Last updated: January 16th, 2023
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.
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.
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.
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.
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.
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.
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:
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:
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.
This agreement shall enter into force upon your acceptance of the terms set forth herein and will be automatically prolonged for periods as designated by you when purchasing a subscription, (each such period a "subscription period"), until terminated by you or by OWN3D prior to the end of the then-current subscription period.
To the fullest extent permitted under applicable law and except as otherwise stated herein, you agree that OWN3D will have no liability or responsibility to you and that OWN3D will not refund any amounts that you have already paid, if you terminate this Agreement, or if OWN3D terminates this agreement or suspends your access in accordance with the provisions herein.
If you reside in a country which is part of the European Union and have purchased a subscription, you have the right to terminate the subscription, by completing the withdrawal form found here and sending it through this webform and receive a full refund within fourteen (14) days of purchase (the "cooling-off period"), but only if you have not used any service/feature of the product. Meaning that you have started to consume the subscription.
For the avoidance of doubt, if you terminate this agreement after the cooling-off period is over (where applicable), OWN3D will not refund any subscription fees already paid by you.
Without limiting the generality of this section, we are entitled to:
For the rights granted herein you will be charged a subscription fee at the beginning of each subscription period, in the amount stated in the subscription section on the website. OWN3D will not refund any subscription fees paid, except as explicitly provided in this agreement.
The subscription fee is inclusive of VAT.
OWN3D may change the subscription fee from time to time and will communicate any such changes to you in advance. Price changes will take effect no earlier than at the start of the subscription period following the date of the change. If you do not accept the price change, you may terminate your subscription at any time prior to such price change.
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.
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.
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.
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.
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.
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.