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Please read this Agreement carefully before accessing or using our services. By accessing or using the Service, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access or use the Service. If these terms and conditions are considered an offer by OWN GmbH, acceptance is expressly limited to these terms.
OWN is available only to individuals who are either at least 14 years. By using the Service you warrant and represent that you are at least 14 years of age.
The Service provides you the opportunity to create online Spaces for you and other people. If you create a Space, you are responsible for maintaining the security of your account and Spaces, and you are fully responsible for all activities that occur under the account and on Spaces you created and any other actions taken in connection with your account. You must not describe or assign keywords to your Spaces in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and OWN GmbH may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause OWN GmbH liability. You must immediately notify OWN GmbH of any unauthorized uses of your Spaces, your account or any other breaches of security. OWN GmbH will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
If you create Spaces, comment on a Space, post material to the Service, post links to Spaces, or otherwise make (or allow any third party to make) material available by means of the Service (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
By submitting your Contents you retain the full rights to those works that you had prior submitting. By submitting Content to OWN GmbH for inclusion on your Spaces, you grant OWN GmbH a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying and distributing your Spaces with invited members of your Spaces. If you delete Content, OWN GmbH will use reasonable efforts to remove it from the Service, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, OWN GmbH has the right (though not the obligation) to, in OWN GmbH’s sole discretion (i) refuse or remove any Content that, in OWN GmbH’s reasonable opinion, violates any OWN GmbH policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Service to any individual or entity for any reason, in OWN GmbH’s sole discretion. OWN GmbH will have no obligation to provide a refund of any amounts previously paid.
Content Posted on the Service: OWN GmbH has not reviewed, and cannot review, all of the material, including computer software, posted to the Service, and cannot therefore be responsible for that material’s content, use or effects. By operating the Service, OWN GmbH does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Service may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Service may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. OWN GmbH disclaims any responsibility for any harm resulting from the use by users of the Service, or from any downloading by those users of content there posted.
Content Posted on Other Websites: We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which OWN links, and that link to OWN. OWN GmbH does not have any control over those non-OWN websites and webpages, and is not responsible for their contents or their use. By linking to a non-OWN website or webpage, OWN GmbH does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. OWN GmbH disclaims any responsibility for any harm resulting from your use of non-OWN websites and webpages.
Copyright Infringement: As OWN GmbH asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by OWN violates your copyright, you are encouraged to notify OWN GmbH. OWN GmbH will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. OWN GmbH will terminate a visitor’s access to and use of the Service if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of OWN GmbH or others. In the case of such termination, OWN GmbH will have no obligation to provide a refund of any amounts previously paid to OWN GmbH.
Intellectual Property: This Agreement does not transfer from OWN GmbH to you any OWN GmbH or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with OWN GmbH. OWN, ownint.com, the OWN logo, and all other trademarks, service marks, graphics and logos used in connection with OWN, or the Website are trademarks or registered trademarks OWN GmbH. Other trademarks, service marks, graphics and logos used in connection with the Service may be the trademarks of other third parties. Your use of the Service grants you no right or license to reproduce or otherwise use any OWN GmbH or third-party trademarks.
Attribution: OWN GmbH reserves the right to display attribution links such as ‘OWN’ on your Spaces.
General Terms: Optional paid services such as more Spaces or extra storage are available on the Service (any such services, an “Upgrade”). By selecting an Upgrade you agree to pay OWN GmbH the monthly or annual subscription fees indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. Upgrade fees are not refundable.
Automatic Renewal: Unless you notify OWN GmbH before the end of the applicable subscription period that you want to cancel an Upgrade, your Upgrade subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such Upgrade (as well as any taxes) using any credit card or other payment mechanism we have on record for you.
Termination: OWN GmbH may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your OWN account (if you have one), you may simply discontinue using the Service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties: The Service is provided “as is”. OWN GmbH and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither OWN GmbH nor its suppliers and licensors, makes any warranty that the Service will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through the Service at your own discretion and risk.
Limitation of Liability: In no event will OWN GmbH, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to OWN GmbH under this agreement during the twelve (12) month period prior to the cause of action. OWN GmbH shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
General Representation and Warranty: You represent and warrant that (i) your use of the Service will be in strict accordance with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from Germany or the country in which you reside) and (ii) your use of the Service will not infringe or misappropriate the intellectual property rights of any third party.
Indemnification: You agree to indemnify and hold harmless OWN GmbH, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Service, including but not limited to your violation of this Agreement.
Miscellaneous: This Agreement constitutes the entire agreement between OWN GmbH and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of OWN GmbH, or by the posting by OWN GmbH of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Service will be governed by the laws of Berlin, Germany, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Berlin, Germany. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; OWN GmbH may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.