Terms of Service
Last updated: December 9th, 2019
Everyone knows famous streamers, but what about the viewers? STREAMHEROES puts the viewer in the spotlight by rewarding him for his loyalty. It lets viewers earn points while watching their favorite streams. These points can be redeemed for digital trading cards of their beloved content creators.
STREAMHEROES is a product/service of own3d media GmbH.
Please read this Terms of Service carefully before using the STREAMHEROES app or website. These Terms of Service govern your use of the app and website, unless we have executed a separate written agreement with you for that purpose. We are only willing to make the app or the website available to you if you accept all of these Terms. By using the app or the website, or any part of them, 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 the app or the website available to you. If you do not agree to these Terms, you may not access the app or use the website.
STREAMHEROES 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 app or website. 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.
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:
you are thirteen (13) years of age or above;
you agree to user 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 available Content 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.
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, STREAMHEROES 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.
STREAMHEROES receives the following license, but does not claim ownership of your user-generated content. By submitting User Generated Content, you grant STREAMHEROES 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, STREAMHEROES 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:
corrupted files, viruses or similar software files whose purpose is to damage the operation of a computer other;
are unlawful, threatening, harassing, abusive, defamatory, violating privacy or publicity, vulgar, obscene, sexually explicit, hateful, profane, indecent, racially or ethnically derogatory, or otherwise objectionable;
contain software viruses, unsolicited advertising, promotional material or other forms of advertising for other users, individuals or organizations;
include e-mail addresses, first and last names, URLs, telephone numbers, physical addresses or other forms of personal contact information;
impersonate any person, entity or organization, including our Company and our employees and agents;
promote behaviors that would constitute a criminal offense;
create a civil liability;
otherwise violate any law (including but not limited to those governing consumer protection, unfair competition, anti-discrimination or false advertising);
is a behavior that, in the opinion of STREAMHEROES, 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. STREAMHEROES may delete or shorten user-generated content to comply with these terms or laws. In this way, STREAMHEROES 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 STREAMHEROES 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. STREAMHEROES 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.
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;
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;
notify law enforcement, regulators, third parties affected and others, if we believe it is appropriate;
stop providing you with our products & services in the future; and (iv) take legal action against you.
STREAMHEROES may include content and links to third party services and/or third party services may be made available to you via STREAMHEROES. 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.
In our products & services we display and provide third party content such as news and media (''Third Party Content''). This Third Party Content may be part of, or accessible through, our products & services, and may include without limitation links to third party websites, as well as software, or other services provided by third parties as part of, or in connection with, the Services. We are not responsible for accuracy or opinions expressed in such third party content, and any such third party websites are not investigated, monitored or checked for accuracy or completeness by us. We are not responsible, and assume no liability, for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of such third party content. You understand that the information and opinions in the third party content represent solely the thoughts of the author and is not endorsed by us, nor does it necessarily reflect our beliefs. You therefore release STREAMHEROES from any actions, demands, suits or other claims resulting from or arising out of or in connection with such third party content and/or websites.
These Terms of Service only give you a limited, non-exclusive, and revocable license to use the Site and the products & services to the extent necessary to access the Services. Under no circumstance shall these Terms be interpreted in a manner which gives you a license to copy, modify, reproduce, publicly perform, or engage in any conduct (other than use) which, without a license, would constitute infringement upon the intellectual property rights of a third party.
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.