Loco_Streaming Services Agreement (Nov 2022)
This streaming services agreement (the Agreement ”) is entered into by and between Stoughton Street
Tech Labs Private Limited, (hereinafter referred to as the “Company” or Stoughton, which
expression shall be deemed to mean and include its affiliates, successors and assigns) and You
(hereinafter referred to as the “Streamer”, “You”).
You and Stoughton hereinafter are collectively referred to as the “Partiesand individually referred to
as the “Party”.
A. Stoughton owns, develops and operates the game-streaming service providing software
application, titled ‘Loco’, and its network of websites, software applications as well all other
products and services offered by Stoughton (the “Loco Streaming Services”/Loco”).
B. By using the Loco Streaming Services or by clicking to accept or agree to the Agreement when
this option is made available to You, You accept and agree to be bound and abide by the terms
of the Agreement. If You do not agree to the terms of the Agreement, You shall not access or
use the Loco Streaming Services.
C. You affirm that You are at least 18 years of age or the age of majority, in the jurisdiction You
are accessing or using the loco streaming services from, and are fully able and competent to
enter into the terms, conditions, obligations, affirmations, representations, and warranties set
forth in the agreement, and to abide by and comply with the agreement.
Stoughton shall have the right to amend any of the terms of the Agreement due to changes in applicable
regulations and policies, products, operational needs and the circumstances under which the
Agreement is performed. The amended Agreement will be posted on the platform of Loco and You
hereby acknowledge and accept that such posting shall amount to sufficient notice of the amendment
of the Agreement by Stoughton. Further, Your continued use of the Loco Streaming Services upon the
effective date (as shown in the last modified date) of the amended Agreement shall constitute the
unconditional acceptance of the amended Agreement by You.
1. Introduction
1.1. You, as a live streamer, may carry out live streaming with various game-based focuses, such as
online games, e-sport competitions etc., to the users of Loco.
1.2. Before signing the Agreement, You acknowledge that You have fully read and comprehended
the rules and requirements of Stoughton and represent and warrant that You have full capacity
to perform Your duties and obligations under the Agreement. You shall submit relevant
qualifications to Stoughton, if needed or requested by Stoughton. This Agreement constitutes
legal, valid, and binding obligations upon You, enforceable against You in accordance with its
1.3. When using the Loco Streaming Services, You shall abide by the laws and regulations of the
applicable governing law and the laws of other relevant jurisdictions, as may be applicable.
1.4. You agree that You shall not use the Loco Streaming Services to:
(a) violate any law (including but not limited to laws relating to torts, contracts, patents,
trademarks, trade secrets, copyrights, defamation, obscenity, pornography, rights of
publicity or any other rights) or encourage or instruct another to do so;
(b) stream any content that depicts any minor (person under the age of 18 years, or under
such age as may be the age of majority in the relevant jurisdiction);
Loco_Streaming Services Agreement (Nov 2022)
(c) stream any content that contains false representations or misrepresentations which
could damage the interests of Loco or any third party;
(d) stream any content that is obscene, illegal, unlawful, defamatory, libelous, harassing,
hateful, racially or ethnically offensive, or encourages conduct that would be
considered as a criminal offense, give rise to civil liability, violate any law, or is
otherwise inappropriate;
(e) stream any content containing unsolicited or unauthorized advertising, promotional
materials, spam, junk mail, chain letters, pyramid schemes or any other form of
unauthorized solicitation;
(f) Stream any content containing copyrighted materials, or materials protected by other
intellectual property laws, such that such streaming would amount to an unlawful
infringement of such copyright or intellectual property right;
(g) collect or store personal data about anyone;
(h) obtain or attempt to access or otherwise obtain any content or information through any
means, which have specifically been made unavailable or protected under the Loco
Streaming Services;
(i) exploit any errors in the design, undocumented features and/or bugs to gain
unauthorized access;
(j) use any robot, spider or other automatic device, process or means to access the Loco
Streaming Services for any purpose, including but not limited to monitoring or copying
any of the content/ material on the Loco Streaming Services without Stoughtonprior
written consent;
(k) use any manual process to monitor or copy any of the material/ content on the Loco
Streaming Services for any other unauthorized purpose without Stoughton’s prior
written consent;
(l) introduce or upload any viruses, Trojan horses, worms, logic bombs, time bombs,
cancelbots, corrupted files or any other similar software, program or material which is
malicious or technologically harmful or that may damage the operation of the Loco
Streaming Services or another’s property; or
(m) remove any copyright or other proprietary notices from Loco Streaming Services or
any of the materials contained therein.
1.5. This Agreement does not constitute any form of agency, partnership, joint venture, employee-
employer, principal-representative, or franchiser-franchisee relationship between You and
Stoughton and Stoughton shall not be liable for any loss or damages: (1) suffered or caused by
You during Your use of the Loco Service; or (2) incurred as the result of any disputes between
You and any other third parties.
2. Stoughton’s Rights and Obligations
2.1. Stoughton provides live streaming technology service, customer service support to You, and
will help You to maintain and develop Your fans base.
2.2. In order to standardize the operation of the platform and to protect the overall interests of the
users and user experience of Loco, Stoughton has the right to formulate and adjust platform
rules in accordance with the requirements of the applicable laws and regulations and actual
Loco_Streaming Services Agreement (Nov 2022)
operational needs. Stoughton shall notify You of the new platform rules through
announcements on the platform, or any other notification method as specified in clause 6
hereof. If You do not agree to the new platform rules, You shall cease accessing or using the
Loco Streaming Services.
2.3. If Stoughton intends to cooperate with You on live streaming or other streaming related events
beyond the scope of the Agreement, the Parties shall negotiate and execute a separate written
cooperation agreement.
2.4. Stoughton has the rights to supervise Your live streaming and ask You to adjust the forms or
contents of the live streaming, subject to the requirements of applicable regulatory authorities.
2.5. Unless otherwise provided, You shall be deemed to be the author of the information (such as
text, picture, audio and video, performance and etc.) originated by You when using the Loco
Streaming Services or carrying out live streaming. However, You have exclusively licensed
Stoughton of all the intellectual property rights of the information aforementioned through
publication, exhibition, display, distribution or uploading of such information on the platform
of Stoughton. Such licensing is irrevocable, permanent, worldwide, transferable (multi-level),
and can be sublicensed (multi-level). Stoughton shall not be required to pay any additional fees
to You for such licensing. In the event of the occurrence of any action that infringes Stoughton
legitimate interest, including but not limited to copyrights and copyright-related rights, of the
information abovementioned, such as publication, spread, transmit or copying without
authorization from Stoughton, Stoughton shall be entitled to protect its rights and interests
independently, including but not limited to the rights to apply for evidence preservation,
property preservation, to file administrative complaint, civil litigation, and apply for
enforcement, reconciliation and compensation, as it deems appropriate.
2.6. Stoughton has the right to require You to advertise or promote products or events designated
by Stoughton in reasonable ways, either directly or indirectly, during Your live streaming.
2.7. Stoughton has the right to review the contents of Your live streaming in accordance with the
applicable laws and regulations, the Agreement, and relevant platform rules. If there is any
improper or illegal content during Your live streaming, Stoughton has the right to suspend
Your live streaming, either temporarily or permanently, delete the content at issue, and freeze
or de-register the account. Stoughton further reserves the right to cooperate with the
government departments for investigation and the right to seek legal or equitable relief for any
loss or damages incurred.
2.8. To the extent permitted by law, Stoughton shall not be liable for any interruption or obstruction
of the Loco Streaming Services caused by:
(a) unexpected dysfunction of the computer program, system, hardware, and
communication lines that support Loco;
(b) Your improper operation or malfunction of Loco;
(c) Your use of the Loco Streaming Services through methods unauthorized by Stoughton;
(d) other situations that Stoughton cannot reasonably control or foresee.
2.9. Advertising and Promotion: Stoughton shall for perpetuity have the unconditional right and
authority, among other things, to:
(i) the content (including live and pre-recorded audio-visual works, to use services, such as
chat, bulletin boards, forum postings, voice interactive services); and
(ii) to participate or utilize any content (including minting of non-fungible tokens) that You
may create, post, transmit, perform, or store, including messages, text, sound, images,
applications, code or other data or materials and content, for the purpose of marketing
Loco_Streaming Services Agreement (Nov 2022)
and advertising the Stoughton and/or Loco or any other purpose as required by
Stoughton without any monetary obligations or any liabilities being incurred by
2.10. Stoughton shall not be liable in any manner whatsoever if You have/develop addiction to the
games which are streamed, and it disclaims any liability in relation to such addiction.
3. Your Rights and Obligations
3.1. You must be at least 18 years old or have attained the age of majority, in the jurisdiction You
are accessing or using the Loco Streaming Services from, and should be fully able and
competent to enter and execute the Agreement Yourself.
3.2. You shall prepare all equipment or facilities employed or needed to carry out live streaming on
Loco by Yourself and ensure that the audiovisual quality is reasonably qualified for the users
to view.
3.3. Without the written consent of Stoughton, You shall not show, display, mention or promote
any information related to the Competing Platforms in any form during Your live streaming,
and shall not introduce, advertise or market any non-Loco products or introduce, invite, induce
or instigate any users or streamers of Loco to accept the services of the Competing Platforms.
No network link, other than that of Loco, will be allowed to set on Your profile page or
description box of Your streaming channel.
For the purpose of this clause 3.3, the term “Competing Platformsmeans:
(i) any live or on demand streaming service operating or available to Users in India which
directly or indirectly competes with Platforms, whether now or in the future, including,
but not limited, to any Person running or owning (whether directly or through their
Affiliates or associates) the following:
Twitch, Facebook, Facebook Gaming, Rooter App, Mx Player, Instagram, Garena LIVE, Booyah,
Vidio Nonton TV & Video, BIGO LIVE, Cube TV, Nonolive, KEWL, Rheo, Here Live - Tambah
& chat di live streaming GRATIS, 17, GO Live, Young_Live, Uplive, Trovo Live, Friday Night
Live, Tamago, VOOV, musical.ly, Kitty Live, StreamCraft, Afreecatv, TikTok, Mobile Premier
League, Winzo, FanClash, Nimo TV, Turnip, Glance, Netflix, Jio, Hotstar, Airtel, Sharechat,
Dailyhunt, Voot, SonyLiv, Zee5, GetStan, Hefty Entertainment, GGTV, Glip, YouTube etc; or
(ii) any platform similar to the Platforms, run by any Person; or
(iii) any entity carrying out an activity/ business which is similar to the business carried out
by Stoughton;
3.4. You hereby license and authorize Stoughton to use Your portrait, name (including real name,
nickname on Loco, in-game name), recording, video, image, likeness and other related
audiovisual works generated on Loco or any other streamer symbols in connection with Your
live streaming or content creation on Loco. Such license and such authorization shall survive
the expiry or the termination of the Agreement, for whatever reason.
3.5. You represent and warrant that:
(a) You have obtained all necessary licenses or authorization for content displayed,
exhibited, shown, or used during live streaming and has the right or authorization to
use such content for live streaming on Loco; and
Loco_Streaming Services Agreement (Nov 2022)
(b) Your execution and performance of the Agreement are in full compliance with all
applicable laws and regulations and do not infringe the rights and interests of any third
(c) You shall strictly abide by Stoughton’ operating systems and platform rules, and shall
not use Stoughton or the Loco Streaming Services engaging in any activity in violations
of laws and regulations.
(d) You shall ensure that You establish and maintain a positive image for himself
(including but not limited to his make-up, apparel, remarks or behavior) during Your
live streaming or any other content creation, and shall not engage in any acts violating
public order, laws and regulations, or damaging his public image, such as drug use,
alcohol use, theft, pornography, criminal offences or gambling, or is obscene,
defamatory, libelous, harassing, hateful, racially or ethnically offensive, offensive to
religious sentiments, biased/ sexist or encourages conduct that would be considered
as a criminal offense, and shall not act in any way that has a negative impact on the
products or brand image of the Stoughton and Loco.
(e) You shall ensure to not subcontract any of Your obligations under the Agreement;
(f) You shall not be under the influence of alcohol while streaming, or otherwise indulging
in any substance abuse or use illegal drugs, or engage in any act of harassment or moral
turpitude; and
(g) You shall not enter into any existing legal and/ or contractual obligations which are in
conflict with the Agreement and may in any manner pose a threat to their obligations
under the Agreement or in any manner prevent You from fulfilling their obligations
under the Agreement.
3.6. You acknowledge and agree that the title to and ownership of the Stoughtons intellectual
property in the platform Loco, any and all information, data, analysis, metrics and reporting
resulting from use of Loco by You or any intellectual property owned by Stoughton or its
affiliates (“Stoughton IP) is and shall always remain the exclusive property of Stoughton.
Except as expressly set forth herein, nothing in the Agreement grants, assigns and/or transfers
to the You any right, title or interest in or to the Stoughton IP.
3.7. You acknowledge and agree that the video game developers exclusively own the intellectual
property in the games relevant to the Agreement and that any broadcasting of the games by
You is made pursuant to a revocable license from the game developer(s).
3.8. You have the right to share the revenue of virtual items (gifts are virtual items donated by users)
on Loco (“Shared Revenue”) according to the platform conversion rules as long as You fulfill
Your obligations hereunder to the satisfaction of Stoughton. The taxes accrued on Your Shared
Revenue shall be borne by You and shall be withheld from the Shared Revenue and remitted
to the relevant government authorities by Stoughton or the third party entrusted or designated
by Stoughton in accordance with applicable laws and regulations. The proportion of the virtual
items (gifts) to be distributed to You and the commission withdrawal procedure will be
announced by Stoughton through announcements on the platform or any other notification
method as specified in clause 6 hereof. You shall be bound by and shall comply with the afore-
mentioned announcements, rules and policies of Stoughton.
3.9. You shall provide correct, true, and valid account information for payment of the Shared
Revenue. If any payment made by Stoughton is wrong or rejected due to the inaccurate account
information, Stoughton shall not be liable for the same and You shall assume the liability
Loco_Streaming Services Agreement (Nov 2022)
3.10. You shall authorize and empower Stoughton to withhold the Shared Revenue against the
amount of compensation that You shall pay Stoughton, such as liquidated damages, fines or
penalties levied by the government authorities, or compensation payable to the users of Loco
or any other third parties.
3.11. Stoughton shall be entitled to suspend or delete Your account and withhold any Shared
Revenue if You are determined by Stoughton to have committed or be involved in any
fraudulent activities in connection with Your use of the Loco Streaming Services or are in breach
of this Agreement.
3.12. Stoughton strictly complies with the Sexual Harassment of Women at Workplace (Prevention,
Prohibition and Redressal) Act, 2013 (as amended) (“POSH”) and aims at providing a safe
working environment for its women employees. You shall comply with the POSH and the
Stoughton's POSH policies and shall always abide by it. A copy of the Stoughton’s POSH
policies can be made available on request. If any complaint (whether written or oral) pertaining
to any harassment or discrimination as identified pursuant to POSH is made against You, You
shall render all necessary cooperation, including providing responses and appearing before the
internal complaints committee (as applicable and if so requested) and undertake all such other
acts as may be requested by Stoughton. Any violation of POSH may be considered a material
breach of the Agreement and consequences shall be appropriately decided by Stoughton.
4. Confidentiality
4.1. For the purpose of the Agreement, Stoughton’ trade secrets include, but not limited to:
(a) technical, financial, commercial or any other information that belongs to Stoughton and
is considered by Stoughton as a trade secret;
(b) all relevant documents, such as the Agreement, the Appendixes and supplementary
agreements of the Agreement, if any; and
(c) any other not publicly known information that should be reasonably identified as trade
secrets, such as Stoughton management strategies, revenue information, client lists,
streamer lists and their contact information, Stoughtonpersonnel information and their
contact information and the communication between the Parties in relation to the
exclusive cooperation.
4.2. You shall not, without the prior written consent of Stoughton:
(a) disseminate, or disclose, either expressly or implicitly, to any third party in any way; or
(b) use for purpose not specified in the Agreement, the trade secrets of Stoughton.
4.3. This clause 4 shall survive the termination or rescission of the Agreement or the rescission of
Your use of the Loco Streaming Services.
4.4. If You use or disclose Stoughtontrade secrets in violation of clause 4 that harms Stoughton’
reputation or economic benefits, either directly or indirectly, Stoughton is entitled to all
available loss and damages thereby.
5. Termination
5.1. Notwithstanding any provision to the contrary in this Agreement, Stoughton shall have the
right to, at its sole discretion, immediately terminate the Agreement, without any prior notice,
on the occurrence of any of the following circumstances:
(a) any misrepresentation or breach of warranty hereunder on Your part;
(b) You have caused any direct or indirect damages to Stoughton;
Loco_Streaming Services Agreement (Nov 2022)
(c) You have violated applicable laws and regulations during the use of the Loco
Streaming Services or live streaming;
(d) You have failed to satisfy Stoughton’ requirements such as carrying out live streaming
in a substantially careless manner (even if such failure does not constitute a breach of
the Agreement), and failed to cure such unsatisfaction within 3 days of being notified
by Stoughton/Loco;
(e) an extraordinary circumstance renders You unsuitable for the Loco Streaming Services,
and such extraordinary circumstance has not been eliminated within 3 days of being
notified by Stoughton/Loco;
(f) any major adjustment or alteration of Stoughton’ business structure; or
(g) any change in the laws, administrative regulations, administrative rules or policies
related to the Agreement or You are subject to, resulting in the inability or risk of
inability of the continuing performance of the Agreement by either Party.
5.2. Stoughton may retain or delete the data recorded in Your Loco account or data You store in the
respective Loco servers during the use of the Loco Streaming Services, at its sole discretion, on
the termination of this Agreement.
5.3. You shall be solely responsible for the backup of data and other personal information on Your
Loco account. Stoughton shall not be responsible for any loss of Your information or data on
the termination of the Agreement.
5.4. Any termination under the Agreement will be without prejudice to Stoughtonrights, remedies,
claims, or defenses hereunder.
6. Indemnification
6.1. To the fullest extent permitted by applicable law, You agree to defend, indemnify and hold
harmless the Loco Streaming Services, their site operator, their parent corporation, their
respective affiliates, licensors, service providers, officers, directors, employees, agents,
successors and assignees from and against any and all claims, damages, judgments, awards,
obligations, losses, liabilities, costs or debt, and expenses (including but not limited to
attorney’s fees) arising from or related to: (i) Your use or access to the Loco Streaming Services;
or (ii) any act or omission by You, including but not limited to any breach of the Agreement
(including Your misrepresentations and breach of warranties in clause 3 or allegation or claim
of negligence, Your willful misconduct or fraud); or (iii) any claim that the live streaming
content misappropriates or infringes any third party’s copyrights, patents, trade secrets,
trademarks or other proprietary rights. Your duty to defend is independent of Your duty to
indemnify. Your obligations under this Clause are independent of all of Your other obligations
under the Agreement. This defense and indemnification obligation will survive the Agreement
and Your use of the Loco Streaming Services. You agree that Stoughton shall have the sole right
and obligation to control the legal defense against any such claims, demands, or litigation,
including the right to select counsel of our choice and to compromise or settle any such claims,
demands, or litigation.
6.2. Stoughton has the right to seek legal or equitable remedy from You for any loss or damages
incurred under this clause 6. To ensure that You sufficiently indemnify Stoughton, Stoughton
reserves the right to take one or more of the following measures, as it deems appropriate:
(a) temporarily suspend or freeze Your Loco account until You cure the breach;
(b) permanently suspend or freeze Your Loco account;
(c) permanently delete Your Loco account;
(d) ban You from registering a new Loco account;
Loco_Streaming Services Agreement (Nov 2022)
(e) temporarily suspend the settlement and payment of Your Shared Revenue until You
cure the breach;
(f) withhold any amount payable to You hereunder for payment of compensation, penalty
and damages to Stoughton;
(g) request You to compensate for all loss within 5 calendar days after receiving the written
notice from Stoughton; and
(h) unilaterally terminate the Agreement and all performance related to the Agreement,
withhold any unpaid Shared Revenue payable to You, and request the reimbursement
of all the proceeds that You have obtained from Loco.
6.3. If Your breach of the Agreement is made known to the public that results in negative impact
on Stoughtonbrand and image or that causes Stoughton to suffer from public relations crisis,
if any, Stoughton has the right to request You to issue a written statement officially clarifying
the facts and apologizing to the users and Stoughton. Stoughton has the right to seek legal or
equitable relief from You for any loss or damages incurred.
You understand and expressly agree that to the extent permitted under applicable laws, in no
event will Stoughton or any of its affiliates or group companies or any of their respective
officers, employees, directors, shareholders, agents, or licensors be liable to you or anyone else
under any theory of liability (whether in contract, tort, statutory, or otherwise) for any direct,
indirect, incidental, special, consequential or exemplary damages, including but not limited to,
damages for loss of revenues, profits, goodwill, use, data or other intangible losses (even if such
parties were advised of, knew of or should have known of the possibility of such damages),
resulting from this Agreement.
8. Delivery and Notification
8.1. Stoughton may send You a notice, communication, document, and material related to the Loco
Streaming Services or the Agreement (“Notice”), such as platform rules, amendment to the
Agreement, through announcement on the platform or any other reasonable methods. A Notice
shall be addressed to Your Loco account or Your contact information registered on Loco. A
Notice is deemed to be received upon the publication or the delivery of such Notice and has
binding effect on You. If You object to or disagree with a Notice, You shall send a written
notification to Stoughton through email (email address: support@loco.gg ) within 1 calendar
day upon the receipt of a Notice, otherwise, it shall be deemed that You have accepted and
agreed to such Notice.
8.2. If You provide incorrect contact information or fail to update contact information promptly,
which results in Your failure to receive a Notice, such Notice shall be deemed to be received
and have binding effect on You.
9. Choice of Law and Disputes Resolution
This Agreement shall be governed in accordance with the laws of India and any disputes arising
out of or in connection with the Agreement shall be subject to exclusive jurisdiction of courts
in New Delhi.
10. Miscellaneous
10.1. Waiver: Stoughton’ failure to exercise or enforce any right or provision of the Agreement shall
not be deemed to constitute a waiver of such right or provision herein. No waiver of Stoughton
to any right shall be deemed as a waiver to any other rights. Any waiver of any provision of
the Agreement will come into effect only if in writing and hereto signed by the relevant Party.
Loco_Streaming Services Agreement (Nov 2022)
10.2. Severability: If any one or more of the provisions of the Agreement or any part or parts thereof
shall be declared or adjudged to be illegal, invalid or unenforceable under any applicable law,
such illegality, invalidity or unenforceability shall not vitiate any other provisions hereof and
the Agreement shall be construed as if such illegal, invalid or unenforceable provisions were
not contained herein.
10.3. Assignment: The Agreement and any rights and licenses granted hereunder, may not be
transferred or assigned by You, but may be assigned by Stoughton without restriction. Any
assignment attempted to be made in violation of the Agreement shall be void.
10.4. Good Faith: The Parties hereto undertake with the other to act in the utmost good faith in
interpreting and implementing this Agreement and agrees to do all things reasonably within
its power which are necessary or desirable to give effect to the spirit and intent of this
10.5. Upon termination of the Agreement, any provision which, by its nature or express terms should
survive, will survive such termination or expiration.
10.6. The Agreement, the Terms of Use, Loco’s privacy policy, streamer guidelines and any
documents that expressly incorporate by reference constitute the sole and entire agreement
between You and Stoughton with respect to the Loco Streaming Services and supersede all
prior and contemporaneous understandings, agreements, representations and warranties, both
written and oral, with respect to the Loco Streaming Services.
10.7. The headings in the Agreement are for convenience only and have no legal or contractual effect.
10.8. If You have any queries, feedback, comments, requests for technical support relating to the Loco
Streaming Services, please send to support@loco.gg.