Owwlish is currently considered beta software. BY USING OWWLISH, YOU EXPRESSLY AGREE TO THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ANY PROVISIONS CONTAINED HEREIN, YOU MUST IMMEDIATELY DISCONTINUE ANY USE OF THE BETA SOFTWARE. You acknowledge and agree that Owwlish offers beta software “as is” without warranty of any kind, express or implied, and subject to the terms contained this Agreement. Owwlish shall have no obligation to maintain, correct, update, change, modify, or otherwise support the beta software in beta testing. Owwlish may discontinue providing service to the beta software at any time. Owwlish makes no guarantee or commitment as to the success of the beta software.
Intellectual Property Rights
Unless otherwise stated, we and/or our affiliates or licensors own the intellectual property rights for all material on our website, apps, or widgets, including, but not limited to, any documentation related to or included with any of the Services, code, or trademarks and any works or products developed from them.
Unless otherwise specified in writing, all materials and content appearing on this site and otherwise used in Company’s business, including any text, page or site designs, names, trade names, trademarks, logos, graphics, icons, videos and images, as well as the selection, assembly and arrangement thereof, are the sole property of the Company, ALL RIGHTS RESERVED. You may use the content of this site only for the purpose of reading the information on this site, for your own education, for browsing and for no other purpose. No materials or content from this site or the Company may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without our prior written permission. All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and may result in criminal or civil penalties.
You acknowledge and agree that embedding or displaying our Widget automatically allows us to collect data (including through any data management platform (DMP), analytics tools or ad-server such as, Google Analytics, Google AdSense and DoubleClick and use this data in accordance with the Documentation. You must appropriately disclose this to end users. Please respect our user’s data and privacy settings.
We place cookies and similar technologies (collectively “Cookies”) on our website to enhance the user experience and help provide excellent service. You acknowledge that this also causes third party Cookies to be placed on the browsers and/or devices of users that visit websites that embed or display the widgets.
Refunds and Returns
Our rights in your feedback
If you provide any ideas, suggestions or recommendations to us, we may use and incorporate such feedback in our widgets, services and products, without payment of royalties or other consideration to you, provided we do not infringe any applicable law.
Severability and Interpretation
In case of a dispute between us and you relating to or arising out of this Agreement, the Parties shall first attempt to resolve the dispute personally and in good faith. If these personal resolution attempts fail, the Member and Licensor shall then submit the dispute to binding arbitration. The arbitration shall be conducted in the county and state noted in the GOVERNING LAW section of this Agreement. The arbitration shall be conducted by a single arbitrator, and such arbitrator shall have no authority to add any party, vary the provisions of this Agreement, award punitive damages, or certify a class. The arbitrator shall be bound by applicable and governing federal and state law of Texas. The Parties hereby agree to each pay their own costs and fees. Claims necessitating arbitration under this section include, but are not limited to: contract claims, tort claims, claims based on federal and state law, and claims based on local laws, ordinances, statutes or regulations. Intellectual Property claims by Licensor will not be subject to arbitration and may, as an exception to this subpart, be litigated. The Parties, in agreement with this subpart of this Agreement, waive any rights they may have to a jury trial in regard to arbitral claims.
Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the internal laws of Texas without giving effect to any choice or conflict of law provision or rule. Each party irrevocably submits to the exclusive jurisdiction and venue of the federal and state courts located in the county of Dallas, Texas.
All obligations of the Parties hereto contained in this agreement shall survive the expiration or termination of this agreement.
If the performance by us under this Agreement is prevented, hindered, or otherwise made impractical by reason of flood, strike, war, acts of government, or any other casualty or cause beyond the control of us, then We shall be excused from its performance to the extent and so long as it is prevented, hindered, or delayed by such event(s).
All notices, requests, consents, claims, demands, waivers, and other communications hereunder (each a “Notice”) shall be in writing and addressed to the you. All Notices from us to you relating to this Agreement will be sent to the email address you provided to us. Any Notices from you to us relating to this Agreement, must be sent to the following email address: info ‘at’ owwlish.com. A Notice is only effective if (i) the receiving party has received the Notice and (ii) the party giving the Notice has complied with the requirements of this section.