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`Case 3:21-cv-07006 Document 1 Filed 09/09/21 Page 1 of 19
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`Katherine M. Dugdale, Bar No. 168014
`KDugdale@perkinscoie.com
`PERKINS COIE LLP
`1888 Century Park E., Suite 1700
`Los Angeles, CA 90067-1721
`Telephone: 310.788.9900
`Facsimile: 310.788.3399
`
`Lauren Watts Staniar, pro hac vice forthcoming
`LStaniar@perkinscoie.com
`Jacob Dini, pro hac vice forthcoming
`JDini@perkinscoie.com
`PERKINS COIE LLP
`1201 Third Avenue, Suite 4900
`Seattle, WA 98101-3099
`Telephone: 206.359.8000
`Facsimile: 206.359.9000
`Attorneys for Plaintiff
`Twitch Interactive, Inc.
`
`
`UNITED STATES DISTRICT COURT
`NORTHERN DISTRICT OF CALIFORNIA
`SAN FRANCISCO DIVISION
`
`TWITCH INTERACTIVE, INC., a
`Delaware corporation,
`Plaintiff,
`
`v.
`CRUZZCONTROL, an individual;
`CREATINEOVERDOSE, an individual,
`Defendants.
`
`Case No. 3:21-cv-07006
`COMPLAINT FOR:
`
`(1) BREACH OF CONTRACT
`(2) FRAUD IN THE INDUCEMENT
`(3) UNFAIR COMPETITION (CAL. BUS. &
`PROF. CODE § 17200)
`
`DEMAND FOR JURY TRIAL
`
`
`
`I.
`
`INTRODUCTION
`
`1.
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`Twitch Interactive, Inc. (“Twitch”) is one of the world’s leading services for
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`content creators to stream content as part of a social, interactive community. Each month,
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`millions of people come together to create their own entertainment: live, never-to-be repeated
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`experiences created by the magical interactions of the many. In 2020, users watched over 1
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`trillion minutes of content, and Twitch.tv had 30 million average daily visitors. Twitch’s success
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`is due in part to the measures it has taken to create a safe and accessible community for its
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`millions of users.
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`2.
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`The safety of Twitch’s community is its top priority. For this reason, Twitch
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`forbids harassment and threats on the Twitch Services. Its Terms of Service prohibit users from
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`creating, uploading, transmitting, or streaming any content that is unlawful, defamatory, obscene,
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`pornographic, harassing, threatening, abusive, or otherwise objectionable. As expressed in its
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`Community Guidelines (“Guidelines”), Twitch does not tolerate hateful conduct and harassment.
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`Twitch specifically bans “discrimination, denigration, harassment, or violence based on the
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`following protected characteristics: race, ethnicity, color, caste, national origin, immigration
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`status, religion, sex, gender identity, sexual orientation, disability, serious medical condition, and
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`veteran status.” Twitch has “zero tolerance for hateful conduct . . . .”
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`3.
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`Beginning in or about August 2021, Defendants began flooding Twitch streamers
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`with hateful conduct. This type of targeted attack is known colloquially as a “hate raid.” These
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`hate raids often target streamers from marginalized groups. Defendants attack these streamers by
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`flooding their chats with bot-powered Twitch accounts that spew racist, sexist, and homophobic
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`language and content.
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`4.
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`Twitch took swift action against Defendants by suspending and eventually
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`permanently banning Defendants’ known Twitch accounts. Defendants were undeterred. They
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`evaded Twitch’s bans by creating new, alternate Twitch accounts, and continually altering their
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`self-described “hate raid code” to avoid detection and suspension by Twitch.
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`5.
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`Defendants’ actions seriously harmed and will continue to harm the Twitch
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`community. Streamers who were the victims of hate-raids experienced mental health issues, and
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`some have reported cutting back on streaming to avoid persistent harassment.1 Members of the
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`community have called on Twitch to prevent the raids.
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`6.
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`Twitch expended significant resources investigating and banning Defendants, as
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`well as implementing updated security measures intended to halt and prevent Defendants’
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`unlawful actions.
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`7.
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`Despite these efforts, Defendants’ actions are ongoing—they continue to promote
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`and engage in hate raids. If they are not stopped, Defendants will continue to harass and disrupt
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`the Twitch community with hate raids.
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`8.
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`Twitch brings this action to end Defendants’ unlawful, fraudulent and highly
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`offensive activities, enforce its contracts with Defendants, and hold Defendants accountable.
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`II.
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`JURISDICTION
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`9.
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`This Court has subject matter jurisdiction over this action pursuant to 28 U.S.C.
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`§ 1332(a), as there is complete diversity of citizenship between Twitch and Defendants and the
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`amount in controversy exceeds $75,000.
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`10.
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`Venue is proper in this district under 28 U.S.C. § 1391 because a substantial part
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`of the events or omissions giving rise to the claims occurred in this district. Defendants have
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`repeatedly, knowingly, and intentionally accessed Twitch servers located in this district to
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`undertake their unlawful activities. While accessing Twitch servers, Defendants engaged in
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`systematic and continuous contacts with this district and targeted their wrongful acts at Twitch,
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`which is headquartered in this district.
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`1 https://www.washingtonpost.com/video-games/2021/08/25/twitch-hate-raids-streamers-
`discord-cybersecurity/.
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`Case 3:21-cv-07006 Document 1 Filed 09/09/21 Page 4 of 19
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`III.
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`INTRADISTRICT ASSIGNMENT
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`11.
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`Assignment to the San Francisco Division or Oakland Division is proper under
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`Local Civil Rule 3-2(d) because Twitch is located in San Francisco County, and the events
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`described herein giving rise to this lawsuit took place primarily in San Francisco County.
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`IV.
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`THE PARTIES
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`12.
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`Twitch is a Delaware corporation with its principal place of business in San
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`Francisco. Twitch operates the “Twitch Services,” which are the website available at
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`http://www.twitch.tv, and its network of websites, software applications, and any other products
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`or services offered by Twitch.
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`13.
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`On information and belief, the Twitch user CruzzControl is an individual residing
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`in Baarto, Netherlands. CruzzControl is responsible in whole or in part for the wrongful conduct
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`alleged herein. CruzzControl operated and continues to operate accounts on the Twitch Services
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`under aliases, including but not limited to CruzzControl, Zenobias_goat, bamiblok, lexfannr1 and
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`nirger. CruzzControl’s acts described in this Complaint were intentionally directed toward
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`Twitch within this judicial district, subjecting CruzzControl to personal jurisdiction. Twitch will
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`amend this Complaint if and when it uncovers CruzzControl’s legal name.
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`14.
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`On information and belief, the Twitch user CreatineOverdose is an individual
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`residing in Vienna, Austria. CreatineOverdose is responsible in whole or in part for the wrongful
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`conduct alleged herein. CreatineOverdose operated and continues to operate accounts on the
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`Twitch Services under various aliases, including but not limited to CreatineOverdose,
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`CreatineBanEvades, CreatineReturns, and CreatineReported. CreatineOverdose’s acts described
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`in this Complaint were intentionally directed toward Twitch within this judicial district,
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`subjecting him to personal jurisdiction. Twitch will amend this Complaint if and when it
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`uncovers CreatineOverdose’s legal name.
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`Case 3:21-cv-07006 Document 1 Filed 09/09/21 Page 5 of 19
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`15.
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`Upon information and belief, each of the defendants was, at all times mentioned in
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`this Complaint, acting as the agent, employee, or alter ego of every other defendant, and in doing
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`the things mentioned herein, was acting within the course and scope of such agency, employment,
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`or other relationship and with full knowledge and consent of each of the other defendants.
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`A.
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`Twitch
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`V.
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`FACTS
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`16.
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`Twitch is a real-time streaming video service where community members gather to
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`watch, play, and chat about shared interests—predominantly video games, sports, and creative
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`arts. Twitch was founded in 2011 and has been an Amazon subsidiary since 2014.
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`17.
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`On Twitch, streamers (those Twitch users who share live content on the service)
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`pursue their interests to engage and entertain their viewers. More than 7,000,000 unique
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`streamers per month stream via Twitch’s service.
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`18.
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`Streamers work extensively to create and foster authentic, passionate, and loyal
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`communities on Twitch. They do this in part by building an identity on Twitch outside of their
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`work as a content creator.
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`19.
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`Twitch values the diversity of its community. Twitch hosts millions of diverse
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`individuals and has created programs to support creators of color and other individuals from
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`marginalized groups. For example, in May 2021 Twitch celebrated Asian & Pacific Islander
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`Month to celebrate Asian & Pacific Islander creators from around the globe, spotlighting over 40
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`featured Asian & Pacific Islander creators and communities on Twitch and beyond.
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`20.
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`Twitch viewers and streamers use a chat function to communicate on Twitch.
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`Twitch chat is one of the Twitch Service’s most popular features, and it is often integral in
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`building a community around a Twitch channel or streamer.
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`21.
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`A streamer’s “Stream Chat” panel is open any time that person is streaming on
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`Twitch. Community members post comments in the panel to encourage the streamer, provide
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`support, and send Twitch-specific emojis. Streamers can respond to messages in the chat.
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`22.
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`Streamers can set rules for their chats, and streamers frequently admonish
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`participants not to use racist or offensive language.
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`23.
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`Users who only watch streams may, but are not required to, create an account on
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`Twitch. Streamers, however, must create an account. And users who participate in Twitch’s chat
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`function are also required to create an account.
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`24.
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`Twitch provides streamers and developers with a variety of tools to bring
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`streamers, viewers, and developers together on the Twitch service in new, engaging ways. One
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`such tool is the “Chatbot,” in which developers can create programs that allow streamers to
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`interact programmatically with their Twitch chat feed using preset standards. For example, when
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`a viewer types !dice into a streamers’ chat, a simple chatbot created by a developer and used by
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`the streamer may automatically respond by generating a number between 1-6. Streamers can use
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`chatbots for a variety of basic moderation tasks, including for example, automatically deleting
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`messages in chats that contain links, solicit song requests from viewers, and organize in-chat
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`games.
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`25.
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`But bots can also be used for nefarious, unauthorized purposes, despite Twitch’s
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`restrictions on such uses. For example, a developer may create bot software designed to
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`automatically spam a streamer’s channel with thousands of messages in a short period of time,
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`drowning out authentic conversation on the streamer’s channel, or worse, promoting hateful or
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`offensive content.
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`26.
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`Twitch forbids developers from “design[ing] bots that engage in offensive or
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`deceptive practices (e.g., generate hate speech [or] send spam . . . .).” And Twitch takes this
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`prohibition seriously, employing sophisticated methods to identify and stop unauthorized bot
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`activity.
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`B.
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`Twitch’s Terms of Service and Community Guidelines
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`27.
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`In order to create an account or otherwise use or access the Twitch Services or
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`utilize the Twitch chat, a prospective user must agree to be bound by, among other things,
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`Twitch’s Terms of Service, Community Guidelines, and Twitch Developer Services Agreement
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`(collectively, the “Terms”). Specifically, the Terms state: “The Terms of Service apply whether
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`you are a user that registers an account with the Twitch Services or an unregistered user. You
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`agree that by clicking ‘Sign Up’ or otherwise registering, downloading, accessing or using the
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`Twitch Services, you are entering into a legally binding agreement between you and Twitch
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`regarding your use of the Twitch Services. You acknowledge that you have read, understood, and
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`agree to be bound by these Terms of Service.”
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`28.
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`Twitch issues its users a limited, non-sublicensable license to access or use the
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`Twitch Services for personal or internal business use only, provided that the user agrees to the
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`Terms. “Any use of the Twitch Services or the Materials except as specifically authorized in
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`these Terms of Service, without the prior written permission of Twitch, is strictly prohibited and
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`may violate intellectual property rights or other laws.”
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`29.
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`The Terms explain that previously banned users may not access the Twitch
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`Services: “The Twitch Services are also not available to any users previously removed from the
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`Twitch Services by Twitch or to any persons barred from receiving them under the laws of the
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`United States (such as its export and re-export restrictions and regulations) or applicable laws in
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`any other jurisdiction.”
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`30.
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`The Terms expressly prohibit anyone who accesses or uses the Twitch Services
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`from harassing others on Twitch or posting racist, homophobic, violent, or otherwise harmful
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`content. Specifically, the Terms prohibit users from:
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`a. creating, uploading, transmitting, or distributing “any content that is inaccurate,
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`unlawful, infringing, defamatory, obscene, pornographic, invasive of privacy or
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`publicity rights, harassing, threatening, abusive, inflammatory, or otherwise
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`objectionable”;
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`b. “defam[ing], harass[ing], abus[ing], threaten[ing], or defraud[ing] users of the
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`Twitch Services”;
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`c. interfering with or damaging “operation of the Twitch Services or any user’s
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`enjoyment of them, by any means, including uploading or otherwise disseminating
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`viruses, adware, spyware, worms, or other malicious code”;
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`d. manipulating “identifiers in order to disguise the origin of any User Content
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`transmitted through the Twitch Services”;
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`e. “attempt[ing] to circumvent any content filtering techniques [Twitch] employ[s],
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`or attempt to access any service or area of the Twitch Services that you are not
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`authorized to access”;
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`f. using “the Twitch Services for any illegal purpose, or in violation of any local,
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`state, national, or international law or regulation, including, without limitation,
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`laws governing intellectual property and other proprietary rights, data protection
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`and privacy”; or
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`g. “design[ing] bots that engage in offensive or deceptive practices (e.g., generate
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`hate speech, send spam, offer false follows, etc.).”
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`31.
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`The Guidelines, as part of the Terms, govern activity on Twitch with the goal of
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`“provid[ing] the best shared social video experience created by our growing community where
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`creators and communities can interact safely.”
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`32.
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`“To achieve this goal, [Twitch] asks that all users participate in such a way that
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`promotes a friendly, positive experience for” the Twitch global community.”
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`33.
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`The Guidelines state that Twitch does not tolerate racist, homophobic, xenophobic,
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`or otherwise harassing content such as that at issue here.
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`34.
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`The Guidelines provide that “[h]ateful conduct and harassment are not allowed on
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`Twitch. Hateful content is any content or activity that promotes or encourages discrimination,
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`denigration, harassment, or violence based on the following protected characteristics: race,
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`ethnicity, color, caste, national origin, immigration status, religion, sex, gender, gender identity,
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`sexual orientation, disability, serious medical condition, and veteran status.”
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`35.
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`Under the Guidelines, “Twitch has zero tolerance for hateful conduct, meaning”
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`Twitch acts “on every valid reported instance of hateful conduct.” Twitch “affords every user
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`equal protections under this policy, regardless of their particular characteristics.”
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`36.
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`The Guidelines state that “hostile raids” are a form of harassment, and expressly
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`bans those raids on Twitch: “Harassment has many manifestations, including stalking, personal
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`attacks, promotion of physical harm, hostile raids, and malicious false report brigading.”
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`37.
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`Twitch explains in the Guidelines that it “will take action on all instances of
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`hateful conduct and harassment, with an increasing severity of enforcement when the behavior is
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`targeted, personal, graphic, or repeated/prolonged, incites further abuse, or involves threats of
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`violence or coercion. The most egregious violations may result in an indefinite suspension on the
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`first offense.”
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`38.
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`The Guidelines make clear that Twitch will punish offensive conduct: “To protect
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`the integrity of our community, as the provider of the service, we at Twitch reserve the right to
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`suspend any account at any time for any conduct that we determine to be inappropriate or
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`harmful. Such actions may include: removal of content, a strike on the account, and/or
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`suspension of account(s).”
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`39.
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`Twitch’s efforts do not end with the posting of its Terms. Twitch employs a Trust
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`and Safety team that operates around the clock and around the globe to investigate and act in
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`connection with violations of the Terms.
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`40.
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`Twitch also invests in technologies and processes that address potential risks to
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`user safety, with the aim to create the best possible experience for streamers and their audiences.
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`For example, Twitch has implemented a banned word list. And streamers can automatically filter
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`out unwanted messages in their chat using AutoMod, a Twitch proprietary tool. Twitch also
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`offers tools that streamers can deploy to block or ban users from their audience and report them to
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`Twitch’s safety operations team.
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`41.
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`Twitch continuously works to improve its ability to detect and act upon violations
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`of the Terms and is continuing to invest in technologies to support this effort.
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`C.
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`Defendants’ Unlawful Activity
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`42.
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`Beginning in or about August 2021, Defendants began coordinating attacks on
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`Twitch’s streamers by raiding their channels and spamming those communities with hate
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`(referred to hereafter as “hate raids”). These hate raids were, in some cases, directed to streamers
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`who identified themselves as racial minorities and/or members of the LGBTQ+ community.
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`43.
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`Defendants conduct the hate-raids by flooding a streamer’s chat with hate-filled
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`and obscene text, including racial slurs, personally identifying information, and malicious links
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`(such as links to gore videos intended to shock/offend) over a short period of time. Defendants
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`are able to do this through the use of fraudulently created “bot” accounts, which are created for
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`the sole purposes of launching large scale, automated attacks against Twitch’s services and
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`community. Defendants’ bots permit them to spew hateful content at a robotic pace, often
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`sending dozens of messages per minute that often outpace the targeted streamer’s ability to
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`moderate chat. Defendants claim that they can generate thousands of bots in minutes for this
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`purpose.
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`44.
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`Defendants have deployed hate raids on Twitch in violation of the Terms. For
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`example, from August 8-10, 2021, Defendant CruzzControl used bots to spam a Twitch channel
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`with racial slurs and descriptions of violent acts against racial minorities and members of the
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`LGBTQIA+ community. These Twitch usernames for these bots incorporated the term
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`“cruzzcontrol” and “zenobia”.
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`45.
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`On information and belief, Defendant CruzzControl is responsible for nearly 3,000
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`bot accounts associated with hate raids. Bots developed and deployed by CruzzControl have been
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`linked to various hate raid events, including those targeting black and LGBTQIA+ streamers with
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`racist, homophobic, sexist and other harassing content.
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`46.
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`CruzzControl has admitted to using bots to flood Twitch channels with harassing
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`content. They have also demonstrated how the bots work so others can use similar methods to
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`accomplish hate raids.
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`47.
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`Twitch has also linked CreatineOverdose directly to hate raids. For example, on
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`August 15, 2021, Defendant CreatineOverdose used their bot software to demonstrate how it
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`could be used to spam Twitch channels with racial slurs, graphic descriptions of violence against
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`minorities, and claims that the hate raiders are the “K K K.” Bots used in this demonstration
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`contain unique usernames that Twitch later detected as being used to spam similar violent hate
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`speech in numerous other Twitch channels.
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`COMPLAINT
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`Case 3:21-cv-07006 Document 1 Filed 09/09/21 Page 12 of 19
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`48.
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`In addition to being highly offensive, the hate raids are also disruptive to the
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`streamers’ streams and authentic engagement from the streamers’ intended viewers. For
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`example, victims of the hate raids may be forced to limit those who can use the chat feature on
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`their streams to only the streamers’ followers/paying subscribers, instead of the entire Twitch
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`community, reducing the opportunity for genuine engagement between streamers and viewers
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`that is essential to the Twitch Services.
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`49.
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`These attacks obstruct the chat so significantly, victimized streamers are unable to
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`engage with their community through chat for the duration of the attack, and some even choose to
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`avoid streaming altogether until the attack ends. The attacks have pushed some victims to stop
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`streaming on Twitch until the hate raids end, eliminating an important source of revenue for them.
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`50.
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`Twitch took swift action against the accounts and users that conducted the hate
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`raids, immediately and permanently suspending them consistent with the Terms. As part of this
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`action, Twitch banned Defendants’ known accounts.
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`51.
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`However, despite Twitch’s best efforts, the hate raids continue. On information
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`and belief, Defendants created software code to conduct hate raids via automated means. And
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`they continue to develop their software code to avoid Twitch’s efforts at preventing Defendants’
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`bots from accessing the Twitch Services.
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`52.
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`On information and belief, Defendants work in concert with others in what one
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`Defendant, CreatineOverdose, has described as the “hate raiding community” to perform these
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`hate raids.
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`53.
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`On information and belief, Defendants coordinate their activities with the “hate
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`raiding community” through other gaming-related social media platforms, including but not
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`limited to Discord and Steam.
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`54.
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`153823186.1
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`Defendants’ actions have harmed and continue to harm Twitch and its community.
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`COMPLAINT
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`Case 3:21-cv-07006 Document 1 Filed 09/09/21 Page 13 of 19
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`55.
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`Streamers who Defendants targeted with hate raids were traumatized. Many
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`streamers Tweeted their reactions to Defendants’ actions. The following are a few examples.
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`56.
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`To further curb Defendants’ hate-raids, Twitch updated its software to employ
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`additional measures that better detect malicious bot software in chat messages.
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`57.
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`Twitch expended significant resources combatting Defendants’ attacks. Twitch
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`spent time and money investigating Defendants, including through use of its fraud detection team.
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`Twitch also engineered technological and other fixes in an attempt to stop Defendants’ harassing
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`and hateful conduct. These updates include but are not limited to implementing stricter identity
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`controls with accounts, machine learning algorithms to detect bot accounts that are used to engage
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`in harmful chat and augmenting the banned word list. Twitch mobilized its communications staff
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`to address the community harm flowing from the hate raids and assured its community that it was
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`taking proactive measures to stop them. Twitch also worked with impacted streamers to educate
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`them on moderation toolkits for their chats and solicited and responded to streamers’ and users’
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`comments and concerns.
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`153823186.1
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`COMPLAINT
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`Case 3:21-cv-07006 Document 1 Filed 09/09/21 Page 14 of 19
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`FIRST CLAIM FOR RELIEF
`Breach of Contract
`(California Common Law)
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`58.
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`Twitch realleges and incorporates by reference the allegations in the preceding
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`paragraphs as if fully set forth herein.
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`59.
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`60.
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`Access to and use of the Twitch Services is governed by and subject to the Terms.
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`At all relevant times, Twitch prominently displayed and/or provided links to the
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`Terms. Twitch users are presented with and must affirmatively accept the Terms to register for a
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`Twitch account. Twitch users are presented with and must affirmatively accept the Terms to use
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`the Twitch chat function.
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`61.
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`The Terms provide that they apply “whether you are a user that registers an
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`account with the Twitch Services or an unregistered user. You agree that by clicking ‘Sign Up’
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`or otherwise registering, downloading, accessing, or using the Twitch Services, you are entering
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`into a legally binding agreement between you and Twitch regarding your use of the Twitch
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`Services.”
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`62.
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`The Guidelines are incorporated into the Terms by reference. A violation of the
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`Guidelines is a violation of the Terms.
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`63.
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`The Terms are binding on Defendants. Each of the Defendants agreed to abide by
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`the Terms by creating a Twitch account, by using Twitch chat and/or any other Twitch Services,
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`and/or by accessing the Twitch Services.
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`64.
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`On information and belief, Defendants also agreed to be bound by the Twitch
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`Developer Services Agreement (“Developer Terms”) when they accessed and used the Twitch
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`Developer Site and/or Twitch Services to create bots.
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`65.
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`On information and belief, Defendants regularly accessed the Twitch Services with
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`knowledge of the Terms and the prohibitions contained therein.
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`153823186.1
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`COMPLAINT
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`66.
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`The Terms are valid, enforceable contracts between Twitch and each of the
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`Defendants.
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`67.
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`Defendants have willfully, continuously, and materially breached the Terms in at
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`least the following ways:
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`a. posting racist, homophobic, and highly offensive content in Twitch chats in
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`violation of Section 9(i) of the Terms;
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`b. harassing and defaming users of the Twitch Services in violation of Section 9(v) of
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`the Terms;
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`c. accessing the Twitch Services with fake accounts after they were banned in
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`violation of Sections 2 and 9(xv) of the Terms;
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`d. manipulating their identifying information (including names and IP addresses) to
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`“disguise the origin of any User Content transmitted through the Twitch Services”
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`in violation of Section 9(xii);
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`e. impairing, interfering with, disrupting, negatively affecting, and/or inhibiting other
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`users’ enjoyment of the Twitch Services by posting obscene, violent, and harassing
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`content in violation of Section 9(ix) of the Terms; and/or
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`f. and accessing the Twitch Services with prohibited bots in violation of Section
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`9(xi) of the Terms.
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`68.
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`Defendants have willfully, continuously, and materially breached the Guidelines,
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`and therefore the Terms by, among other things, engaging in hateful conduct and harassment on
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`Twitch, which the Guidelines expressly prohibit.
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`69.
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`Defendants have willfully, continuously and materially breached the Guidelines,
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`and therefore the Terms by, among other things, engaging in “hostile raids” as a form of
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`harassment, which the Guidelines expressly prohibit.
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`153823186.1
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`COMPLAINT
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`Case 3:21-cv-07006 Document 1 Filed 09/09/21 Page 16 of 19
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`70.
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`On information and belief, Defendants have willfully, continuously and materially
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`breached the Developer Terms by “design[ing] bots that engage in offensive or deceptive
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`practices (e.g., generate hate speech, send spam, offer false follows, etc.).”
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`71.
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`Twitch has dutifully performed its obligations pursuant to the Terms and the
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`Developer Terms.
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`72.
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`As a direct and proximate result of Defendants’ material breaches of the Terms
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`and Developer Terms, Twitch has been and will continue to be harmed, thereby entitling it to
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`injunctive relief, compensatory damages, attorneys’ fees, costs, and/or other equitable relief
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`against Defendants. Twitch is entitled to special damages in the amount of lost profits and other
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`reasonably foreseeable harms proximately caused by Defendants’ breach.
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`SECOND CLAIM FOR RELIEF
`Fraud in the Inducement
`(California Common Law)
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`73.
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`Twitch realleges and incorporates by reference the allegations in the preceding
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`paragraphs as if fully set forth herein.
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`74.
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`Beginning in or about August 2021, Defendants began registering Twitch accounts
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`to conduct hate raids and otherwise harass Twitch streamers.
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`75.
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`In registering their Twitch accounts, Defendants agreed to be bound by the Terms.
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`In particular, they represented and agreed not to conduct “hostile raids”; post hateful and
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`harassing content on Twitch; harass or defame other Twitch users; or deploy bots in a manner not
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`permitted by the Terms. Twitch’s reliance was reasonable and was otherwise justified.
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`76.
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`Defendants had no intention of abiding by the Terms and made fraudulent
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`representations to the contrary to Twitch, knowing them to be false and with the intent of
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`defrauding Twitch.
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`153823186.1
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`COMPLAINT
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`Case 3:21-cv-07006 Document 1 Filed 09/09/21 Page 17 of 19
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`77.
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`Contrary to their express representations to Twitch, Defendants created Twitch
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`accounts for the purpose of posting harassing content on Twitch, performing hate raids, and
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`harassing other Twitch users.
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`78.
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`Based upon Defendants’ intentional misrepresentations, Twitch was induced to
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`allow them to register accounts using Twitch’s Services. Had Twitch known of Defendants’ true
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`intentions, Twitch would not have allowed them to register accounts and access the Twitch
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`Services. Once Twitch became aware of Defendants’ harassing and hateful actions, Twitch
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`immediately