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Terms of Service

OWN3D Pro – Terms of Service


Last updated: August 28th, 2020


This website ("OWN3D.pro") is operated by OWN3D. OWN3D Pro is a product/service of own3d media GmbH. Throughout these Terms, the terms “we”, “us”, and “our” refer to OWN3D.


Please read this Terms of Service carefully before using the OWN3D Pro OBS Studio Plugin. These Terms of Service govern your use of the service, unless we have executed a separate written agreement with you for that purpose. We are only willing to make the service available to you if you accept all of these Terms. By using OWN3D Pro or any part of it, you are confirming that you understand and agree to be bound by all of these Terms. If you are accepting these Terms on behalf of a company or other legal entity, you represent that you have the legal authority to accept these Terms on that entity’s behalf, in which case “you” will mean that entity. If you do not have such authority, or if you do not accept all of these Terms, then we are unwilling to make OWN3D Pro available to you. If you do not agree to these Terms, you may not access OWN3D Pro or use the services as provided.


INTRODUCTION TO OWN3D PRO


OWN3D Pro makes the world of live streaming more colorful and provides streamers with 200+ high-quality Overlays & Alerts in OBS Studio. OWN3D Pro offers a free service, as well as a premium paid service for streamers. Our service also features a variety of tools and widgets that can utilize various data from our services, and data from authorized third parties.


ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION


We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or timelier sources of information. Any reliance on the material on this site is at your own risk.


This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.


MODIFICATIONS TO THE SERVICE AND PRICES


Prices and/or fees for our Service are subject to change without notice.


We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.


We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Service.


RIGHTS TO OUR PRODUCTS & SERVICES


OWN3D Pro offers products & services that include text, computer programs, other literary works, photographs, pictorial works, motion pictures, audiovisual works and other works of expression. All these rights are protected by copyright law as an individual work and as a collective work or compilation. We do have all rights in those copyrights (subject to the rights of our licensors and licensees under applicable agreements and arrangements). We may make some of our products & services available to you free of charge for your own individual personal access through our services. You have to abide on all additional copyrights & notices of them or restrictions contained in our products & services.


Our products & services also include ideas, processes, methods and systems as well as formulas and data used to introduce you to our products & services. Many of them are our trade secrets, from which we derive significant economic value, or they are new and not obvious, so they are subject to our patents or patent products & services. By granting you the limited right to access the products & services for your personal use, we under no circumstances waive any of these rights.


You have no right to reproduce, distribute, create, publicly display or perform, exploit, sell or otherwise exploit works, inventions, data or material from the products & services, subject to our intellectual property rights, patent rights or trade secrets or other intellectual property rights not expressly set forth in these Terms.


Subject to the terms and conditions of these Terms, we hereby grant you a personal, revocable, non-exclusive, non-sublicensable, non-assignable, non-transferable license ('License') to: (i) download, install and use OWN3D Pro and/or Plug-In (as applicable) on a computer, mobile telephone or any other device you are using to access the Service (the 'Device'); and (ii) access and use the Services on that Device in accordance with these Terms .


The (i) content on the Services, including without limitation, the text, documents, articles, brochures, descriptions, products, software, graphics, photos, sounds, videos, interactive features, and services (collectively, the 'Materials'), (ii) and User Submissions, as defined below (together with the Materials, the 'Content'), and (iii) the trademarks, service marks and logos contained therein ('Marks'), are the property of OWN3D Pro and/or its licensors and may be protected by applicable copyright or other intellectual property laws and treaties. “OWN3D Pro”, the OWN3D Pro logo, and other marks are Marks of OWN3D Pro or its affiliates. All other trademarks, service marks, and logos used on the Services are the trademarks, service marks, or logos of their respective owners. We reserve all rights not expressly granted in and to the Services and the Content.


You agree not to, and shall not permit any third party to: (i) sublicense, redistribute, sell, lease, lend or rent the Services; (ii) make the Services available over a network where it could be used by multiple devices owned or operated by different people at the same time; (iii) disassemble, reverse engineer, decompile, decrypt, or attempt to derive the source code of, the Services; (iv) copy (except for back-up purposes), modify, improve, or create derivative works of the Services or any part thereof; (v) circumvent, disable or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any content or that enforce limitations on use of the Services; (vi) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on or via the Services; (vii) use any communications systems provided by the service to send unauthorized and/or unsolicited commercial communications; (viii) use the OWN3D Pro name, logo or trademarks without our prior written consent; and/or (ix) use the Services to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches this Agreement.


LIMITATIONS TO THE USE OF OUR PRODUCTS & SERVICES


Our products & services are designed for your own personal use, not for business or commercial purposes. You will not use the products & services or the content or information provided by our products & services to conduct business or activities or solicit activities for illegal, fraudulent, unauthorized or improper purposes. You will comply with all applicable laws related to your use of our products & services.


These Terms of Service, together with our Privacy Policy ("Privacy Policy"), which is set forth from time to time in our products & services, constitute the legal terms of the Agreement between us (collectively this "Agreement") that governs your use and provision of our products & services.


Our products & services may continue to change over time as we refine and add more features. We may suspend or change our products & services at any time without notice. To sum it up, certain rules must be complied with in order to maintain the integrity of the Services and to promote the user experience. You may only use our products & services if:



  • you agree to use our products & services for your own private purposes only and not for any commercial use, such as marketing or sale of goods or services;

  • you agree that you will only send, upload, communicate, transmit or otherwise make Content available that you own or otherwise are permitted to make available in the Services;

  • you agree that you will not use another person or entity's name or e-mail address when you use our Services;

  • if you create a user account, you agree that you will only create one account per platform, provide your full name, twitch credentials and a valid e-mail address through which we will be able to contact you as well as any other step required in order to sign up for an account; you agree to keep your login details to your user account secure, which includes but is not limited to not disclosing your login details to anyone else or allowing someone else to use your login details or account; and you accept full responsibility for the activities carried out by the use of your account;

  • you agree not to "harvest", "scrape" or collect any personal information (such as user name and e-mail address) regarding other users of our Services without their consent;

  • you agree not to decompile, disassemble or reverse engineer the Services or circumvent, deactivate or otherwise interfere with any technological measure or security-related feature of the Services; and

  • you agree not to remove or amend any copyright or other proprietary notices.


CONTENT CREATED BY OUR USERS


A portion of the content that is published in our products & services is generated by other users of our products & services. This user-created content may include user-submitted reviews, as well as user submitted text, graphics, photos, product ideas, videos, audio files, and images. User-generated content and your access to user-generated content are subject to the following restrictions and notifications:




  • You understand that, as with any content created by users, your own user-generated content may be accessed and viewed by others, including the public. Regardless of whether the content created by users is published or not, OWN3D Pro does not guarantee the confidentiality of such content. You alone are responsible for your own user-generated content and the consequences of publishing it in our products & services.




  • OWN3D Pro receives the following license, but does not claim ownership of your user-generated content. By submitting User Generated Content, you grant OWN3D Pro an unrestricted, non-exclusive, perpetual, royalty-free, transferable and irrevocable license and the right to use, edit, modify, modify, compress, copy, distribute, throughout the Universe reproduce, disclose, display, publish, remove, prepare derivative works, perform, distribute, exhibit, broadcast or otherwise exploit the User Generated Content, in whole or in part, in any form, media or technology now or subsequently developed, including, without limitation, radio and cable television or wired or wireless transmission and the Internet for any purpose, including, without limitation, advertising, promotional, entertainment or commercial purposes, without payment to you and without further permission from you. Under this license, OWN3D Pro may use any ideas or concepts contained in the User Generated Content without further attribution, compensation or notice to you.




  • You may not post, transmit, distribute, upload, promote or otherwise make available any communications, content or materials that contain:





  1. corrupted files, viruses or similar software files whose purpose is to damage the operation of a computer other;

  2. are unlawful, threatening, harassing, abusive, defamatory, violating privacy or publicity, vulgar, obscene, sexually explicit, hateful, profane, indecent, racially or ethnically derogatory, or otherwise objectionable;

  3. contain software viruses, unsolicited advertising, promotional material or other forms of advertising for other users, individuals or organizations;

  4. include e-mail addresses, first and last names, URLs, telephone numbers, physical addresses or other forms of personal contact information;

  5. impersonate any person, entity or organization, including our Company and our employees and agents;

  6. promote behaviors that would constitute a criminal offense;

  7. create a civil liability;

  8. otherwise violate any law (including but not limited to those governing consumer protection, unfair competition, anti-discrimination or false advertising);

  9. is a behavior that, in the opinion of OWN3D Pro, restricts, interferes with, interferes with or prevents the use or enjoyment of the products & services and / or our related services and products by other users.




  • You decline, waive, and agree that you have no moral rights to the User Generated Content. OWN3D Pro may delete or shorten user-generated content to comply with these terms or laws. In this way, OWN3D Pro cannot later be held responsible as an author, publisher, or otherwise than for the user-generated content.




  • You understand that the use of our products & services may expose you to user-generated content that is offensive, indecent, or offensive to you. In no event will OWN3D Pro be liable for User Generated Content, including but not limited to errors or omissions in User Generated Content, or for any loss or damage of any kind to you or any other person resulting from the use of User Generated Content transmitted through the products & services, uploaded, published, e-mailed or otherwise made available.




  • You are solely responsible for your conduct, the compliance of your User Generated Content with applicable laws and your communication with others while using our products & services. By using our products & services, you warrant that you have the rights or permissions necessary to use your User Generated Content and to comply with these terms.




  • You, and not us, are responsible for maintaining, protecting, and securing any content you create. OWN3D Pro makes no promise to protect, store or secure user-generated content, including yours. We are not responsible for the loss or damage to your User Generated Content or for any costs or expenses associated with the backup or recovery of your User Generated Content, even if we cause the loss or damage.




We may choose to review publicly published or shared content and remove or correct any user-generated content that we or others may find obscene, indecent, lascivious, dirty, overly violent, harassing, or otherwise objectionable. However, you acknowledge that we are not required to monitor information about the products & services. And such actions we take do not make us the editors or in any way responsible for the content created by the user.


TERMINATION OR SUSPENSION OF YOUR USE OF OUR PRODUCTS & SERVICES


Subject to the Terms we may suspend your access at any time without giving any reason and without notice, or stop providing you our products & services. Without limiting the generality of the last sentence, we are entitled to;



  1. terminate, suspend, if we have reason to believe that you have participated in any of the prohibited or unauthorized activities described in these Terms, or otherwise violate your obligations of these Terms or restrict your access to or use of our products & services;

  2. notify law enforcement, regulators, third parties affected and others, if we believe it is appropriate;

  3. stop providing you with our products & services in the future; and (iv) take legal action against you.


PAYMENT PROCESSING


Payment processing related to Content and Services and/or Apps purchased on OWN3D Pro is processed by a Third-Party Payment Processor, depending on the payment method chosen for purchase. You agree to be bound by the terms of that Third-Party Payment processor.


THIRD PARTY SERVICES


OWN3D Pro may include content and links to third party services and/or third party services may be made available to you via OWN3D Pro. These services are subject to respective third party terms and conditions. You are advised to read third party Terms carefully as they constitute an agreement between you and the third party. If you follow a link to any of these websites, please note that these websites have their own privacy policies. We do not accept any responsibility or liability for their policies, their processing of your information or the content on the websites of these third-parties. We strongly recommend that you read their privacy policies and terms and conditions to understand how they process your information.


PRIVACY


When you sign up for an account you provide personal details to us that may be deemed as personal data under applicable legislation. OWN§D Pro is acting as controller for your personal data meaning that OWN3d PRO is responsible for the processing of your personal data. By accepting these Terms of Service you consent to OWN3D Pro using the personal data collected in accordance with our Privacy Policy, which is published at: www.own3d/privacy


Limitation of Liability


To the fullest extent permissible by law, OWN3D Pro shall not be liable for any direct, indirect, exemplary, special, consequential, or incidental damages of any kind, or for any loss of data, revenue, profits or reputation, arising under these terms or out of your use of, or inability to use, the services, even if OWN3D Pro has been advised of the possibility of such damages or losses. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you.


In no event shall the aggregate liability of OWN3D Pro for any damages arising under these terms or out of your use of, or inability to use, the services exceed the total amount of fees, if any, paid by you to OWN3D Pro for using the services during the three (3) months prior to bringing the claim.


DISCLAIMER


We provide our products & services "AS IS" and without any guarantee from us, our agents, employees, subsidiaries, licensors, distributors,, advertisers or suppliers (the "other companies"), as they allow, and to the fullest extent possible by implied law, us and the other entities, expressly disclaims all warranties, express or implied, including, but not limited to, merchantability and fitness for a particular purpose and warranties of non-infringement of third party rights.


THERE IS NO WARRANTY THAT OUR PRODUCTS & SERVICES WILL MEET YOUR REQUIREMENTS THAT YOUR ACCESS IS INTERRUPTED OR ERROR-FREE, OR THE USE OR RESULTS OF THE USE OF THE PRODUCTS & SERVICES OR RELATED TO PERFORMANCE, ACCURACY, RELIABILITY, SECURITY, CURRENTNESS OR OTHER. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ANY PERSON, IF ANY, MAY CREATE A WARRANTY.


UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR THE UNAUTHORIZED USE OF THE PRODUCTS & SERVICES.


CHANGES TO OUR TERMS OF SERVICE


We may revise these Terms from time to time and the most current version will always be published in our products & services. However, we will not inform you about changes. Check these conditions regularly to make sure you are familiar with them. By continuing to access or use the products & services after the changes have come into force, you agree to the revised terms. If you do not agree to the new terms, stop using the products & services.


MISCELLANEOUS


THESE TERMS AND CONDITIONS AND THE USE OF OUR PRODUCTS & SERVICE SHALL APPLY IN AUSTRIA GOVERNED BY AUSTRIAN LAW. ALL CLAIMS ARISING OUT OF THESE TERMS OR THE PRODUCTS & SERVICES OR SOFTWARE MUST BE PROVIDED ONLY IN THE NATIONAL COURT OF AUSTRIA.


These Terms, together with the Privacy Policy and all User Agreements, constitute the entire and exclusive agreement between you and us in relation to our products & services and supersede all prior understandings and agreements between us with respect to their subject matter. These conditions do not create any rights of third parties. Our failure to enforce a provision is not a waiver of our right to do so later. If any provision is found to be unenforceable, the remaining provisions of these Terms will remain in full force and an enforceable provision will be replaced to reflect our intentions as accurately as possible. You may not assign your rights to these terms, and such attempt is void. However, we may transfer or assign our rights and obligations under these Terms to another company. We and you are not legal partners or agents. Instead, our relationship is that of independent contractors.