flavel, p. 158.
- Living or dying, Lord,
I ask but to be Thine;
My life in Thee, Thy life in me,
Makes heaven forever mine.
- Henry Harbaugh, p. 160.
- Teach us, Master, how to give
All we have and are to Thee;
Grant us, Saviour, while we live,
Wholly, only Thine to be.
- Frances Ridley Havergal, p. 159.
- Seek to make life henceforth a consecrated thing; that so, when the sunset is nearing, with its murky vapors and lowering skies, the very clouds of sorrow may be fringed with golden light. Thus will the song in the house of your pilgrimage be always the truest harmony. It will be composed of no jarring, discordant notes; but with all its varied tones will form one sustained, life-long melody; dropped for a moment in death, only to be resumed with the angels, and blended with the everlasting cadences of your Father's house.
- J. R. MacDuff, p. 159.
- If you want to live in this world, doing the duty of life, knowing the blessings of it, doing your work heartily, and yet not absorbed by it, remember that the one power whereby you can so act is, that all shall be consecrated to Christ, and done for His sake.
- Alexander Maclaren, p. 158.
- Take me, O my Father, take me!
Take me, save me, through Thy Son;
That which Thou wouldst have me, make me,
Let Thy will in me be done.
Long from Thee my footsteps straying,
Thorny proved the way I trod;
Weary come I now, and praying —
Take me to Thy love, my God!
- Ray Palmer, p. 158.
- God consecrates us with His Spirit; whom He adopts, He anoints; whom He makes sons, He makes saints; He doth not only give them a new name, but a new nature. God turns the wolf into a lamb; He makes the heart humble and gracious; He works such a change as if another soul did dwell in the same body.
- Thomas Watson, p. 159.


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i. Use and reproduce the Program Materials solely to develop, test, promote, measure, support and operate Your Services. If the Program Materials include any libraries, sample code, or other materials we make available specifically for incorporation in Your Services (as indicated by the applicable documentation), you may incorporate those particular Program Materials in Your Services and reproduce and distribute those Program Materials as incorporated in Your Services. You may also modify any such sample code to the extent necessary to incorporate it in Your Services. All sample code will be identified as such.
ii. Use and display Twitch Marks in accordance with the Twitch Brand Asset Guidelines located at https://www.twitch.tv/p/brand/, solely to attribute Twitch's offerings as the source of the Program Materials as set forth in this Agreement.
3. Limitations. You must comply with all instructions and requirements in any integration documents, guidelines, policies, or other documentation that we provide or make available to you. You will not reverse engineer, disassemble or decompile the Program Materials or otherwise compromises Twitch's rights in the Program Materials. You will not take any action related to the Program Materials that interferes with, damages, or accesses or uses in any unauthorized manner the hardware, software, networks, technologies or other properties or services of Twitch or of any end user, mobile operator or other third party. You will not use the Program Materials with any software or other materials that are subject to licenses or restrictions (e.g., open source software licenses) that, when combined with the Program Materials, would require Twitch to disclose, license, distribute or otherwise make all or any part of such Program Materials available to anyone. You will not remove, modify, or obscure any copyright, patent, trademark or other proprietary or attribution notices on or in any Program Materials. All licenses granted to you in this Agreement are conditional on your continued compliance with this Agreement, and will immediately and automatically terminate if you do not comply with any term or condition of this Agreement.
4. Incorporated Terms. Your use of the Program Materials is further subject to and governed by the following terms and conditions:
Twitch Trademark Guidelines located at https://www.twitch.tv/p/legal/trademark/ ("Trademark Guidelines") as it relates to your use and display of the Twitch Marks; and Twitch's Community Guidelines located at https://www.twitch.tv/p/legal/community-guidelines/ ("Community Guidelines").
Your Services will not, and you will not encourage or create functionality for your end users or other third parties that violates Twitch's Community Guidelines.
In the event of a conflict between this Agreement and any of the above policies, this Agreement shall control.
A. Ownership of Program Materials. The Program Materials are the intellectual property of Twitch or its licensors. The Program Materials are licensed, not sold, and Twitch retains and reserves all rights not expressly granted in this Agreement. You expressly acknowledge that Twitch, its licensors and its end users retain all worldwide right, title and interest in and to the Program Materials, Twitch Services and Twitch Content, including all rights in patents, trademarks, trade names, copyrights, trade secrets, know-how, data, insights into such data (including all derivative works, applications therefor), and all proprietary rights under the laws of the United States, any other jurisdiction or any treaty.
B. Ownership of Your Services. Except to the extent Your Services contain Program Materials or Twitch Content, you (or your licensors) own all right, title and interest in Your Services and Twitch claims no ownership or control over Your Services.
C. Feedback. You may provide Twitch with comments concerning the Program Materials, Twitch Services or your evaluation and use thereof (collectively, "Feedback"). You hereby grant Twitch all right, title and ownership of such Feedback (including all intellectual property rights therein), and Twitch may use the Feedback for any and all commercial and non-commercial purposes with no obligation of any kind to you.
A. Developer Accounts. You will need to create an account to have access to the Program Materials. In conjunction with such account, you will: (a) provide true, accurate, current and complete information about yourself and your business (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You may be limited by the account creation process to one account for email address. You are entirely responsible for the security and confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You will not share your account information or your user name and password with any third party or permit any third party to log on to the Program Materials using your account information. You agree to immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware. You agree that we can use, store, and share information submitted by you to Twitch in connection with your registration as permitted in our Privacy Policy. Twitch maintains the right to cancel your developer account for any reason or no reason at all, at any time.
B. Keys. Once you have successfully registered Your Services, you will be issued one or more unique security keys, secrets, tokens, access codes, passwords or other credentials (collectively, "Keys"). The Keys enable us to associate your Program Materials with Your Services and end users of Twitch Services. All activities that occur using your Keys are your responsibility. Keep them secret. Also, you may not sell, transfer, or sublicense them.
C. Rate Limits. You will not attempt to exceed or circumvent limitations on access to and use of the Program Materials, exceed or circumvent any limitation on the API calls you may make, or otherwise use the Program Materials in a manner that exceeds reasonable request volume, or constitutes excessive or abusive usage ("Rate Limits"). If Twitch, at its sole discretion, determines that you have attempted to exceed or circumvent Rate Limits, or other controls that limit use of the Program Materials, then your ability to use the Program Materials may be temporarily suspended or permanently blocked.
D. Security Measures. Your network, operating system and the software of your web servers, databases, and computer systems must be properly configured to securely operate and store Your Services. Your Services must use industry standard security measures to protect against and prevent security breaches of Your Services and any unauthorized disclosure of the personal information of your end users, including administrative, physical and technical safeguards for protection of the security, confidentiality and integrity of the personal information of your end users and the Program Materials. You must promptly report any security deficiencies in, or intrusions to, Your Services that you discover or are reported to you to Twitch in writing via email to firstname.lastname@example.com or subsequent contact information posted in the Twitch Developer Site.
E. Audit and Monitoring. You agree to provide us with access to Your Services and/or other materials related to your use of the Program Materials as may be requested by us to verify your compliance with this Agreement, to audit your use, display and storage of the Program Materials, and/or to improve the Twitch Service. You agree that we may crawl or otherwise monitor Your Services related to your use of the Program Materials and you agree not to block or interfere with such efforts by Twitch.
Twitch may provide you with support or modifications for the Program Materials in our sole discretion and Twitch may stop providing support or modifications to you at any time without notice and without any obligation or liability to you. You are solely responsible for providing user support and any other technical assistance to end users of Your Service. Twitch may redirect Customers and potential end users of Your Service who have inquiries or who require support to the email address contained in your Registration Data.
A. This Section VI sets forth Twitch policy with respect to your use and disclosure of data collected from your Extensions or Drops Programs (as defined in the Schedules), or through your use of related Program Materials, including any insights derived from that data or in combination with other data to which you have access.
B. Data may not be used for purposes other than (a) creating compelling benefits that improve the end user experience in your Extensions or Drops Programs and are also exclusive to the Twitch Services; (b) sending administrative communications such as facilitating the redemption of digital items to end users or notifying an end user of updates for customer service purposes; (c) sending periodic promotional communications to end users regarding features and benefits of your Extensions or Drops Programs that are available to all end users of Twitch Services (provided, You present a mechanism to allow an end user to unsubscribe to promotional communications and such communications' primary purpose is not to promote or drive Twitch's end users to competing products or services); (d) as necessary to process transactions (i.e., charging broadcasters for certain functionality); and (e) for the limited purposes for which the end user has given you permission to do so; provided, that Twitch provides express prior approval for such limited purposes. Notwithstanding the foregoing, and without limiting the generality of the Agreement, Twitch reserves all right to terminate this Agreement for violations of this Section VI in its sole discretion at any time, with or without advance notice.
C. Data, including any data you collect about Twitch's end users or their browser activity, or insights derived from that data, may not be sold or made available to, or otherwise shared with, any affiliates or third parties for any purpose without Twitch's permission.
D. If you receive personal or sensitive information from end users, you must store and process it reasonably securely with appropriate administrative, organizational, technical, and physical security controls and only for as long as it is needed. Any data collected that you share with a third party with Twitch's permission is subject to these requirements and may only be used by that third party or entity for the purposes identified above.
E. With respect to Extensions and Drops Programs, you must include the functionality for an end user to login with an existing Twitch user ID or link the end user's Twitch user ID with your App ID. Any request to Twitch's end users to authenticate into your Apps, or functionality that permits authentication, must reasonably disclose the permissions being sought for access to the end user's data but may not in any circumstances contradict this Agreement, and use only authentication flows that are set forth in the relevant Program Materials or have been approved by Twitch. You may not continue to associate a user ID with an end user if he or she un-authenticates from your App.
F. You must delete all data collected upon termination of the Agreement, revocation or reduction in scope of end user authorization, or upon Twitch's request, and cause any affiliates or third parties with whom you have shared copies to do the same.
G. In the event you are registered as an individual developer and become employed by a third party, or the entity you represent undergoes a corporate change in control through merger, acquisition, or otherwise, you must obtain our express prior approval before your new employer or the surviving entity, as the case may be, may collect, store, use, disclose, or otherwise process the data described herein -- including any insights or aggregated information derived from such data or user-related data.
We reserve the right to change this Agreement at any time in our discretion. We will give you notice of the changes by posting an updated version of this Agreement online or by emailing you at an email address you have provided. Changes to the payment of applicable Royalties will be effective 30 days after we post them or otherwise notify you of them. Any other changes to the Agreement will be effective as of the date we post them or otherwise notify you of them, unless we specify a different effective date when we make a particular change. You are responsible for checking for Agreement updates. Your continued use of the Program Materials after changes to this Agreement take effect will constitute your acceptance of the changes. If you do not agree to a change, you must stop using the Program Materials and terminate this Agreement.
The term of this Agreement will commence on the earlier of your acceptance of these terms or your first use of any of the Program Materials and the term will continue until either party terminates this Agreement. Twitch may immediately terminate or suspend this Agreement, any rights granted herein, and/or your license to the Program Materials, at its sole discretion at any time, for any reason with or without advance notice. Twitch may further terminate, suspend, or discontinue the Program Materials or any part thereof or may provide limits on access or use of certain features or elements of the Program Materials. You may terminate this Agreement at any time by ceasing use of all Program Materials. Upon termination of this Agreement, all licenses granted herein immediately expire and you must cease use of all Program Materials. The parties to this Agreement will not be liable to each other for any damages resulting solely from termination of this Agreement as permitted under this Agreement. Sections III, VII, VIII, IX, and X of this Agreement will survive termination of this Agreement.
You will: (a) protect and not disclose information made available by us that is identified as confidential or that reasonably should be considered confidential; (b) use this information only to fulfill your obligations under this Agreement; and (c) either destroy or return all such information to us promptly when the Agreement terminates (and, upon request, confirm such destruction in writing). This paragraph covers all confidential information regardless of when you receive it. You acknowledge that Twitch may make public statements describing Your Services along with its integration with Twitch.
You represent, warrant and covenant that:
A. You are at least the legal age of majority and that you are able to form a legally binding contract. If Developer is a business or other legal entity and not an individual, then the individual entering into this Agreement on Developer's behalf represents that he or she has all necessary legal authority to bind Developer to this Agreement;
B. You have the full right, power, and authority to enter into and fully perform this Agreement;
Before providing Twitch or any end user Your Services, you will have obtained the rights necessary for the exercise of all rights granted under this Agreement, and you will be solely responsible for and will pay any licensors or co-owners any royalties or other monies due to them related to Your Services;
C. None of Your Services or the sale, distribution, or promotion thereof will violate any law; require Twitch to obtain any license, authorization, or other permission from any governmental agency or other third party; contain any defamatory material; or violate or infringe any intellectual property, proprietary, or other rights of any person or entity (including contractual rights, copyrights, trademarks, patents, trade dress, trade secret, common law rights, rights of publicity, or privacy, or moral rights);
D. Your Services may be imported to, exported from, and lawfully used in the United States, all countries in which we operate a particular product or service defined in a Schedule, and all countries in which you've authorized sales to end users (without the need for us to obtain any license or clearance or take any other action) and Your Services are in full compliance with all applicable laws governing imports, exports, and use, including those applicable to software that incorporates or makes use of information security technology, including but not limited to encryption technology;
E. Your Service will not contain any viruses, spyware, "Trojan horses," or other "malware" or harmful code, and will not cause injury to any person or damage to any property; and
You will include any attributions, copyright information and other notices, terms and conditions that may be required to be provided to end users based on your use of third party "open source" software or other third party intellectual property in your Service.
A. Compliance with Laws. You will comply with all applicable foreign, federal, state, and local laws, rules and regulations. You will maintain throughout the Term all rights and licenses that are required with respect to your Services. You represent and warrant to Twitch that, excluding the Program Materials, you have the right to use, reproduce, transmit, copy, publicly display, publicly perform, and distribute Your Services, and that use of Your Services by Twitch and its end users will not violate the rights of any third party, or any applicable regulation or law, including the Digital Millennium Copyright Act, the laws of any country in which Your Services are made available and any applicable export laws.
B. Privacy Obligations. In addition, if you (or any third-party plug-in or service provider you use) have access to any name, password, other login information, or personally identifiable information or personal data of any end user based on your use of the Program Materials or any use of or interaction with Your Service, you will (i) provide legally adequate privacy notices to such end user, (ii) obtain any necessary consent from the end user for the collection, use, transfer, and storage of the information, (iii) use and authorize others to access and use the information only for the purposes permitted by the end user or as set forth in this Agreement, and (iv) ensure the information is collected, used, transferred, and stored in accordance with applicable privacy notice(s) and applicable laws. Without limiting the generality of this Agreement, you will provide Twitch with reasonable assistance in relation to Twitch's handling of requests from end users to exercise their individual rights under applicable data privacy law, for example, the right to access data, to compel data deletion or correction, etc. You may not use Program Materials that Twitch intended to provide in the form of anonymous data to personally identify end users unless expressly permitted by Twitch.
C. Export and Import. The Program Materials may not be sold, leased, downloaded, moved, exported, re-exported, or transferred across borders without a license, or approval from the relevant government authority, to any country or to any foreign national restricted by U.S. export laws, including countries embargoed by the U.S. Government (currently Cuba, Iran, North Korea, Northern Sudan and Syria); or to any restricted or denied end user including, but not limited to, any person or entity prohibited by the U.S. Office of Foreign Assets Control; or for any restricted end-use.
D. Warranty Disclaimer. THE PROGRAM MATERIALS ARE PROVIDED TO YOU "AS IS", "WHERE IS", WITH ALL FAULTS AND EACH PARTY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TWITCH DOES NOT WARRANT THAT THE PROGRAM MATERIALS WILL MEET ANY OF YOUR REQUIREMENTS OR THAT ITS USE WILL BE ERROR-FREE, UNINTERRUPTED, VIRUS-FREE OR SECURE. THIS DISCLAIMER OF WARRANTY MAY NOT BE VALID IN SOME JURISDICTIONS AND YOU MAY HAVE WARRANTY RIGHTS UNDER LAW WHICH MAY NOT BE WAIVED OR DISCLAIMED. ANY SUCH WARRANTY EXTENDS ONLY FOR THIRTY (30) DAYS FROM THE EFFECTIVE DATE OF THIS AGREEMENT (UNLESS SUCH LAW PROVIDES OTHERWISE).
E. Indemnification. You will defend, hold harmless, and indemnify Twitch from any claim, demands, suits or action brought by a third party, including all damages, liabilities, and costs (including without limitation reasonable attorneys' fees) to the extent arising out of: (i) your use of the Program Materials in any manner that is inconsistent with this Agreement; (ii) your breach of your representations, warranties or obligations; or (iii) the performance, promotion, sale or distribution of Your Services (each, a "Claim"). You will not consent to the entry of a judgment or settle a Claim without our prior written consent, which may not be unreasonably withheld. You will use counsel reasonably satisfactory to Twitch to defend each Claim. If we reasonably determine that a Claim might adversely affect Twitch, we may take control of the defense at our expense (and without limiting your indemnification obligations). Twitch shall not settle any such claim requiring payment from you without your prior written approval.
F. Limitation of Liability. IN NO EVENT WILL TWITCH BE LIABLE TO YOU OR ANY CUSTOMER FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF OR DAMAGE TO USE, DATA, BUSINESS, GOODWILL OR PROFITS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR PROGRAM MATERIALS. INSOFAR AS APPLICABLE LAW PROHIBITS ANY LIMITATION ON LIABILITY HEREIN, THE PARTIES AGREE THAT SUCH LIMITATION WILL BE AUTOMATICALLY MODIFIED, BUT ONLY TO THE EXTENT SO AS TO MAKE THE LIMITATION COMPLIANT WITH APPLICABLE LAW. THE PARTIES AGREE THAT THE LIMITATIONS ON LIABILITIES SET FORTH HEREIN ARE AGREED ALLOCATIONS OF RISK AND SUCH LIMITATIONS WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
G. Miscellaneous
1. Entire Agreement. This Agreement (and the incorporated terms referenced in the Schedules) constitutes the entire agreement among the parties with respect to the subject matter and supersedes and merges all prior proposals, understandings and contemporaneous communications.
2. Assignment. You may not assign any of the rights or obligations granted hereunder, in whole or in part, whether voluntarily or by operation of law, except with the prior written consent of Twitch. Any attempted assignment in violation of this paragraph is null and void, and Twitch may terminate this Agreement.
3. No Joint Venture. This Agreement does not create or imply any partnership, agency or joint venture.
4. Applicable Law and Venue Section. This Agreement will be governed by and construed in accordance with the laws of the State of Washington, without regard to or application of conflicts of law rules or principles. All claims arising out of or relating to this Agreement will be brought exclusively in the federal or state courts of King County, Washington, USA, and you consent to personal jurisdiction in those courts. The parties agree that neither the United Nations Convention on Contracts for the International Sale of Goods, nor the Uniform Computer Information Transaction Act (UCITA) shall apply to this Agreement, regardless of the states in which the parties do business or are incorporated.
5. Injunctive Relief. You agree that money damages would be an inadequate remedy for Twitch in the event of a breach or threatened breach of a provision of this Agreement protecting Twitch's intellectual property or Confidential Information, and that in the event of such a breach or threat, Twitch, in addition to any other remedies to which it is entitled, is entitled to such preliminary or injunctive relief (including an order prohibiting Company from taking actions in breach of such provisions), without the need for posting bond, and specific performance as may be appropriate.
6. No Waiver/Severability. No waiver by Twitch of any covenant or right under this Agreement will be effective unless memorialized in a writing duly authorized by Twitch. If any part of this Agreement is determined to be invalid or unenforceable by a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the remaining provisions of this Agreement will remain in full force and effect.
The terms of this Schedule apply if you use Twitch's APIs. "Twitch APIs" means any of the Program Materials we make available to use Twitch's application programming interfaces, embeddable players, and other materials, specifically found here: https://dev.twitch.tv.
For clarity, analytics data or metadata that we make available via both Twitch's APIs as well as other methods -- for example, a CSV file export, visualizations, graphs, charts, etc. -- in connection with end user activity on twitch.tv pertaining to Your Services are all considered "Program Materials" for the purposes of this Agreement. The terms in this Schedule are designed to provide you with guidelines and rules for developing Your Services, including without limitation tools that use and interact with Twitch's applications, services, APIs, content, community, and website. Our aim is to provide developers with a tools and services to build services and products that enrich, inform and evolve functionality on Twitch. Put simply - we want Your Services to be a new user experience that wows the community.
Guiding Tenets
Key Points
There should be no surprises:
Request only the data and publishing permissions Your Services need:
If Your Services allow end users to post content to Twitch, then, before publishing, we recommend showing the end user a preview of what will be published on Twitch.
We encourage you to use Twitch's embed products to showcase Twitch Content, if none exists, obtain authorization before using a Twitch's end user's content either (a) to promote a commercial product or service; or (b) within Your Services. Twitch does not own all Twitch Content provided by its end users, and offering APIs that allow you to reproduce or display Twitch Content is not an express or implied license to the content from Twitch. You must seek permission from Twitch's end users, or consider whether your use meets a legal exception.
Inappropriate & Appropriate Commercial Uses
Twitch will consider authorizing you to use the Twitch APIs to engage in the following activities only after entering into a separate agreement and running through an approval process:
Storage of Program Materials/Twitch Content
Follow end user controls when deciding whether to store an end user's data.
A) Delete Program Materials, or Twitch Content, Twitch reports as deleted or expired.
B) Honor changes made on or related to Program Materials and Twitch Content.
Requirements for Specific Features and APIs
1. Embeddable Player
2. Chat
We consider chat to be an essential component of the broadcast experience on Twitch. It is our belief, and we hope this informs your thinking, that Twitch broadcasters should be able to do the following with chat:
Specific guidelines with Chat:
Twitch Connect
Twitch Social Content and Data
If you allow end users to create social updates, allow end users to easily share content created in Your Services back to Twitch whenever possible.
Maintain the integrity of the Program Materials:
A. No-commingling of Program Materials, making modifications, and deleting portions of Program Materials that reveal incomplete data sets;
B. Update frequently to return accurate information.
Ensure that there is a clear path to the source from displays of Program Materials in Your Services. Appropriately attribute uses of Program Materials or Twitch Content.
The terms of this Schedule apply if you participate in Twitch Extensions.
In the event of conflict or inconsistency between this Schedule 2 and the body of the Agreement or another Schedule thereto, the order of precedence will be: the Agreement, Schedule 2, any other Schedule. This Schedule 2 includes all terms, rules and policies that we make available for participating and using the Program Materials associated with Twitch Extensions, including the documentation available from the Twitch Developer Site, in particular, located at https://dev.twitch.tv/docs/extensions/.
For the purposes of this Schedule 2, the term "Extensions" means Your Services that are licensed, sold, distributed, or promoted on the twitch.tv web application, or its mobile and console equivalents, in connection with Twitch Extensions.
Instructions, rules, and recommendations regarding your participation in Twitch Extensions follow:
Data Collection, Sharing, and Use
Commercial Activity
Bits in Extensions
License to Twitch
You grant Twitch a nonexclusive, worldwide, royalty-free license to reproduce, store, distribute, perform, display, modify, and use Your Services for the purpose of operating Twitch Extensions, including marketing, branding, and promoting Twitch Extensions. You may terminate the license you grant Twitch in connection with Your Services, however, Twitch may continue to retain an Extension, and associated content, on its systems for archival purposes.
Take Down and Removal
Twitch reserves the right to remove your Extension from Twitch Extensions, for any reason, at any time.
Without limiting the generality of the body of this Agreement, Twitch may collect, analyze, use and share data on the use of Your Extensions by broadcasters and end users.
Revenue Share, Payment Terms, Taxes
The terms of this Schedule apply if you participate in or use the Drops Program (as defined below).
In the event of conflict or inconsistency between this Schedule 3 and the body of the Agreement or another Schedule thereto, the order of precedence will be: the Agreement, Schedule 3, any other Schedule. This Schedule 3 includes all terms, rules and policies that we make available for participating and using the Program Materials associated with the Drops Program.
This Schedule, as incorporated into and made a part of the Agreement, binds your use of the Drops Program unless Twitch and you have executed another agreement that governs your use of the Drops Program in which case such other agreement supersedes this Agreement and the terms herein. Any capitalized terms used herein but not otherwise defined shall have the definitions set forth in the Agreement.
I. Definitions
"Aggregate Data" means viewing statistics of end users of Twitch Services that have been aggregated so that no individual viewer is identifiable.
"Drop(s)" are virtual goods offered to end users of Participating Games who achieve certain viewing milestones to be determined by you on Game Channels (i.e., minutes watched). Drops are not transferable between End Users Accounts and, once delivered, cannot be exchanged for other items without prior written approval from Twitch.
"Drops Program" means the program in which you are participating by agreeing to deliver Drops in exchange for access to VHS for a Participating Game in accordance with the terms of this Schedule.
"Game Channel" means a channel on Twitch.tv that features streams of a Participating Game that (a) is operated by you (you will identify such channels to Twitch and provide any updates); or (b) is a 3rd party channel selected through mutual agreement of the parties.
"End User Account" means the registered account of an end user of your games or services.
"Linked Accounts" means the End User Account and Twitch Account of a Linked User.
"Linked User" means a person who has both an End User Account and a Twitch Account, and has opted-in to link these accounts on the Opt-In Page. Linked Users exclude those persons who have linked multiple End User Accounts to one Twitch Account or vice versa.
"Linked User Data" means the data regarding Linked Accounts that Twitch will disclose to you via VHS pursuant to this Schedule, which may be amended from time to time at the sole discretion of Twitch. Linked User Data will only include data represented by the following fields: (i) Twitch Account ID for Linked User; (ii) requestinfo - Unique ID for a request; (iii) caster - Your Account ID of the Broadcaster; (iv) channel - Twitch Channel Name; (v) viewers - a count of all viewers; and (vi) viewer - a list of all your Account ID's that are viewing this "caster/channel" content.
"Opt-In Page" means the Twitch provided website that allows an end user of Twitch Services to opt-in to have his or her End User Account and Twitch Account linked.
"Participating Game" means one, or more than one, game(s) published by you (you will identify such games to Twitch and provide any updates).
"Twitch Account" means the registered account of an end user of the Twitch Services.
"Twitch Policies" means Twitch's Terms of Service (https://www.twitch.tv/p/terms-of-service), Privacy Policy (https://www.twitch.tv/p/privacy-policy), and this Agreement, including all the Schedules.
"VHS" means the Viewer Heartbeat Service of Twitch that, through an application programming interface accessible by a game developer through its developer account, allows such game developer to access Linked User Data regarding Linked Users on channels of Participating Games on Twitch.tv on a real-time basis.
II. Drops Program
A. Drops Program Obligations
1. Your Obligations
a. Develop Drops in connection with Participating Games for a Linked User to receive when such Linked User achieves certain measurable metrics on Game Channels, such as viewing behavior, game activity, or any combination thereof ("Milestones").
b. Determine each Milestone that a Linked User must achieve in order to be eligible to receive a Drop. You may not base Milestones on commercial transactions that take place on the Twitch Services and are initiated by a Linked User, including, without limitation, purchases of video games or in-game items, channel subscriptions, or purchases of Bits, without prior written approval from Twitch.
c. If requested by Twitch, notify Twitch (email to suffice) promptly after completing development of each Drop. Such written notification shall do the following (i) identify the Milestone required for a Linked User to receive such Drop; (ii) provide a description of the Drop; (iii) identify the Participating Game(s) associated with the Drop; and (iv) identify the Game Channel(s) where Drops will be provided to Linked Users that achieve the Milestones.
d. In order to receive VHS for a Participating Game, you shall develop and distribute at least one unique Drop per quarter for that Participating Game. Twitch may disable VHS for a Participating Game if, at the end of any quarter, you did not distribute a Drop for that Participating Game in that quarter.
e. Exclusive Content: If you distribute a Drop through the Drops Program, you shall not distribute such Drop (or any content materially similar to such Drop) on any third-party streaming platform for 30 days before or after initial distribution of that Drop ("Drop Window") through the Drops Program. Notwithstanding the foregoing, you may distribute such Drop (or any content materially similar such Drop) within your own games or platforms.
f. Exclusive Program: You will not enter into any program similar to the Drops Program with a third-party streaming platform for 90 days before or after initial distribution of a Drop through the Drops Program. The foregoing restriction does not apply to your own programs or any programs that existed as of the date you entered into this Schedule.
g. Develop Drops in a manner that is compatible with Twitch Services and in compliance with Twitch Policies.
h. Deliver Drops to Linked Users who have achieved the Milestones. This obligation shall exist so long as any Drops are able to be redeemed by Linked Users. You shall ensure that delivery of Drops to Linked Users are in accordance with your policies, and any applicable terms of service for the Participating Games. You may not allow end users to link multiple End User Accounts to one Twitch Account or vice versa, and, for clarity, such end users are ineligible for delivery of Drops by you notwithstanding the achievement of any Milestones.
i. Provide customer service and help documentation for Linked Users pertaining to the redemption, use, and delivery of Drops.
2. Twitch shall do the following
a. Implement a user interface on the Twitch Services that notifies a Linked User who has achieved a Milestone when Drops are available for such Linked User ("Drops Notification").
b. Display Drops Notifications on Game Channels for Linked Users who have achieved Milestones as determined by you.
c. Include a mechanism for broadcasters to disable or enable, during broadcasts of Participating Games, Drops for Linked Users that are viewing that channel ("Broadcaster Agreements"). The Broadcaster Agreements shall not charge broadcasters or in any way reduce their advertising commissions for participating in the Drops program. Such Broadcaster Agreements will provide that each participating broadcaster shall allow Drops Notifications to be displayed to Linked Users on such broadcaster's Game Channel.
B. Linked User Data
1. Twitch shall provide Linked User Data to you through VHS for each Participating Game for which you have developed and distributed Drops in compliance with Section I(A)(1). As a condition to receiving the Linked User Data, (i) you must create a developer account and agree to and comply with all Twitch Policies related to developer accounts, and (iii) you must comply with the Additional Privacy Obligations, including but not limited to the end user consent requirements, as set forth in Section III below. Twitch may immediately terminate your access to VHS for any breach of this Section.
2. Twitch grants you a revocable, royalty free license to use the Linked User Data and Aggregate Data ("Twitch Data") in the manner described under Section 6 of the Agreement, Data Policies.
C. Licenses
You hereby grant to Twitch a perpetual, worldwide, non-exclusive, royalty-free, no-charge, irrevocable license to reproduce, distribute, publicly display, publicly perform, modify and create derivative works of any Drops content made available to Linked Users through Twitch Services for the purposes of Twitch's performance of its obligations and exercise of rights as provided under this Schedule.
III. Ownership
A. As between Twitch and you, Twitch retains all right, title and interest in and to: (a) the Twitch Services, VHS, Linked User Data, Aggregate Data and any features of Twitch Services; (b) all modifications to and derivative works of the items described in subsection (a) above; and (c) any and all patents, copyrights, moral rights, trademarks, trade secrets and any other form of intellectual property rights recognized in any jurisdiction (collectively, "Intellectual Property Rights") embodied in the items described in subsections (a) and (b) above. All rights not expressly granted by Twitch to you herein are hereby reserved by Twitch.
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Kevin Nash Shoot Interview DVD-R
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In 1996 there was the unforgettable Monday Night Wars. A major battle waged between two of the biggest wrestling companies of all time; Vince McMahon's WWE and Eric Bischoffs WCW. Both men had their soldiers and when two of those soldiers jumped from one side to the other it completely changed the face of the war and even helped win the battle for a substantial amount of time. RF VIDEO sat down with one of those soldiers in his very first shoot interview that has teeth. You can call him what you want; Master Blaster, Oz, Vinnie Vegas, or Diesel, but we will call him BIG SEXY KEVIN NASH!!!!
This exclusive interview started off talking about Kevin's early start in WCW and how he was trained by Jody Hamilton. Kev went into all his crappy gimmicks and talked about which booker gave each particularly bad character. He talked about being very green and getting a push early on in WCW. You'll hear how Shawn Michaels wanted Big Sexy in the WWE months before Kevin came there and how Nash ended up getting out of his WCW contract. In a perfect Nash story, Big Sexy actually used the WCW office fax machine to fax the WWE!
Kevin discussed what it was like to work side by side with HBK as his bodyguard and how he learned from that experience along with how Nash became friends with Shawn and Scott Hall. We talk about how Nash broke away from Shawn to get his first singles push and what it was like for him to win the title from Bob Backland in the fabled Madison Square Garden. We know you want to hear about how the party scene was back then on the road and Kevin was not scared to tell us all about it. His road stories are some of the funniest we have ever captured on video, including a van ride with X-pac, Hall, HHH (who was sober), Nash, and HBK that almost landed them all in jail. You have to Nash telling the story of all of them washing down somas with alcohol and then going into a diner as the drugs were kicking into effect. A diner with 20 cops in it!
Nash talked about all of his major programs in the WWE and, of course, his matches Hall, Backlund, HBK, Bret Hart and Jeff Jarrett. Who could forget about all of the locker room antics of the Cliq? Well, Kevin talked about everything that was rumored to have went down in the locker room when he was there. Did they really tell Vince they were going on strike? Why did the Cliq have heat with Shane Douglas? Did they hate Chris Candido? What happened backstage when Pierre Ouelette refused to job to Nash in Canada? What about the curtain call in MSG, how did that all come about? Did Nash see tension with HBK and Bret Hart, and what were his thoughts on Survivor Series? You'll get answers to all those questions straight from a guy who pulls no punches!
Kevin went into great detail on why he quit the WWE and went to WCW as one half of the Outsiders with Scott Hall. Nash took us step by step of why he had a break down with WWE and how he landed his role in WCW as a key player in the New World Order gimmick. You will hear first hand about the meeting with Eric Bischoff at his house. Everything about the NWO was talked about including all of the backstage politics that went on with Hogan. We talk about the locker room fights with Roddy Piper, the in ring shoot with the Nasty Boys, and much
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I see some of my Facebook and
orthodox conservative Catholic friends are waxing I-told-you-so on "top director" Nick Cassavetes' suggestion that incest is okay. It's all the fault, so we are told, of the gay marriage movement. And it was all entirely predictable.
The comments come after he unveiled his latest movie "Yellow" – in which a woman had an incestuous affair with her brother that is in prison – at the Toronto Film Festival. The movie does not yet have a distributor in the states.
A guy who has directed seven films in sixteen years is not a "top" Hollywood director. He seems closer to being the Joe Shlabotnik of Tinseltown. And wonder of wonders–he has a movie made about incest.
So let's review. A guy who wants to get his film shown in US movie theatres makes an outlandish statement or two about sex between consenting adults. The dude seems to want attention. In a capitalistic, wanna-make-money way. So the Catholic Right complies with the request, and the publicist earns a paycheck for the week.
I'd say Mr Cassavetes has more in common with Jerry Springer or Howard Stern than same-sex couples. Looks like simple exploitative, opportunistic entrepreneurship to me–the kind of stuff that political candidates favored by the
orthodox conservative are lining up with this cycle.


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I am 77 years of age and I live in the city of Newcastle upon Tyne England.
I was born on the 14 September in the year 1935.
I am a married man and have five children and 35 grand children and great grand children.
I have written 55 books and my one aim in life is to see my work published.


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I just tried to read this discussion, twice.
I hope there isn't gonna be a test in the morning.
Can I just follow the "Wall of Fame" recommendations?, I'm starting to get a headache.
My own ears have an "unknown" frequency response curve, the headphones have a "known" frequency response curve! Can I discover a good set of settings to match to? , if so I could then just insert a dbx 31 band Eq. into the circuit to flatten out everything.
Thanks for trying to edjamakate us.
Tony in Michigan


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Miscellaneous thoughts about miscellaneous matters
From time to time, people ask me what I am writing, and I usually refuse to comment, and sometimes I tell why, and I did that today.
The reason is simple, many stories have one good telling, so I better get it written while I can. A number of years ago I thought of a great story, and I went through and thought out every bit of it from opening to dialogue to the ending. One evening, before I wrote it down I told some friends the story in all details that I could think of. They all
Recently I was writing a story about Harry visiting Atlantis, and Plato entered into the story for obvious reasons, and that got me to thinking about using people and characters as characters. That was especially true, when I was trying to use Socrates as a character also, but that didn't work out, because his execution came too early in Plato's career. But that didn't stop me from wondering what Socrates was actually like in the real world. That was after I realized that I didn't think much of
After writing a little about Cynicism I started wondering about good and virtue, as used in relation to the Cynics. What are they, and should we care? That's what happens when one thinks about Ancient Greek philosophy.
So what is "good"? There are many books by noted philosophers that comment on that question. Personally, I don't think there is a good definition, unless one circumscribes the word with so many conditions that it means barely anything. What's good for whom?
We have known for many years that photography is related to memory deficiencies, but it has not been demonstrated whether photography is the cause of defective memory, or if it is a result of having a defective memory, specifically an attempt to fill in for a natural memory, and it is possible that it varies from case to case.
It must be a pleasant surprise to people who cant remember much that there are devices to allow them to save images of persons, things, places, and events
Photography, a Symptom of Dementia
There was a convention of photographers near here recently. It spurred me to think more about the mental aberration that causes people to take photographs, but even after considering the matter, I am not certain exactly why people engage in that behavior, but there probably are several reasons.
The clearest rationale for photography is that photographers have poor memories. If they had good memories, then they wouldnt even


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Vote 1 Whoever Has The Ugliest Vice
I just noticed that a strong candidate in the race for next President of the United States is Fred Thompson. Fred played the District Attorney on Law & Order, and has acted in movies and TV shows as a Senator, Director of the CIA, White House Chief of Staff, an admiral, and, indeed, the President.
Now, let me be clear: the US is the world's leading light when it comes to freedom and democracy. Anybody who disagrees deserves the wiretappings, slur campaigns, arrest, and/or bombings they get. But come on: Fred Thompson? Isn't that purely because people will think, "Yeah, he seems like he should be in a position of authority… for… some… reason."
I have trouble with the whole idea of actors as politicians. We're electing someone whose primary skill is pretending. Maybe it's just me, but a guy who has spent most of his life honing the ability to lie convincingly; that makes me uncomfortable. Electing that guy seems to say, "Look, we don't care what you get up to. Just make sure you look earnest about it."
I understand a little. After all, we've all got to look at whoever gets elected for the next four years. They might as well be pretty. Then there are those international conferences, where the leaders of multiple countries get together to usher in new eras of co-operation and outsourcing. Sometimes they wear funny shirts. You can't send some shy, weedy nerd to that. Well, you can. Australia does. But it's embarrassing. You know if Arnold Schwarzenegger was President, he might be a policy disaster but America would look totally rocking in the APEC group photo. And while I'm not totally sure how these international agreements get formed, physicality has to be involved to some degree. I'm not saying they decide carbon emissions targets by sealing the doors, stripping to the waist, and grappling for supremacy. There's no way Bush could have taken Schroeder. That man is huge. But maybe late in the day, when everyone's tired, having Schwarzenegger plant his ham-sized fists on France's desk could close the deal.
The ideal, then, must be job-sharing. You have a strong, good-looking President to shake hands at the UN, and a smart, ugly President to stay home and make the tough decisions. Americans have clearly figured this out already, and it explains Bush-Cheney. And why Kerry lost in 2004: he's got a face like his pet hamster just died, while his running mate, Edwards, is too good-looking. You'd worry that Edwards would be at a tanning salon while Britain and France were sniggering at mean drawings of Kerry during his speech at G8. That ticket just didn't make sense.
The more physically attractive the President, the uglier the Vice should be, to compensate. It's the Conservation of Beauty principle.
Now Harrison Ford and Alan Greenspan: that would be a hot ticket. You wouldn't even have to know their policies. You would just look at that coupling of Ford's wild charisma with a guy as old as God and something inside you would click.


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Tag Archives: The valley of the shadow of death
The Lord is My Shepherd – Psalm 23
The 23rd psalm is known and appreciated by many, but it belongs personally only to those who call God their shepherd. It is a song of David's confidence in God who faithfully provides for him. David pictures God as a shepherd who guides, provides, and protects (vss. 1-4), and as a dinner host who nourishes and refreshes His guest (vs. 5-6). One gets the impression that David wrote this psalm at a time when he was experiencing hardship (perhaps when he was fleeing in the wilderness from Absalom). The psalm reveals a confidence in David's soul, no doubt the result of his relationship with God and his trust in the LORD's goodness and loyal-love. Whatever threat David was facing, he could rely on God's goodness and lovingkindness, and David knew the end of his life would be "in the house of the LORD forever" (vs. 6). Continue reading
Posted in Biblical Exegesis, Christian Theology, Living by Faith, Psalms, Suffering & Persecution Tagged A psalm of David, David as shepherd, David killed the bear, David killed the lion, faith in troubling times, God as our Shepherd, God as Shepherd, God is with me, God's love and goodness, God's loyal love, God's shepherds feed His people, He leads me beside quiet waters, He restores my soul, I will dwell in the house of the Lord forever, I will fear no evil, Jesus is the good Shepherd, Jesus is the great Shepherd, Lie down in green pastures, Psalm 23, Surely goodness and mercy will follow me all the days of my life, the 23rd Psalm, The Lord is my Shepherd, The meaning of chesed, The name of the LORD, the name of YHWH, The valley of the shadow of death, You prepare a table before me in the presence of my enemies, Your rod and staff comfort me 12 Comments


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Mick Jagger talks Rolling Stones' tour, recording plans
The Rolling Stones recently announced their first North American tour since 2006. The "50 and Counting" tour (to honor the band's 51 years together) kicks off Thursday at the Staples Center in Los Angeles. Alas, the band was not planning at the moment to stop by our area this time around. The indefatigable Mick Jagger -- who turns 70 later this year -- spoke about the tour, reuniting with an old friend and future recording plans.
After the Stones came off the road the last time, did you think another tour was inevitable?
They're never inevitable. Everyone had a really good time in the five shows before Christmas . We wanted to see how the band was playing, how people were reacting. We didn't get too much moaning or complaining.
What was quite good is that we set a small goal. We rehearsed for a long time, as if we were doing 100 gigs. But it's helpful to do these things in bite-size pieces, so you're not feeling there's this dreadful endless thing of being on the road. You knew it was going to be done. Similarly, this tour has modest demands. At the beginning of the summer, you're done. We're not going crazy, so everyone was up for that.
Why did you book arenas instead of stadiums?
The Christmas shows were arena shows. We got that going, and we're content with doing that. We're doing a few outside festival shows in England, but we just feel more in the groove doing arenas.
Your old guitarist, Mick Taylor, will be touring with you for the first time since the '70s. How did that come about?
He played very well as a guest in the shows last year, though he only played on one song. We had a lot of guest guitarists. It was fun trying to keep track of all of them. I was scared of announcing the wrong guy, like introducing Jeff Beck instead of Eric Clapton or something. I had to have cue cards in front of me with so many guests. Ronnie [Wood] would stand behind me saying, "You've got the wrong one!" But Mick Taylor played well, and he's going to do a guest spot on this tour. I don't know how many songs it will be.
What about your old bass player, Bill Wyman? Was he asked to rejoin?
He played with us in London last year, but he's not keen on touring. He made that very clear to us.
Any surprises on the set list, or will it be mostly greatest hits again?
Well, we have quite a lot of songs. We will swap around somewhat. I'm interested in feedback and learning what people want. It's a tricky thing for me when I do a set list. You get bored doing the same songs. Let's say we do one ballad in two hours, and it's "Wild Horses." If you say, I'm tired of that, let's try something less well known, and then you're out there stumbling through this song you just relearned at sound check, and you realize people probably want "Wild Horses" instead of this laughs]. You do need to do some songs that aren't so well known. The question is how many? I'm open to people posting their requests.
I've heard from many people who say they would like to go to the shows but can't afford a ticket . What do you say to them?
If you really can't afford a ticket, it's sad. I feel bad about that. But there are seats at different prices. We have some cheap ones that are quite good, too. There's a price for everybody, I think.
People are already fretting that the secondary ticket market will gobble up most of the best seats and resell them at several times face value. What is your attitude toward these secondary market sellers, and are the Stones participating at all in those profits?
I'm very much against the secondary ticket market. I don't know anyone who isn't. We have a lot of secondary market problems in the U.K.; it's really bad there. Personally, we don't participate in it. That's the view we take. I think it should be illegal, and in the U.K., it would be very easy to stop it. It's a bigger problem in the U.S.
Is there any new Stones music or an album in the works?
I have a lot of songs, and I'd love to do some more recording with the band. But we're going to get through the tour first and then see what happens.


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Food Safety, Female Farmers, and More in Food Policy This Week
A roundup of news clippings we're reading that affect the way we eat.
Food Safety Modernization Act In Effect November 20th
On November 20th, parts of the Food Safety Modernization Act will go into effect, which marks the first update to the U.S.'s food safety policies since 1938. This update is in part due to recent deadly outbreaks of food-borne illness. But many are criticizing FSMA's one-size-fits-all approach to food safety. Many small farmers will have to comply with similar or same regulations as larger farms, which they may not be able to afford. This piece from Forbes lays out the economic difficulties awaiting many small farmers, including increased cost of water and compost testing. The FDA extended the public comment period on FSMA until November 22nd.
More Than 1 Million Woman Farmers in U.S.
A USDA report released in April reveals that there are more than 1 million female farmers in the U.S. This figure includes women who are both primary and secondary farm operators, and represents about 30% of all American farmers. The report also shows that the number of woman-operated farms doubled between the years 1982 and 2007. This phenomenon was seen across "sales classes," meaning that both small and large farms saw this increase in female farm involvement. Kathleen Merrigan, now-former Deputy Secretary of Agriculture, also notes that many beginning farmers are women. All of these statistics indicate that women should have an important voice in coming years of food and farm policy.
AP Report on Ethanol Reveals Biofuels' High Political and Environmental Consequences
In this lengthy and revelatory report, the AP brings to light the many negative environmental consequences of the Obama administration's ethanol push. The article traces ethanol's history from 2007, when then-President Bush signed a law requiring oil companies to add ethanol to their fuels, through the Obama campaign's support of ethanol as a leverage point in the 2008 election. As farmers worked in recent years to plant corn for ethanol, they destroyed or tilled over 5 million acres of conservation land. That corn required use of pesticides, fertilizers, and extensive irrigation, given that the crop was often planted on land unfit for cultivation. Extensive government reports have called into question the supposed environmental benefits of using biofuels. Read the AP piece for more details.
Unilever Plans to Source Sustainable Palm Oil by 2015
Palm oil plantations are a major source of deforestation in countries like Malaysia and Indonesia. Consequently, any environmental protection groups in those countries and abroad advocate for the sourcing of sustainably-grown and legally-produced palm oil. Last week, Unilever, a huge consumer good company, announced their commitment to trace their palm oil sources in order to weed out unsustainable or illegal growers. As of 2012, only 5% of their palm oil was traced. Demand for palm oil has increased substantially in the past few years—the shelf-stable ingredient can be found in shampoos, lipstick, and margarine, among other goods.
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