OBSBOT User Service Agreement
Welcome to OBSBOT!
To provide better services for you, please read carefully and fully understand the terms of the OBSBOT User Service Agreement (this "Agreement"), especially the terms of exemption or limitation of liability. Unless you have carefully read, fully understood and accepted all the terms of this Agreement, you have no right to use the OBSBOT Services. By downloading, installation, use, login, visiting our site and/ or purchasing from us, and other operations, you have read and agreed to be bound by this agreement, including those additional terms and conditions and policies referenced herein and/or available by hyperlink.
1. Scope of Agreement
i. This Agreement is an agreement between you and OBSBOT and its affiliated companies (“our” or "us") regarding the use of our Services.
iii. The terms and conditions set forth in this Agreement concluded by you and us cannot fully enumerate and cover all rights and obligations of you and us, and the existing agreement cannot guarantee full compliance with the needs of future development. Therefore, the relevant statements, policies, rules and agreements issued by us are all supplementary agreements to this Agreement, which are inseparable from this Agreement and have the same legal effect. If you do not agree to the aforesaid supplementary Agreement, please do not continue to use our Services.
2. About Services
i. Content of Services
Our Services or this Service refer to all information, tools and services available from this site, and connecting and controlling our products through the OBSBOT WebCam Software, Obsbot Start Software (the “Software” or this “Software”), and other technologies and/or services provided by us (the “Other Technologies and Services”).
ii. Form of Services
This Service in the form of the software program or web page, and the specific information provided by us shall prevail. When you use this Service, you should choose the software version that matches your terminal, system, etc. Otherwise, you may not be able to use this Service normally. Any problems or damages caused by the mismatch between the software and the model of the terminal device shall be borne by you.
iii. Acquisition of Services
The only legal way to download and use our Platform Services ( https://www.obsbot.com/download) is the way officially announced on our Platform, any other channel, any way you obtain our Services is illegal, we do not recognize its validity, and once found, we have the right to immediately delete, cancel, clear, block, etc. Any adverse consequences resulting from this shall be borne by you.
iv. Services Update
We have the right to announce to you (including but not limited to pop-up pages, website announcements, site messages, etc.) about the modification, replacement and upgrade of any website content, software and firmware related to this Service. If you do not agree or accept the modification, replacement, or upgrade of the software, firmware and website information related to this Service, please directly refuse the relevant upgrade service and stop using our Services, otherwise you are deemed to agree and accept the modification, replacement, or upgrade of the software, firmware and website information, and such agreement and acceptance are still subject to this Agreement.
3. Grant of License
We grant you a limited, revocable, non-exclusive, non-transferable and non-sublicensable license to use the Software for your personal non-commercial use on your computer system or to store the Software on your home computer and other devices. The Software is licensed and not sold to you and may only be used in a manner consistent with the terms of this Agreement. For backup purposes only, you may make limited copies of the Software for your own use. You must include on each such backup copy all copyright and other intellectual property rights notices included in the Software as supplied by us. No other rights are granted.
4. Account Information Management
You acknowledge that you shall be a natural person, legal person or other organization with full capacity for civil conduct when you start to register, login and actually use our services. If you do not have the aforementioned qualifications, you and your guardian shall bear all the consequences caused by the in accordance with the laws and regulations. In particular, if you are a minor, please access and/or use our platform services with the consent and guidance of your guardian.
i. After you fill in the information as prompted on the registration page, read and agree to this Agreement and complete the entire registration process, you may obtain an account on our Platform and become a user of our Platform.
ii. You have the right to log in to our Platform using the user name, email address or cell phone number ("User Name") you set or confirm for our Platform and the password you set ("Account").
iii. You can modify and delete personal data and registration information on your account. However, it should be noted that deleting the relevant information will also delete the text and pictures stored in the system, and you must bear this risk.
iv. If the account you registered has not been actually used for a long time, we have the right to clean up and recycle the account and stop providing relevant services for it, so as to avoid waste of resources, and you will bear the adverse consequences caused by it.
Truthfulness and legality
i. When using our platform services, you should provide your information (including your name, contact number, contact address, etc.) accurately and completely according to the prompts on our page, so that we can contact you when necessary. You understand and agree that you are obliged to maintain the authenticity and validity of the information provided. If the registration information you provide is illegal, untrue, inaccurate, or incomplete, you shall bear the corresponding responsibilities and consequences arising therefrom, and we reserve the right to terminate your use of our platform services.
ii. User Name, avatar, profile and other information you set must not violate national laws and regulations, and must not contain illegal, infringing or harmful information. If we discover or a third party complains that you have used false information to defraud of account registration and login, or your avatar, name, etc. contain illegal, infringing or harmful information, we have the right to ask you take corrections within a time limit, suspend use, cancel account, take back account and other measures.
iii. In order to provide you with better services and ensure the safety of your Account, you agree and authorize us to initiate inquiries on the authenticity of the user's identity, the user's credit record, and the validity status of the user's cell phone number to reliable units such as national citizen identification number inquiry service centers, telecommunication operators, and financial service institutions based on the information you provide such as your cell phone number and ID card number.
i. Your account is set up by you and kept by you, and we will never ask you to provide your account password at any time. Therefore, it is recommended that you keep your account safe and ensure that you log out at the end of each online session and leave our platform in correct manner. We are not responsible for the losses and consequences caused by your voluntary disclosure, improper storage, or attacks, theft, fraud, etc. of your account. You should seek compensation from the infringer through judicial, administrative and other remedies.
ii. Your Account is for your personal use only and may not be lent or shared with others. When your account is used without authorization, you should immediately notify us, otherwise the unauthorized use is considered your own actions, and you will be responsible for all the resulting losses and consequences.
iii. Except for our fault, you shall be responsible for all behavior results under your account (including but not limited to signing various agreements online, publishing information, purchasing goods and services, and disclosing information, etc.).
iv. If you find any unauthorized use of your account to log in to our platform or other situations that may lead to theft or loss of your account, we recommend you notify us immediately. You understand that it takes reasonable time for us to act on any of your requests. Unless we are at fault, we do not accept any liability for consequences that have occurred prior to the action being taken.
5. Purchase of Products/Services
Online Store Terms
i. By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or country of residence, and you have given us your consent to allow any of your minor dependents to use this site.
ii. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
iii. You must not transmit any worms or viruses or any code of a destructive nature.
iv. A breach or violation of any of the Terms will result in an immediate termination of your Services.
Modifications to the Service and Prices
i. Prices for our products are subject to change without notice.
ii. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
iii. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
Products or Services (if applicable)
i. Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
ii. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
iii. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
iv. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
Accuracy of Billing and Account Information
i. We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, re-sellers or distributors.
ii. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. For more detail, please review our Warranty Policy.
User Comments, Feedback and Other Submissions
i. If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation: (1) to maintain any comments in confidence; (2) to pay compensation for any comments; (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
ii. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
6. Restrictions on Use
You shall not, directly or indirectly:
i. Use the Software beyond the scope of the license granted under Section 3.
ii. Modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Software or any part thereof.
iii. Combine the Software or any part thereof with, or incorporate the Software or any part thereof in, any other programs.
iv. Reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Software or any part thereof.
v. Remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices provided on or with the Software, including any copy thereof.
vi. Except as expressly set forth in Section 3, copy the Software in whole or in part.
vii. Rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Software, or any features or functionality of the Software, to any third party for any reason, whether or not over a network or on a hosted basis, including in connection with the internet or any web hosting, wide area network (WAN), virtual private network (VPN), virtualization, time-sharing, service bureau, software as a service, cloud, or other technology or service.
viii. Use the Software in, or in association with, the design, construction, maintenance, or operation of any hazardous environments or systems, including:
Use the Software in violation of any law, regulation, or rule;
Use the Software for purposes of competitive analysis of the Software, the development of a competing software product or service, or any other purpose that is to our commercial disadvantage;
Distribute or make the Software available over a network where it could be used by multiple devices at the same time.
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:
i. For any unlawful purpose.
ii. To solicit others to perform or participate in any unlawful acts.
iii. To violate any international, federal, provincial or state regulations, rules, laws, or local ordinances.
iv. To infringe upon or violate our intellectual property rights or the intellectual property rights of others.
v. To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability.
vi. To submit false or misleading information.
vii. To upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet.
viii. To collect or track the personal information of others.
ix. To spam, phish, pharm, pretext, spider, crawl, or scrape.
x. For any obscene or immoral purpose.
xi. To interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.
We reserve the right to terminate your use of the service or any related website for violating any of the prohibited uses.
We own and retain all rights, including copyrights and other intellectual property rights, related to the Service. The Service is licensed to you by us, and not sold to you in its entirety. We reserve all rights not expressly granted to you.
9. Third-Party Software /Websites/Tools
Third-Party Software /Websites
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
i. We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
ii. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
iii. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
iv. We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
We disclaim all warranties of any kind, including but not limited to the security and stability of the Services, and the risk of using this service shall be borne by you. To the maximum extent permitted by applicable law, we shall not be liable for any damages (including direct, compensatory, incidental, indirect, special, material or punitive damages) arising out of or in connection with this Services or terms of rules. Subject to the foregoing, we shall not be liable to you or any third party for:
i. Your use of, or inability to use, our Services for any reason.
ii. Any content provided by our Services, and its accuracy and completeness.
iii. Changes in the data collection, storage, and transmission through our Services.
iv. Errors, system failures, network or system outages, file corruption or interruptions in Services.
v. Our Services are interrupted due to equipment, network, technology, or other industrial disputes, wars, natural disasters, terrorism, explosions, and other force majeure events.
vi. You suffer various penalties and losses due to improper or illegal use of our Services.
vii. Monitor, collect and provide your personal information (including but not limited to all kinds of information generated or created by users during the use of our Services) in accordance with legal regulations or requirements of government departments.
You understand that we need to regularly or irregularly repair or maintain our platforms (such as Internet websites, Software, etc.) or related equipment that provide the Services. Interruption caused by the foregoing within a reasonable period of time, for which we shall not be liable, but we shall give as much prior notice as possible.
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
Any content you post, or any manipulation of hardware through our Services, does not represent or reflect any of our views or policies, and we will not be liable. Notwithstanding anything in these terms and conditions, our cumulative liability to you for all actions will at all times be limited to the fees (if any) paid to us by you for the use of our Services.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
Some jurisdictions do not allow the disclaimer, exclusion or limitation of certain warranties, liabilities and damages, so the above disclaimers, exclusions and limitations may not apply to you. In such jurisdictions, our liability will be limited to the maximum extent permitted by applicable law.
11. Limitation of Liability
To the extent not prohibited by applicable law:
i. In no event shall we be liable for any costs of procurement of substitute products, Software, or Services, lost profits, loss of information or data, or any other special, indirect, consequential, or incidental damages arising in any way out of the sale, license or use of, or inability to use our products, Software, or Services, however caused, regardless of the theory of liability (contract, tort or otherwise), even if we have been advised of the possibility of such damages.
ii. In no case will our total liability exceed the actual money paid for any of our products, Software, or Services, giving rise to the liability. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. The above limitations will not apply in case of personal injury where and to the extent that applicable law requires such liability.
12. Breach of Contract
i. You understand and agree that we have the right to punish violations of relevant laws and regulations or the provisions of this Agreement based on reasonable judgment, take appropriate legal actions against any users and organizations that violate laws and regulations, and save relevant information to relevant parties in accordance with laws and regulations. Department reports, etc., users and institutions shall bear all legal responsibilities arising therefrom.
ii. You understand and agree that you and the organization shall be solely responsible for any claim, demand or loss claimed by a third party due to your violation of this Agreement or the relevant terms of services; if we suffer losses as a result, you shall and institutions should also be compensated together.
iii. If we discover or receive reports from others that you and your organization have violated this Agreement, we have the right to delete, block or disconnect the relevant content at any time without notice, and take measures to punish the violating user and organization depending on the circumstances of the behavior. Imposing punishments including but not limited to warnings, restricting or prohibiting the use of some or all functions, and announcing the processing results.
13. Change to The Agreement
According to changes in national laws and regulations and the needs of changes in our Services, we have the right to modify this Agreement and supplementary Agreements. You will be notified by one or more methods such as email, SMS, and regular letter delivery. Once the changes are announced in any form, they will take effect and replace the previous relevant content. You should pay attention to changes in our announcements, reminders, and agreement-related content from time to time. If you do not agree to the changes that have taken effect, you should stop using our services from the effective date of the changes, and the changes will not be effective for you; if you continue to use our services after the changes take effect, it is deemed that you agree to the changes that have taken effect.
14. Term and Termination
i. This Agreement and the license granted hereunder shall remain in effect until terminated as provided in this Agreement (the "Term").
ii. In the event of any violation of the terms herein, this Agreement and your rights to use the Software shall automatically terminate without notice from us, and you must immediately cease use of the Software, delete and/or destroy all copies of the Software in your possession.
iii. Sections 6-15 will survive any termination of this Agreement.
15. Applicable of Law, Jurisdiction and Other
i. The establishment, entry into force, performance, interpretation and dispute resolution of this Agreement shall be governed by the laws of the mainland of the People's Republic of China (excluding conflict of laws).
ii. If there is any dispute or dispute between you and us, it should first be resolved through friendly negotiation. If the negotiation fails, you agree to submit the dispute or dispute to the People’s Court with jurisdiction in Nanshan District, Shenzhen for litigation resolution.
iii. The titles of all clauses in this Agreement are for convenience of reading only, and have no actual meaning in themselves, and cannot be used as the basis for interpretation of the meaning of this Agreement.
iv. No matter what part of the terms of this Agreement is invalid or unenforceable for any reason, the rest of the terms are still valid and binding on both parties.
v. If this Agreement has Chinese, English and other language versions, if the corresponding content is inconsistent, the content of the Chinese version shall prevail.