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.

  1. Rights to our products & services

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.

  1. 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:

  1. 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:

  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 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.

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.

  1. 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.

  1. Third Party Services

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.

  1. Third Party Content

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.

  1. Privacy

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

  1. 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.

  1. Children

We do not use our Online Services to knowingly solicit information from or market to children under the age of 13. Our terms of use prohibit users aged under 13 years from accessing our Online Services. In the event that we learn that we have collected personal information from a child under 13 years of age we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13 years of age please contact us at privacy@own3d.tv.

  1. 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.

  1. 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.