Terms of Use

We welcome you to the terms of use of the Owwwn.com website. This section of our website contains important legal information that applies website and services. By using our services you automatically agree to these terms as well as our privacy policy. If you have any questions or suggestions please do not hesitate to contact us at support@owwwn.com.

What is Owwwn.com

Owwwn.com is a WordPress based website builder that allows you to fully enjoy the benefits of a truly managed and maintained WordPress website without any coding or design knowledge needed. Our goal is to provide an affordable online presence to anyone that might need it.

Legal Agreement

These Terms of Use information represent a legal contract between you, the user and Owwwn.com a platform created by Vivid Binaries GmbH (“us”, “we,” “our”) and is, therefore, a document both binding and enforceable by law. Whether you are an individual or a person representing a company (in which case this agreement represents a contract between Vivid Binaries GmbH and your company), by using our services and/or website, you automatically agree to these terms and provide consent to our Privacy Policy.

The terms relate to visiting our platform and our website (Owwwn.com), creating a trial account on our platform as well as owning a paid subscription and website connected to Owwwn.com platform as well as the use of themes, products, content or features connected to the platform itself.

Should you want to cancel this agreement or do not fully agree to its content, cease use of any of our services or products immediately. Please take your time to thoroughly go through the agreement for it contains vital information concerning the legal implications that occur while using our product and services.

Your Legal Obligations

In order to use our platforms services, you must be of legal age of majority in your jurisdiction or have a guardian approve your actions and undertakings. Should this not be the case we kindly ask you not to use our services since you are not able to enter into a legal agreement with us.

You represent and warrant that you live in a country that has not in any way restricted the use of Owwwn.com or its services and that you or your company resides within the same country as listed and provided within your billing and user information

Responsibilities:

You are solely responsible for your website content and the manner you use our platform, therefore you will have to comply with the following:

While using our platform you are to comply in full extent with all the regulations, laws and terms that might be applicable to the use of our services, as well as laws that relate to you and your websites visitors and end-users. You represent and warrant that no unlawful activities will occur upon managing your account, website content and other activities on our platform.

As the owner of the account, you are responsible for all the actions that are undertaken in the website creation and content entry process as well as all actions you undertake towards promoting your website, sharing it on social media, obligations towards your end-users and visitors and your website’s compliance to rules, laws and regulations in all the locations it is being viewed and used.

Owwwn.com templates are created to have the ability to comply with GDPR and other regulatory procedures, however, the content mandatory for those regulations is your responsibility. We will not any legal advice or support nor be liable for your failure to comply with such rules and regulations.

You are also responsible for all the information you collect through your website and hereby agree to collect them at your own discretion and process them according to the appropriate regulations.

As a user of our services, you hereby represent and warrant that by using Owwwn.com you are not violating the rights of any third party including but not limited to personal rights, trademarks, copyright intellectual property rights, publicity or trade secret rights.

You provide us with the following permissions:

Permission to send, on occasion, emails to you that describe our additional services, offers, promotions and useful information concerning our platform. You can easily opt-out of these messages within your account dashboard information.

We have the perpetual, non-exclusive royalty-free rights to feature your website, names, logos and branding material in our promotional materials worldwide and free of charge, and you waive any claims against Owwwn.com or any of its representatives concerning moral, artistic and any other rights in the past, present or future concerning the mentioned use of your website.

When you enter content within our platform you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free right and license to use, host, store, communicate, publish, publicly display, that User Content for the limited purposes of providing, improving, promoting and protecting our platform and services. This does not affect any rights you may have under applicable data protection laws.

You give us the permission to in our sole discretion manage, host, promote and conduct our services as we see fit. You provide us with the permission to offer our services in alternative price plans and, upon notifying you, impose restrictions and limitations to your subscriptions storage downloads, uploads, network traffic, bandwidth, content length, size, quality or sources should your website surpass the maximum allocated resources per instance. Owwwn.com is obliged to provide you with an offer before imposing these restrictions.

You guarantee to restrain from:

  • Downloading, migrating, copying, modifying or in any other way reusing, reselling or reproducing any part of the Owwwn website and platform or any products in connection with and under the ownership of Vivid Binaries GmbH nor its content. Doing so will result in a lawsuit against you and all the other parties involved.
  • Using, uploading or submitting any User Content that might be deemed criminal, harmful, obscene, threatening, abusive, fraudulent, racist or in any way disrespectful to any person entity or brand nor their property, intellectual property or privacy. Any content provided on your website is your responsibility and Owwwn.com will not be liable.
  • Collecting and making available personal, credit card, login, or any other type of information that is given to you without consent.
  • Using in, inserting, or in any way incorporating and connecting the Owwwn.com platform with malicious and unapproved software or unauthorized additions in order to interfere with the work of the platform, attempt to interact with or extract intellectual property, temper with its current state or in any way harm the platform’s functionality. This applies to tests and probing into the vulnerability of the entire platforms and all its parts as well as performing stress tests and other activities that might compromise the integrity and stability of the platform.
  • Using Owwwn.com trademarked keywords or branding material in advertisement algorithms and other means of promotion without our consent.
  • Uploading or add video, written, audio or any other kind of content that is in any way illegal, abusive, harmful or disrespectful.
  • Falsely representing yourself or impersonating another individual as well as providing false information about any person or company or your relationship with them.
  • Failure to uphold these rules will result in immediate termination of the Legal Agreement and the services provided to you.

Accounts

In order to use our service to the full extent, users will be inclined to create an account on our platform. Uppon creating such an account you agree to provide us with full and accurate information that is required in the sign-up process including but not limited to your correct e-mail address, personal information as well as billing information for the account in question. This information can be used in the determination of the ownership of User Content. Should you be registering a company account, please provide information for that given company for it is the party that is entering into a legal agreement with Owwwn.com.

In the process of account creation, you will be asked to determine your access data. We ask you that you carefully choose this information, keep it safe and share it only with people trust since all the options connected to your account will be available to anyone that is familiar with your login information. We will not be held responsible or liable for any loss of access data on your part.

Should this happen, we urge you to change the access data promptly and notify us of such an event since all changes that might follow within your profile, website, content billing or any other information as connected with your account, whether or not authorized by you, will be considered as changes conducted on your behalf and you will be held responsible for any damages caused in the process. This also refers to any violations of the terms of use that might occur in this event as well as damages caused in the process

In case of dispute over ownership of the account, we reserve the right to examine the case and make the decision based on provided data and profile activity. We might, in this situation, be inclined to ask for identification documentation. We also reserve the right to suspend the account in question until the parties involved in the dispute reach an agreement.

Content

The content provided within the templates is purely for placeholder purposes and it is not to be used as the User Content within your final public version. Its role is to provide you with the basic feel of the theme in question. User Content you enter upload and display remains your property and responsibility. Having said that you must have all legal rights and copyright permissions and obtained all rights to upload, display and showcase any content that is featured within your website including but not limited to logos, images, text, videos, animations, fonts, usernames, artwork, interfaces downloadable materials and other types of material and content that might be incorporated in the end product. You do, however, transfer to us the right to showcase and display it as well as store it as explained in section 2.2 of this Terms of Use agreement.

User Content must be in accordance with the terms of use listed here and not in any way unlawful or fraudulent, illegal to possess, upload, display or otherwise use. Owwwn.com (Vivid Binaries GmbH) will not be held responsible nor liable for the content connected to your account and subscription.

You will need to provide us with access to your User Content and the ability to copy and upload it for the sole purpose of providing you with our service. No content will be reused or edited by our side. Under no circumstances will Owwwn.com be responsible for the content or be thought of as an endorser or publisher of any user content you decide to use on your website.

Should there be any content that does not abide by the rules stated within this Terms of Use page, we reserve the right to demand you delete it. If you do not comply we might be forced to suspend your account.

The intellectual property of Owwwn.com

All components, features and content, or for short intellectual property connected to the Owwwn.com platform including but not limited to the artwork, design, code (be it source or object), data, videos, audios and text (including the tutorial and instructional material), branding material, documentation trademarks and other segments of the services we offer are under the ownership and licenced by Vivid Binaries GmbH. By using our trial and subscription-based services we grant you with a non-exclusive, non-transferable, non-sublicensable, fully revocable and limited access to our services and platform which you agree and warrant not to edit, change or in any way use in any other purposes and situations other than within the service that we provide.

The content provided within our templates serves the purpose of placeholder content and visually presenting the capabilities of our themes. This content is not part of the subscription you are acquiring nor is it meant to be sold or resold within our price plans. It is to be changed with your original, accurate and in no case fraudulent or illegal content upon the acquisition of an Owwwn.com subscription.

We reserve the right to without any additional charge or approval use your feedback, comments, suggestions and observations in order to improve our services and provide you with a more robust, efficient and improved platform. This refers but is not limited to upgrading our features and services, providing assistance through support and maintenance, enhancement of our security, promoting and advertising our platform or any other activity that might be connected to the general upgrade or growth of the platform.

Third-party solutions

Third-party solutions incorporated within our products by us or you as a user such as social media connections, software, addons or plugins, domain-related solutions that improve quality of life and our services or any type of content incorporated within the platform itself, as well as other linked websites and services might be operating on their own terms of use. By using them you are automatically agreeing to the mentioned terms and we kindly ask you to familiarize yourself with them thus avoiding any breach. Owwwn.com will not be held liable nor responsible for any breach of the terms committed by your direct actions. Your interaction with these solutions is solely your responsibility.

Domains

Owwwn.com offers the ability to purchase a domain via our platform through our third-party partners. By doing so you give us access to it for the sole purpose of setting up our services.  The domain remains your property and you can ask for its handover at any time. Keep in mind that domains, its setup or handover, may require some time. We ask for your patience in those situations.

The prices of domains and their renewal may vary. Owwwn.com reserves the right to change the prices of their purchase and renewal accordingly. We are obliged to notify you if such changes should occur.

You are obliged to notify us a minimum of 30 days prior to any domain transfer or cancellation of renewal.

Should you want to connect an already purchased domain to your account, you will be responsible for the domain related setups that are necessary before going live with your website.

We reserve the right to:

We reserve the right to in our own discretion change one or all parts of our service, discontinue, limit, suspend, restrict or terminate our services in case you breach any of the terms and/or reach the maximum amount of resources allocated to your account. We also reserve the right to change the terms of your subscription upon promptly notifying you and acquiring your permission should your account overshoot the number of visitors, maximum storage and server resources.

By registering your domain on our platform we reserve the right to create and maintain a certificate in order to provide quality services connected with the domain in question.

Privacy policies

The manner in which we gather personal information and the purposes of their acquiring is defined and thoroughly explained within our Privacy Policy. By using this website, platform and our services you acknowledge that you have understood and automatically agree with the said policy.

The privacy policy of your website and privacy obligations towards your end-users is solely your responsibility. If applicable by law and regulations wherever your website has a presence, you must provide an adequate privacy policy and all other information concerning the data you are gathering how, and to what purpose it is being processed. You must also where applicable include a cookie disclaimer and similar technologies. Owwwn.com and Vivid Binaries GmbH will not be held responsible or liable should you fail to uphold these regulations.

Copyright

We are obliged by law to comply with any copyright infringement that might occur on our platform. Should there be any brought to our attention we will be inclined to investigate and notify you should there be a breach. This may result in your obligation to exclude the content that has been deemed to breach any copyright protocols. Failure to comply with such actions may result in your account being suspended until the issue has been resolved. You will be notified of such actions beforehand and any legal actions that might be directed towards you by a third-party that contacted us. We value, respect and applaud all and everyone’s intellectual property and kindly ask you to do the same.

Make sure you get the appropriate approval before posting anyone’s copyrighted material and/or content and intellectual property.

Subscriptions and charged services

Some of our services require payment on subscription bases and you, the user might be obliged to conduct payment before being able to use them. These services are defined within the pricing sections of our website as well as the terms under which the payment is conducted. You can cancel the subscriptions and fees in question at any time.

Fees, currency and invoices

Owwwn.com decides in its sole discretion on the charges and methods of payment and reserves the right to change these conditions if necessary. Every change needs to be presented to all users influenced by it and will require their agreement in order to be processed.

The fees will be made known to all the users prior to the purchase in an obvious and direct manner. All of our subscriptions are recurring and involve either yearly or monthly subscription-based payments. The prices listed on our platform are in U.S. Dollars unless specifically stated otherwise.

Electronic invoices will be sent to you on a regular basis and will contain all the necessary information such as the amount and service you are paying, date, taxes (if applicable), tax numbers, our company information as well as personal information that will be filled from your billing information section. We kindly ask you to provide the correct information as to avoid any delays or eventual suspensions of account. The taxes will be applied according to the country you have stated within your billing information. These invoices will be visible and accessible through your account profile. You will also be able to edit your billing information and the changes will reflect on your next invoice. If you have any questions about invoices please contact our support.

By subscribing to one of our services you enable Owwwn.com to directly or through its payment partners charge you with the agreed-upon amount in the account specified intervals. Any failure to conduct payment for the services we have provided will result in the suspension of your account.

Taxes

The prices listed on our website already include the appropriate taxes based on the billing information country you have stated. This is to ensure a fair and equal price for all of our users as well as to present our prices as is, without any possible additions due to tax, payment service provider fees or other expenses, delivering a service that truly has no hidden fees. Providing documentation concerning tax exemption will not alter the price for it is a fixed price equal for all the users.

The payment of taxes and similar obligations is solely our responsibility.

Renewals and Refunds

The renewals on our platform are conducted automatically by default. Regular renewals will be scheduled on the same date each month and deducted from your selected payment method. By using this platform you allow Owwwn.com to charge you for the services we provided in chosen intervals form the selected payment method automatically. Should you wish to cancel the automatic renewal system you are able to within your account profile. Note that by doing so you are taking upon yourself to conduct timely payments that you will be notified about on your account dashboard in the form of a counter that notifies you when your next payment is due.

We do not offer refunds for our services except in the cases where we have failed to provide you with the promised service. We reserve the right to examine the case and inform you if you are entitled to a refund or not. We will not accept any outside examination nor data in the process.

Chargebacks

Should any sort of decline, chargeback or any other form of payment rejection take place we would consider it a breach of your payment obligations which will result in the suspension of your account until the issue has been resolved.

Payment Service Provider

In order to process our payment, we have acquired the services of a third-party payment service provider. All of our payments are processed by Stripe and though payment means offered within their services. Having said that, conducting payment through Stripe means that you have read, understand, accept Stripe’s terms of use and are responsible for your own actions while doing so and will be liable for any failure to comply. We will not be held responsible for any indiscretions and violations of those terms made by your actions.

All the transaction fees that are connected to Stripes services are already included within the prices listed on our website.

Should you need a different option for payment due to the inability to use one of Stripes methods contact our support and we will try and find an appropriate solution.

Right to make fee changes

Owwwn.com reserves, in our own discretion, the right to make changes to pricing and fees related to our services due to rise in expenses or your website exceeding the allowed resource consumption. You will be notified of any changes made where you will have the ability to either accept those changes or cancel your subscription to our services. No retroactive changes can be made upon the change of our fees.

Warranty

Owwwn.com is provided on an “as as”, “with all faults” and “as available” without warranties of any sort. No advice, information, written or oral obtained by any member of our organization cannot be used as proof of warranty or create one in that matter. We do not make any type of warranty that our products will meet your expectations and desired level of quality, be completely free of any errors, malware, viruses or be without interrupting operation as well as its quality security, compatibility and operability. We will, however, do our best and guarantee to provide our services in reasonable care and to the full extent of our power.

By using our services you agree to do so at your own risk. We will not be held responsible for any loss, damage or deletion of data created by your manipulation of the content of the website nor will we be held liable for any User Content, its loss, damages inflicted upon them nor its effect to the end-user be it disrespectful or in any way harmful.

We also do not recommend using our services to host any valuable personal or sensitive data on our platform. We will not be held responsible if the loss of such data or any misuse of it occurs.

Keep in mind that some of our products and features are still in its beta phase and while being in that state may be subject to errors, bugs and lack of functionality that is reflected by the rest of our website. We kindly ask you to be patient with these errors as we are doing everything in our power to remedy them before a full release.

Limitations of Liability

You hereby acknowledge and agree to the full extent of the law that Owwwn.com, Vivid Binaries GmbH, its officers, members, directors or employees shall not be liable to you for any type of damage, including but not limited to damage resulting from a) content-driven mistakes and errors including unlawful and disrespectful or in any way harmful content delivered by you the user, b) any damages that might occur whether intentional, consequential direct or indirect, c) any damage to you or your property, d) any damages caused by interruptions, termination, or suspension of our services e) any unauthorized access to stored data, personal information and our servers, f) damages caused by stored, entered and displayed user data and content on our platform or content sent through our services, g) events beyond our reasonable control, h) any Third Party Services or third-party sites accessed through our platform, i) loss of profit or damages of any sorts caused by the inability to use our platform partially or in full, j) any damages and loss caused by natural disasters, governmental decisions and acts of war, criminal organization activities, acts of God as well as any financial, labour or other economical crisis.

You acknowledge and agree that these limitations of liability and such limitations will apply even if we have been advised of the possibility of such liabilities.

Misconduct

While using our services you might encounter third-party or user content that is illegal, harmful, inaccurate or disrespectful. You hereby waive all legal rights to take legal action upon Owwwn.com and Vivid Binaries GmbH concerning the content services and products in question.

You are obliged to report such content, services, products and data to us so that we can take appropriate actions and remedy the situation.

Indemnity

You hereby indemnify Owwwn.com and its employees for any claims, damages, costs or expenses that might occur for your violation of the terms of use, any other third party copyright, terms of use or other agreement as well as damages caused by your content and inflicted to any other third-party.

Cancellation

As the user of our platform, you have the right to cancel our services whenever you decide. Keep in mind that the cancellation process might take some time so in order to avoid additional subscription renewal we ask you to do so at least 7 days before next payment. The subscription will cease to exist upon the expiration of the paid for a period. Should you wish to remove the website before that time please contact us with a request.

Should you fail to conduct payment for our services, or violate any segment of this terms of use agreement, Owwwn.com reserves the right to suspend, cancel or terminate your account.

Keep in mind that cancelling your subscription in any way or by any party might result in loss of data that has been uploaded, entered or used on your website. We will not be held liable or responsible for such occurrences.

Termination

The conditions defined by this term of use agreement will remain valid until its termination either by us or you the user. You may at any time terminate this agreement by ceasing use of our services. We reserve the right to terminate the agreement should there be a breach of any conditions defined within the agreement or should you stop providing payment for the services we offer.

Changes

We reserve the right to change, update or adapt this terms of use agreement at our sole discretion. All changes will be included within this page and we kindly ask you to check the content for alterations. You will be promptly notified to any changes concerning this agreement.

Should these changes involve additional fees, you will be notified and have the option to refuse our services by terminating your account and providing us with written proof of intent. Should you take no action, the changes will be considered as accepted. The same applies to the changes to these terms of use.

Notices

In order to keep you informed about our services, changes to the terms of use or details concerning your account, fees, claims or disputes, we might be inclined to use different methods of contacting you. Owwwn.com will, in such a case, contact you through your account notification system, email you have provided within your personal information or other means of contact that is also included within the data you have provided us within your account and sign-up.

Relationships

By using our services you are in no way entering a partnership or any other type of cooperation of employer-employee type of relationship with Vivid Binaries GmbH.

Governing Law and Jurisdiction

Any disputes, claims and legal action concerning our services and actions taken against or by Owwwn.com or Vivid Binaries GmbH will be governed solely and exclusively in all respect to the laws of the Federal Republic of Germany under the jurisdiction of a competent court located in Munich.

All disputes can only be brought forward individually and not as part of a class-action lawsuit.

Should there be any dispute or claim between Owwwn.com and you, its user, both parties will be inclined tp attempt to settle the matter between themselves by formal written correspondence before resorting to a court overseen resolution.

All the expenses of an eventual trial or legal procedure will be defined by the current laws in Germany. We will not ask for any expenses be paid unless the arbiter deems your claims to be flawed and frivolous.

Entire Agreement

Any additional agreements made by you and Vivid Binaries GmbH representatives will not void this agreement. It will be considered an addition to the agreement that is superseded by the terms of use agreement. Should any section of this agreement be invalid, void or unlawful, it will be deemed severable and the rest of the agreement will remain in use and full validity.

Agreement language

This agreement is originally written in English. You may request it to be translated for any court or legal purposes, however, in case of mistakes being made within the translation procedures, the English version supersedes the translated version.

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