Introduction

Welcome to Owting’s Terms and Conditions of Use (these “Terms”). This is a contract between you and the Owting LLC (as defined further below) and we want you to know yours and our rights before you use the Owting website or application (“Owting” or the “App”). Please take a few moments to read these Terms before enjoying Owting, because once you access, view or use the App, you are going to be legally bound by these Terms. 

1. Data Privacy

We value your privacy and are committed to protecting your personal data. We collect and process your personal data in accordance with the California Consumer Privacy Act (CCPA) and our Privacy Policy. By using our service, you agree to our collection, use, and sharing of your personal data as described in our Privacy Policy.

2. Use of Owting & Eligibility

You represent and warrant that you are at least 18 years of age and have the right, authority, and capacity to enter into these Terms. You may not use Owting if you are under the age of 18.

Photosensitivity Disclaimer:

Owting may contain flashing lights or images that can trigger seizures or cause discomfort to individuals with photosensitive epilepsy. If you or someone you know experiences dizziness, altered vision, eye or muscle twitching, involuntary movements, or other symptoms, please discontinue use immediately and consult a medical professional.

By using Owting, you acknowledge that you are aware of the potential risks associated with photosensitivity and assume full responsibility for any adverse effects that may occur. The developers and publishers of Owting shall not be liable for any damages, losses, or injuries resulting from the use of Owting.

If you have any concerns or questions about photosensitivity or the content of this mobile app, please contact us at support@owting.com.

3. Registration and Account

In order to use Owting, you must create an account. When creating an account, you must provide accurate and complete information about yourself. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your device. You agree to accept responsibility for all activities that occur under your account.

4. User Content

Owting allows you to post content, including but not limited to text, photos, and videos (“User Content”). You retain all rights in and to your User Content, but you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, copy, modify, and display your User Content in connection with Owting.

You represent and warrant that your User Content does not infringe on the intellectual property rights of any third party. You further represent and warrant that your User Content does not contain any illegal or inappropriate material, including but not limited to material that is defamatory, obscene, or otherwise offensive.

5. Intellectual Property

The Service, including without limitation the App, and all content and materials made available through the Service, are the property of Owting or its licensors and are protected by copyright, trademark, and other intellectual property laws. You may not use, copy, reproduce, modify, distribute, transmit, or display the Service or any of its content or materials without our prior written consent.

6. Code of Conduct

You agree not to use Owting for any illegal or unauthorized purpose. You agree not to engage in any of the following prohibited activities:

  1. Posting User Content that is illegal, offensive, or inappropriate.
  2. Harassing, threatening, or bullying other users.
  3. Spamming other users with unsolicited messages.
  4. Impersonating another person or entity.

Engaging in any activity that violates the rights of others, including but not limited to intellectual property rights and privacy rights.

7. Disclaimer of Warranties

Owting is provided on an “as is” and “as available” basis. We make no representations or warranties of any kind, express or implied, as to the operation of Owting or the information, content, materials, or products included on Owting. You agree that your use of Owting is at your sole risk.

8. Limitation of Liability

In no event will we be liable for any indirect, incidental, consequential, or punitive damages arising from or in connection with your use of Owting.

9. Indemnification

You agree to indemnify, defend, and hold harmless Owting and its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, and expenses arising from or in connection with your use of Owting.

10. Termination

We may, in our sole discretion, at any time terminate or suspend all or a portion of Owting, or your use of all or a portion of Owting, with or without notice and with or without cause.

11. Governing Law

These Terms are governed by and construed in accordance with the laws of the state in which Owting is headquartered, without giving effect to any principles of conflicts of law.

12. Dispute Resolution

Any dispute arising out of or in connection with these Terms or Owting will be resolved through binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association.

13. Changes to Terms

We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms at any time. Your continued use of Owting following the posting of changes to these Terms will mean that you accept and agree to the changes.

14. Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and Owting with respect to your use of Owting.

If you have any questions, complaints or claims with respect to the App, please contact us at info@owting.com.

Effective date

The Terms were last updated on: 15th March, 2023.