OpenBroadcaster Inc. TECHNOLOGIES AND SERVICES
Latest revision: January 6, 2022
1 . INTELLECTUAL PROPERTY
All intellectual property on THE WEBSITE (except for User Generated Content, as defined below) is owned by us or our licensors, which includes materials protected by copyright, trademark, or patent laws. All trademarks, service marks and trade names are owned, registered and/or licensed by us. All content on THE WEBSITE (except for User Generated Content, as defined below), including, but not limited to text, software, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content is a collective work under Canadian and other copyright laws and is the proprietary property of the Company, all rights reserved. Users will abide by our published applicable open source licenses (Affero GPL2, GPL).
2. USE OF COMPANY MATERIALS
3. USER GENERATED CONTENT
“User Generated Content” is communications, materials, information, data, opinions, photos, profiles, messages, notes, website links, text information, music, videos, designs, graphics, sounds, and any other content that you and/ or other website users post or otherwise make available on or through THE WEBSITE, except to the extent the content is owned by us.
4. ACCOUNT AND ACCOUNT USE
If your use of THE WEBSITE requires an account identifying you as a user of THE WEBSITE (an “Account”):
a) you are solely responsible for your Account and the maintenance, confidentiality and security of your Account and all passwords related to your Account, and any and all activities that occur under your Account, including all activities of any persons who gain access to your Account with or without your permission,
b) you agree to immediately notify us of any unauthorized use of your Account, any service provided through your Account or any password related to your Account, or any other breach of security with respect to your Account or any service provided through it, and you agree to provide assistance to us, as requested, to stop or remedy any breach of security related to your Account, and
c) you agree to provide true, current, accurate and complete customer information as requested by us from time to time, and you agree to promptly notify us of any changes to this information as required to keep such information held by us current, complete and accurate.
You understand that all information, data, text, software, graphics or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not OpenBroadcaster Inc. , are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via THE WEBSITE. OpenBroadcaster Inc. does not control the Content posted via THE WEBSITE and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will OpenBroadcaster Inc. be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via THE WEBSITE. You agree to not use THE WEBSITE to:
1. Upload, post, email, transmit, publish or distribute any material that incites violence, hate or discrimination or otherwise content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable to any group;
2. Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
3. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through THE WEBSITE;
4. Upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or other relationships;
5. Upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
6. Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” or any other form of solicitation;
7. Upload, post, email, transmit or otherwise make available any material that contains software viruses, worms, defects, Trojan horses, malware, or any items of a destructive nature or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
8. Disrupt the normal flow of dialogue, or otherwise act in a manner that negatively affects other users’ ability to engage in discussions or exchanges;
9. Interfere with or disrupt THE WEBSITE or servers or networks connected to THE WEBSITE, or disobey any requirements, procedures, policies or regulations of networks connected to THE WEBSITE;
10. Intentionally or unintentionally violate any applicable local, state, national or international law,
11. Engage in or create any unlawful gambling, sweepstakes, or pyramid scheme,
12. Perpetrate any fraud;
13. Violate any intellectual property rights of ours or any third party,
14. “Stalk” or otherwise harass, abuse, or threaten others or otherwise violate any person’s legal rights; and/or
15. Unlawfully gather, collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs above. You acknowledge that OpenBroadcaster Inc. may or may not pre-screen Content, but that OpenBroadcaster Inc. and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, move, or remove any Content that is available via THE WEBSITE and which violates the TOS. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. You acknowledge, consent and agree that OpenBroadcaster Inc. may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to:
a) Comply with legal process;
c) Respond to claims that any Content violates the rights of third parties;
d) Respond to your requests for customer service; or
e) Protect the rights, property or personal safety of OpenBroadcaster Inc., its users and the public.
6. REVERSE ENGINEERING & SECURITY
You may not undertake any of the following actions:
a) Reverse engineer, or attempt to reverse engineer or attempt to derive, disassemble any code or software processes or other information, from or on THE WEBSITE, except to the extent that this restriction is expressly prohibited by applicable law.
b) Violate the security of THE WEBSITE through any unauthorized access, Circumvent, or attempt to circumvent encryption or any security measures or tools, data mining or interference to any host, user or network or otherwise “hack” the Website.
7. DATA LOSS
We are not responsible for the security of your Account or Content. Your use of THE WEBSITE is at your own risk.
9. SERVICE INTERRUPTIONS
We may need to interrupt your access to THE WEBSITE to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that your access to THE WEBSITE may be affected by unanticipated or unscheduled downtime, for any reason, but that we will have no liability for any damage or loss caused as a result of such downtime.
10. TERMINATION OF ACCOUNT
11. NO WARRANTIES
Your use of THE WEBSITE is at your sole and exclusive risk, and any services provided by us are on an ‘as is’ basis. We disclaim any and all express or implied warranties of any kind, including, but not limited to, the implied warranty of fitness for a particular purpose, and the implied warranty of merchantability. We make no warranties that THE WEBSITE will meet your needs or that THE WEBSITE will be uninterrupted, error-free, or secure. We also make no warranties as to the reliability or accuracy of any information on THE WEBSITE or obtained through the Services. Any damage that may occur to you, through your computer system, or as a result of loss of your data from your use of THE WEBSITE is your sole responsibility and we are not liable for any such damage or loss. EXCEPT AS EXPRESSLY PROVIDED FOR IN THE TERMS, TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES, GUARANTEES, CONDITIONS, REPRESENTATIONS, AND UNDERTAKINGS.
12. LIMITATION ON LIABILITY
We are not liable for any damages that may occur to you as a result of your use of THE WEBSITE, to the fullest extent permitted by law. You expressly understand and agree that OpenBroadcaster Inc. and its subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits or revenues, goodwill, use, data, financial losses; or direct, special, consequential, exemplary, or punitive damages or other intangible losses (even if OpenBroadcaster Inc. has been advised of the possibility of such damages), resulting from the use or the inability to use OpenBroadcaster Technologies.
Modification. OpenBroadcaster Inc. may modify the Terms or any portion to, for example, reflect changes to the law or changes to our API. Changes will not apply retroactively and will become effective no sooner than 30 days after they are posted. But changes made for legal reasons will be effective immediately. If you do not agree to the modified Terms, you should discontinue your use of the API. Your continued use of THE WEBSITE constitutes your acceptance of the modified Terms.
General Legal Terms. You represent and warrant that you have all required authority to accept the Terms. OpenBroadcaster Inc.is not liable for failure or delay in performance to the extent caused by circumstances beyond our reasonable control. If you do not comply with the Terms, and OpenBroadcaster Inc. does not take action right away, there is no implied waiver of rights. If it turns out that a particular term is not enforceable, the remaining terms stay in effect. The Terms are the entire agreement between you and OpenBroadcaster Inc. relating to THE WEBSITE and supersede any prior or contemporaneous agreements on that subject.
Governing Law and Jurisdiction. The laws of the state of New York will apply to any disputes arising out of or related to the Terms or THE WEBSITE and all claims arising out of or relating to the Terms or THE WEBSITE will be litigated exclusively in the federal or state courts of New York County, New York, and you and OpenBroadcaster Inc. consent to personal jurisdiction in those courts.
13. SALE OF GOODS AND SERVICES
We may sell goods or services or allow third parties to sell goods or services on THE WEBSITE. We undertake to be as accurate as possible with all information regarding the goods and services, including product descriptions and images. However, we do not guarantee the accuracy or reliability of any product information and you acknowledge and agree that you purchase such products at your own risk.
14. SHIPPING, DELIVERY AND RETURN POLICY
You agree to ensure payment for any items you may purchase from us and you acknowledge and affirm that prices are subject to change. When purchasing a physical good, you agree Io provide us with a valid email and shipping address, as well as valid billing information. We reserve the right to reject or cancel an order for any reason, including errors or omissions in the information you provide to us. If we do so after payment has been processed, we will issue a refund to you in the amount of the purchase price. We also may request additional information from you prior to confirming a sale, and we reserve the right to place any additional restrictions on the sale of any of our products. For the sale of physical products, we may preauthorize your credit or debit card at the time you place the order, or we may simply charge your card upon shipment. You agree to monitor your method of payment. Shipment costs and dates are subject to change from the costs and dates you are quoted due to unforeseen circumstances.
When you make a purchase on THE WEBSITE, you agree to provide a valid instrument to make a payment. Pay attention to the details of the transaction, as your total price may include taxes, fees, and shipping costs, all of which you are responsible for paying.
When you provide a payment instrument to us, you confirm that you are permitted to use that payment instrument. When you make a payment, you authorize us (and our designated payment processor) to charge the full amount to the payment instrument you designate for the transaction. You also authorize us to collect and store that funding instrument, along with other related transaction information.
If you pay by credit or debit card, we may obtain a preapproval from the issuer of the card for an amount as high as the full price. If you cancel a transaction before completion, this preapproval may result in those funds not otherwise being immediately available to you.
We may cancel any transaction if we believe the transaction violates these Terms, or if we believe doing so may prevent financial loss.
In order to prevent financial loss to you or to us, we may contact your funding instrument issuer, law enforcement, or affected third parties (including other users) and share details of any payments with which you are associated, if we believe doing so may prevent financial loss or a violation of law. Payment for any on-going services is billed automatically until notification that you would like to terminate your access to the services.
16. PROTECTION OF PRIVACY
Through your use of THE WEBSITE, you may provide us with certain information. By using THE WEBSITE, you authorize us to use your information in Canada and any other country where we may operate.
When you register for an Account, you provide us with a valid email address and may provide us with additional information, such as your name and/or billing information, depending on how you use our Website, we may also receive information from external applications you use to access our Website, or we may receive information through various web technologies, such as cookies, log files, clear gifs, web beacons or others.
We use the information gathered from you to ensure your continued good experience on our Website, including through email communication. We may also track the passive information received to improve our marketing and analytics, and for this, we may work with third-party providers.
If you would like to disable our access to any passive information we receive from the use of various technologies, you may choose to disable cookies in your web browser. Please be aware that we will still receive information about you that you have provided, such as your email address.
Internet communications are subject to interception, loss or alteration, and, as consequence, you acknowledge that information or data you provide by electronic means by accessing or using this Website are not confidential or exclusive, except to the extent required by the applicable laws, and that communications by email may be intercepted, altered or lost.
For any questions, concerns, or disputes, you agree to contact us in a timely manner at the following address:
Open Broadcaster Inc.
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