Sections

TERMS OF SERVICE AGREEMENT

The Effective Date of this Agreement is August 25th, 2024

Welcome to Ownage Prank’s hub, which is accessible via the Ownage Pranks App (the “App”) as well as through www.ownagepranks.com (the “Site”)

By using or visiting any content accessible through the App, the Site, other related applications or sites (collectively, the “Service”) you confirm you agree to be bound by this Agreement. Ownage Labs Inc. and any affiliated entities (hereby referred to as "Ownage Labs", "we", "us" and "our") provides the Service to you (the "user", "you", and "your", as applicable) only for your personal use and subject to your acceptance of and compliance with this Terms of Service Agreement (the “Agreement” and its “Terms”) and acknowledgement of our Privacy Policy below.

Please read the terms contained in this Agreement carefully before using this Site and our Services. Please note that these terms include, but are not limited to, a limit on and exclusion of damages and remedies available to you, and the selection of a choice of law and jurisdiction you may not live in to resolve any disputes arising out of this Agreement.

Your use of the Site and the associated Services confirms that you have read and understood this Agreement and you unconditionally accept this Agreement. If you do not accept these terms and conditions, do not use the Services.

By accepting of this Agreement, you warrant that you are an adult of the age of majority in your jurisdiction required to enter into an agreement or your parents or legal guardians have entered into this Agreement as individuals and are now bound by this Agreement. Ownage Labs may take steps to limit or fully restrict certain users depending on age. Some of those restrictions are described in this Agreement.

COMPLAINTS

You may be visiting this page because you have a complaint about how someone in our community is using the Service. We take those complaints seriously, so please send them through this form.

CHANGES TO THIS AGREEMENT

We reserve the right, in our sole discretion, to revise this Agreement at any time. Any changes to these terms will be included in a revised version of this Agreement accessible through the Site. Your use of the Site and any related services following the posting of any changes to this Agreement constitutes your unconditional acceptance and agreement to be bound by the changed terms. You must cease using the Site if you do not agree to be bound by the revised Agreement.

END USER LICENSE

Subject to your compliance with this Agreement, Ownage Labs grants you a limited nonexclusive, nontransferable, non-sublicensable license to download and install a copy of the App on a mobile device and to run such copy of the App solely for your own personal, noncommercial purposes. This license does not give you any title or ownership in the Service, or Ownage Labs’s scripts. This license should not be construed as a sale or transfer of any intellectual property rights to the App, Service or scripts. Ownage Labs reserves all rights in and to the Service and all of its related content not expressly granted to you under this Agreement.

The grant of this license is not, and shall not be construed as, a grant of any right to you to use, receive or view, copies of source code, schematics, master copies, design materials related to the App. Without limiting the foregoing, you shall have no rights to receive any source code for the App and shall not reverse engineer, disassemble or decompile, or otherwise attempt to derive source code for the App for any purpose.

NOTICES TO USERS:

RECORDING OTHERS USING THE APP MAY BE ILLEGAL IN YOUR STATE OR COUNTRY

This Service offers a feature enabling users to record others during a call. Depending on the state or country in which you are located or the person you are calling is located, you may violate a state’s or country’s law by listening in on or recording a telephone conversation without informing them. You may not—and represent and warrant you have/will not—use the recording capability of the Service unless you have determined that your use is legal each time you use the feature.

Before recording any call, you must check the laws of your state and the laws of any state in which a person you are calling is located in order to determine if you need the other party's permission to record a call. Even if your state only requires the permission of one party, you should be aware that it is possible to make calls to or receive calls from people located in states that require the permission of both parties to record a call. If you record such a call without the knowledge and permission of the other person, you may be subject to criminal prosecution in the other state.

You must also confirm that phone number you are calling is not on the national “Do Not Call” registry or any similar “do not call” list.

CERTAIN NUMBERS ARE FULLY RESTRICTED FROM CALLING

You are strictly prohibited from using the App to call emergency lines, health care facilities, government agencies, employees or officials, law enforcement, schools, numbers assigned to radio common carrier services, or any service for which the called party is charged for the call. Calling one of these entities shall result in immediate termination of your account, if found, and may possibly make you subject to criminal or civil prosecution.

YOU MAY CALL ONLY PEOPLE YOU KNOW PERSONALLY

You are strictly prohibited from using the App to call anyone you have not had a personal interaction with. Although the scripts are often cartoonish and often outlandish, some of the scripts may be scary or misleading to people who may not be expecting these calls or who cannot get a personal, friendly explanation about the nature of the call. We’ve therefore chosen to require you to call only to people who you know personally and by using the Services you represent and warrant that you will adhere to this restriction. Calling strangers can result in immediate termination of your account, if found, and would possibly make you subject to criminal or civil prosecution.

YOU GRANT PERMISSION FOR US TO CALL YOU AND FOLLOW UP WITH THE PEOPLE YOU CALL

By registering your number through the App, you grant us permission to call the phone number you provided at registration. You represent and warrant that any numbers you have called using the App meet the guidelines of this Agreement and assent to us calling or following up with any of those phone numbers you have called using the App.

We may choose to contact you to audit a call you have made or contact a person you have called to ensure that your use of the Services complies with this Agreement.

THIS APP CANNOT BE USED FOR AUTODIALING AND ROBOCALLS

We take telecommunications regulations very seriously and have call limits, manual dialing restrictions, and other limitations in place to prevent the Services being used as an auto-dialer or a robocalling platform. Any attempts to use the Services in an automated nature shall result in immediate termination of your account and may result in civil or criminal penalties.

THIS APP USES CELEBRITY AND ORGANIZATIONAL IMPERSONATORS

Certain scripts available through the Service are voiced by celebrity impersonators or may seem to impersonate real organizations. This Service is not affiliated with, maintained, authorized, endorsed or sponsored by any of the impersonated celebrities or any of their affiliates. You may not post or share Content suggesting that an impersonated celebrity or organization is, in fact, the real celebrity or organization.

OWNAGE LABS RESERVES THE RIGHT TO TAKE DOWN ANY USER-GENERATED CONTENT

We reserve the right, at any time and without prior notice, to remove or disable access to any Content (defined below) and/or data submitted by a user, that we consider, in our sole discretion, to be in violation of these Terms or harmful to the App’s community. This includes, but is not limited to, placing strikes on videos generated by the App hosted on social media sites such as YouTube, Facebook, Twitter, and Instagram.

Deleted Content and/or data may be stored by Ownage Labs in order to comply with certain legal obligations. Consequently, Ownage Labs encourages you to maintain your own backup of your Content. Ownage Labs will not be liable to you for any modification, suspension, or discontinuation of the Service, or the loss of any Content.

COMMUNITY GUIDELINES

We reserve the right to enforce rules to encourage a positive atmosphere in our community. The following rules of conduct apply to all Services:

You must be 18 years or older to use the Service or have parental consent.
You may not post pornographic materials. This includes nude, partially nude, or sexually suggestive photos.
You are responsible for any activity that occurs under your registered account.
You may not impersonate another person/company or represent yourself as affiliated with Ownage Labs or Ownage Labs’s staff.
You are responsible for keeping your password secure.
You must not abuse, harass, threaten, impersonate, or intimidate other Service users or use the Service to harass others.
You may not use URLs in your screen name or posts without prior written consent from Ownage Labs.
You may not use the Service for any illegal or unauthorized purpose. International users agree to comply with all local laws regarding online conduct and acceptable content.
You are responsible for any data, text, messages, ideas, concepts, pitches, suggestions, stories, screenplays, treatments, formats, artwork, photographs, drawings, videos, audiovisual works, musical compositions (including lyrics), sound recordings, characterizations, your and/or other persons' names, likenesses, voices, usernames, profiles, actions, appearances, performances and/or other biographical information or material, and/or other similar materials that you submit, post, display, or create on or with the Service ("Content").
Ownage Labs does not control, is not responsible for and makes no representations or warranties with respect to any Content.
You may not register for an account on the Service or use the Service if you are 13 years old or younger. In compliance with COPPA, if you find someone 13 years old or younger using the Service without parental consent, please contact us.

This list is an example and is not intended to be complete or exclusive. We don't have an obligation to monitor your access to or use of the Service or to review or edit any information posted to the Service by users. However, we have the right to do so for the purpose of operating the Service, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.

The Content available through the Service has not been reviewed, verified or authenticated by us, and may include inaccuracies or false information. We make no representations, warranties, or guarantees in connection with our Service or any Content on the Service, relating to its quality, suitability, truth, accuracy or completeness.

GENERAL TERMS

You may not access or try to access non-public areas of the Service, our computer systems, or the technical delivery systems employed by our Service.
You may not use any robot, spider, site search/retrieval application or other automated device, process or means to access, retrieve, crawl, scrape, or otherwise index any portion of the site or any content from the Service including but not limited to posted items, user profiles, names, addresses, email addresses, and photos.
You may not create or submit unwanted email, messages, or comments to any Ownage Labs users ("Spam").
You may not gather and use information, such as users’ name, real names or email addresses which are made available through the Service for any purpose outside of these Terms, including but not limited to Spam or any other form of unwanted solicitation.
You may not transmit any worms or viruses or any code of a destructive nature.
You may not use the Service to violate any laws in your jurisdiction (including but not limited to copyright laws).
Violation of this Agreement can result in the termination of your account on the Service.
While we prohibit certain conduct and Content on its site, you understand and agree that we cannot be responsible for the Content posted on its Services so you nonetheless may be exposed to such materials and that you use the Service at your own risk.
The Service may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products, or services on or available from those websites, or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party websites or resources.
The Service may allow you to import contact information from a contact list or other data source created by other another program not affiliated with Ownage Labs. If you choose to import data into Ownage Labs from any other source, you represent that you have the authority to import that data and that your importation of that data does not violate the rights or terms of any third-parties.

GENERAL CONDITIONS

We reserve the right to refuse Service to anyone for any reason at any time.
We reserve the right to force forfeiture of any username that becomes inactive, violates this Agreement, defames, or may mislead other users.
We may, but have no obligation to, remove Content and accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, defamatory, obscene or otherwise objectionable or violates any party's intellectual property or this Agreement.
We reserve the right to reclaim usernames on behalf of businesses or individuals that hold legal claim or trademark on those usernames.

Additional Terms for App Store Apps

If you accessed or downloaded the App from the Apple Store, then you agree to use the App only: (a) on an Apple-branded product or device that runs iOS (Apple’s proprietary operating system software); and (b) as permitted by the “Usage Rules” set forth in the Apple Store Terms of Service.

If you accessed or downloaded the Service from any app store or distribution platform (like the Apple Store, Google Play, or Amazon Appstore) (each, an “App Provider”), then you acknowledge and agree that:

This Agreement’s Terms are concluded between you and Ownage Labs, and not with App Provider, and that, as between us and the App Provider, Ownage Labs is solely responsible for the Service.
App Provider has no obligation to furnish any maintenance and support services with respect to the Service.
In the event of any failure of the Service to conform to any applicable warranty, you may notify App Provider, and App Provider will refund the purchase price for the Service to you (if applicable) and, to the maximum extent permitted by applicable law, App Provider will have no other warranty obligation whatsoever with respect to the Service. Any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure of an app to conform to any warranty will be the sole responsibility of Ownage Labs.
App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the Service or your possession and use of the Service, including but not limited to: (i) product liability claims; (ii) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
In the event of any third-party claim that the Service or your possession and use of the Service infringes that third party’s intellectual property rights, Ownage Labs will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim to the extent required by these Terms.
App Provider and its subsidiaries are third-party beneficiaries of these Terms as related to your license of the Service, and that, upon your acceptance of the terms and conditions of these Terms, App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the Service against you as a third-party beneficiary thereof.
You must also comply with all applicable third-party terms of service when using the Service
You agree to comply with all U.S. and foreign export laws and regulations to ensure that neither the Service nor any technical data related thereto nor any direct product thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. By using the Service, you represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

INTELLECTUAL PROPERTY RIGHTS

By posting, uploading, embedding, displaying, communicating, or otherwise distributing ("Posting") any Content on or through the Service, you hereby grant to Ownage Labs a non-exclusive, perpetual, irrevocable, fully paid and royalty-free, worldwide, sub-licensable and transferable license to all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual and industrial property rights (“Rights”).

This grant allows Ownage Labs to use, modify, publicly perform, publicly display, reproduce, distribute, monetize, and generally exploit such Content, including without limitation distributing part or all of the Content in any media formats, for any purpose, in perpetuity, through any distribution channels, known or unknown.

You agree that you shall promptly execute and shall cause anyone acting on your behalf promptly to execute, any and all documents that may be necessary to perfect Ownage Labs's rights in and to work or Intellectual Property if it has not already been perfected by this Agreement.
You may not copy, modify, reproduce, retransmit, reverse engineer Ownage Labs Intellectual Property in any fashion or for any purpose other than set forth in this Agreement without the express written permission of the Ownage Labs.
Some of the Service are supported by advertising revenue and may display advertisements and promotions, and you hereby agree that Ownage Labs may place such advertising and promotions on the Service or on, about, or in conjunction with your Content. The manner, mode, and extent of such advertising and promotions are subject to change without specific notice to you.
You represent and warrant that: (i) you own the Content posted by you on or through the Service or otherwise have the right to grant the license set forth in this section, (ii) the posting and use of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person, and (iii) the posting of your Content on the Service does not result in a breach of contract between you and a third party.
You agree to pay for all royalties, fees, and any other monies owed to any person by reason of Content you post on or through the Service, whether or not you have authorized such use on your account. If you believe your account, username, or password are being used in an unauthorized manner, you agree to contact Ownage Labs so that appropriate action can be taken to modify your account. Please note that account information will be sent to the email address you provided to Ownage Labs upon signing up for the Service and therefore you should use a secure email address. Ownage Labs is not responsible for the actions of any person that accesses that email account. You are responsible for any and all charges to your account and Ownage Labs cannot be held responsible for fraudulent charges that result from theft or fraudulent use of your credit card, password, or other security measure.
The Service contains copyrighted material, trademarks and other proprietary information that may include, but is not limited to text, software, photos, video, graphics, music and sound, and the entire contents of the Service are copyrighted as a collective work under the United States copyright laws. You acknowledge that Ownage Labs owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it.
Ownage Labs hereby grants you a limited, revocable, non-sublicensable license to reproduce and display the Ownage Labs Content (excluding any software code) solely for your personal use in connection with viewing postings and using the Service.
User acknowledges that it does not acquire any ownership rights by accessing or otherwise using copyrighted material. Except as provided within this Agreement, you may not copy, modify, create derivative works, publicly display, publicly perform, or digitally transmit any part of the Service.
To the extent any "moral rights," "ancillary rights," or similar rights ("Moral Rights") in or to the Postings exist and are not exclusively licensed by us and to the extent you are able to do so under applicable law, you agree not to enforce any such rights as to us or our licensees, distributors, agents, representatives and other authorized users, and you shall procure the same agreement not to enforce from any others who may possess such rights.
Without limiting the scope of the license or any future grant of rights, consents, agreements, assignments, and waivers you may make with respect to Postings, and to the extent allowed by applicable law, you hereby ratify any prior grant of rights, consents, agreements, assignments and waivers made by you with respect to Postings submitted by you to us.
By Posting to the Service, you waive any right to send a copyright-related or terms of service-related account “strike” on any of Ownage Labs’ third-party accounts based on the Content you Posted, or any work derived from that Content.
You acknowledge and agree that any feedback, comments or suggestions you may provide regarding the Service ("Feedback") is given entirely voluntarily and, even if designated as confidential, will not create any confidentiality obligation for us and we will be free to use, disclose, reproduce, license, distribute, and otherwise exploit such Feedback as we see fit, entirely without obligation or restriction of any kind on account of intellectual property rights or otherwise.

NOTICE AND TAKEDOWN PROCEDURE FOR COPYRIGHT COMPLAINTS

It is our policy to expeditiously respond to clear notices of alleged copyright infringement that comply with the United States Digital Millennium Copyright Act (DMCA). This page describes the information that should be present in these notices. It is designed to make submitting notices of alleged infringement to Ownage Labs as straightforward as possible while reducing the number of notices that we receive that are fraudulent or difficult to understand or verify. The form of notice specified below is consistent with the form suggested by the DMCA (the text of which can be found at the U.S. Copyright Office Web Site, http://www.copyright.gov), but we will respond to notices of this form from other jurisdictions as well.

It is expected that all users of any part of Ownage Labs will comply with applicable copyright laws. However, if Ownage Labs receives proper notification of claimed copyright infringement, our response to these notices will include removing or disabling access to material claimed to be the subject of infringing activity and/or terminating subscribers, regardless of whether we may be liable for such infringement under United States law or the laws of another jurisdiction.

If we remove or disable access in response to such a notice, we will make a good-faith attempt to contact the owner or administrator of the affected site or content so that they may make a counter notification pursuant to Sections 512(g)(2) and (3) of the DMCA. We may also document notices of alleged infringement on which we act.

Designated Agent

Ownage Labs’s Designated Agent to receive notification of alleged infringement under the DMCA can be contacted via this form. Upon receipt of proper notification of claimed infringement, Ownage Labs will follow the procedures outlined herein and in the DMCA.

Infringement Notification

If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Ownage Labs's Agent (listed above) the following information in a written communication:

Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Ownage Labs to locate the material;
Information reasonably sufficient to permit Ownage Labs to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted;
The following statement: "I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law";
The following statement: "I swear, under penalty of perjury, that the information in the notification is accurate, and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed"; and
A physical or electronic signature of the owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that material is infringing your copyrights.

Counter Notification

A provider of content subject to a claim of infringement may make a counter notification pursuant to sections 512(g)(2) and (3) of the DMCA. To file a counter notification with us, please provide Ownage Labs's Agent (listed above) the following information in a written communication (preferably via email):

Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
Your name, address, and telephone number;
The following statement: "I consent to the jurisdiction of Federal District Court for the [insert the federal judicial district in which your address is located]";
The following statement: "I will accept service of process from [insert the name of the person who submitted the infringement notification] or his/her agent";
The following statement: "I swear, under penalty of perjury, that I have a good faith belief that the affected material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled"; and
Your signature, in physical or electronic form.

Upon receipt of such counter notification, Ownage Labs will promptly provide the person who provided the original infringement notification with a copy of the counter notification and inform that person that Ownage Labs will replace the removed material or cease disabling access to it in 10 business days. Ownage Labs will replace the removed material and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the counter notice, unless our Designated Agent first receives notice from the person who submitted the original infringement notification that such person has filed an action seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on our system or network.

Repeat Infringers

In accordance with Section 512(i)(1)(a) of the DMCA, Ownage Labs will, in appropriate circumstances, disable and/or terminate the accounts of users who are repeat infringers.

Accommodation of Standard Technical Measures

It is Ownage Labs's policy to accommodate and not interfere with standard technical measures used by copyright owners to identify or protect copyrighted works that Ownage Labs determines are reasonable under the circumstances.

VIRTUAL MONEY AND GOODS

The Service may permit the purchase of virtual currency, such as credits, points, and gems (“Virtual Money”), and use of that Virtual Money to purchase virtual object or services (“Virtual Goods”). Virtual Money and Virtual Goods are collectively referred to as “Virtual Items.”

License to Virtual Items

Your purchase of Virtual Money grants you only a limited, nontransferable, non-sublicensable, revocable license to use such Virtual Money to access and purchase Virtual Goods in conjunction with your personal, noncommercial use of the Service.

No Ownership

You acknowledge that you do not acquire any ownership rights in or to the Virtual Items. Any balance of Virtual Items does not reflect any stored value. You agree that Virtual Items have no monetary value and do not constitute actual currency or property of any type. Virtual Money may be redeemed only for Virtual Goods and can never be sold, transferred, or exchanged for “real” money, “real” goods, or “real” services from us or anyone else.

Only Obtain Virtual Items Through Official Channels

You agree that you will only obtain Virtual Items from us and through means provided by us, and not from any third-party platform, exchange, broker, or other mechanism, unless expressly authorized. Once you acquire a license to Virtual Items, you may not trade or transfer the Virtual Items to another individual or account, unless such functionality is provided to you by us by way of a feature or service, whether inside the Service or through some other method (e.g., a third-party website we authorize). We may cancel any Virtual Item sold, transferred, or exchanged in violation of this Agreement. Any such sale, transfer, or exchange (or attempt to do so) is prohibited and may result in the termination of your account.

Redemption and Pricing of Virtual Items

During the term of your license to your Virtual Money, you have the option to redeem your Virtual Money for selected Virtual Goods. Pricing and availability of Virtual Items are subject to change without notice. We reserve the right at any time to change and update our pricing and inventory of Virtual Items. All Virtual Items are provided “as is,” without any warranty. You agree that all sales by us to you of Virtual Items are final and that we will not permit exchanges or refunds for any unused Items once the transaction has been made.

Purchases by End Users Outside the U.S.

Virtual Items may only be purchased and held by legal residents of countries where access to and use of the Service are permitted. If you live in the European Union, you have certain rights to withdraw from online purchases. However, please note that once you download Virtual Money from us, your right of withdrawal ends. You agree that (a) purchase of Virtual Money involves immediate download of such Content; and (b) you lose your right of withdrawal once your purchase is complete. If you live in the European Union, you will need to ensure your compliance with VAT when required to do so by law. You agree that these invoices may be electronic in format. We reserve the right to control, regulate, change, or remove any Virtual Money or Virtual Goods without any liability to you.

Suspension or Cancellation

We may cancel, suspend, or terminate your account and your access to your Virtual Items, in our sole discretion and without prior notice, in situations including, but not limited to, if (a) your account is inactive (i.e., not used or logged into); (b) you fail to comply with this Agreement; (c ) we suspect fraud or misuse by you of Virtual Items; (d) we suspect any other unlawful activity associated with your account; or (e) we are acting to protect the Service, our systems, any of our users, or our reputation. We have no obligation or responsibility to, and will not reimburse or refund, you for any Virtual Items lost due to such cancellation, suspension, or termination. You acknowledge that Ownage Labs is not required to provide a refund for any reason, and that you will not receive money or other compensation for unused Virtual Items when your account is closed, whether such closure was voluntary or involuntary. In the case Ownage Labs cancels your account, Ownage Labs will not be required to provide you with prior notice or explanation in respect of such action. Notwithstanding the cancellation of access to your account in any case, you agree you will remain fully liable for any outstanding liability owed to Ownage Labs. Ownage Labs may, where it believes such action is necessary, without notice block IP addresses of any users who Ownage Labs believes have breached that Agreement.

Modifications

We have the right to offer, modify, eliminate, and/or terminate Virtual Items, or any portion thereof, at any time, without notice or liability to you. If we discontinue the use of Virtual Items entirely, then we will provide notice to you by posting a notice on the Service or through other communications.

Notice to Parents

The Services are not intended for use by children under age 13 or persons who have not reached the age of majority under the laws of the applicable jurisdiction. Some on-Site content, functionality and actions are available only by purchasing of Virtual Items. If you are a parent, legal guardian and other adult responsible for children in your care, you are fully responsible for any use of your credit card or other payment instrument by the children in your care. Parents and other adults who provide our Software to their children, children in their care or other adults should take precautions to prevent unintended purchases of Virtual Items. Aside from any refund obligations we may be required to honor from the platform the Software is distributed through, we accept ABSOLUTELY NO RETURNS on any Virtual Items purchases including those made by children in your care.

Taxes on Virtual Items

When you purchase a license to use our Virtual Items, you agree to pay taxes that we or our distribution platform assesses on your purchase. Depending on the jurisdiction, the price may or may not include any applicable VAT.

Incorrect Pricing on Virtual Items

If the price or specification published is materially incorrect when you place an order for the Virtual Items those incorrect prices may be honored at our sole discretion.

Billing Disputes

You must notify Ownage Labs of any disputed charges within thirty (30) days of the charge being posted to your account through this form. Ownage Labs will attempt to resolve all disputes within 30 days of being notified of a dispute. To the extent Ownage Labs determines, at its sole discretion, that a billing adjustment is warranted, your account will be credited accordingly. If you fail to notify Ownage Labs of a billing dispute as noted above, you will waive all rights to bring any claim regarding the disputed charges.

INDEMNIFICATION

You agree to indemnify, defend, and hold Ownage Labs harmless from and against any and all costs, damages, liabilities, and expenses (including but not limited to attorneys' fees, fees incurred in settling disputes, and fees incurred enforcing this indemnification provision) we incur in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party created by your use or, misuse of, or access to the Service including, but not limited to, (i) your violation of this Agreement; (ii) your Content; (iii) your interaction with other Users; (iv) your interaction with the recipients of calls using the Services; (v) any and all actions, foreseeable or otherwise, whenever taken, by the recipient of the call or by anyone associated with the recipient of a call, whether the direct or indirect result of any communication made during the call; (vi) violations of the TCPA or any other telecommunications-related laws; (vii) any violation of a state’s [ https://www.justice.gov/archives/jm/criminal-resource-manual-1050-scope-18-usc-2511-prohibitions ] or country’s law by listening in on or recording a telephone conversation without informing them. If a third party asserts any claim against Ownage Labs that is subject to indemnification hereunder, you agree to cooperate fully with Ownage Labs in providing documents, witnesses all other information requested by Ownage Labs and/or its attorneys in the defense of the claim. Ownage Labs shall have the right to retain counsel of its choosing to represent it, including in-house counsel. If Ownage Labs is forced to take any action to defend against any claim or otherwise to enforce its indemnity rights under this Agreement, you shall be responsible to pay and/or to reimburse Ownage Labs for all attorneys’ fees and costs incurred -- including the reasonable value of any in house attorneys’ time -- in their full amount when as those attorneys’ fees and costs become due and owing.

ASSUMPTION OF RISK

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOU ARE ASSUMING ALL RISKS AND LIABILITY ASSOCIATED WITH THE USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION ALL RISKS ASSOCIATED DIRECTLY OR INDIRECTLY, WITH THE ANY AND ALL ACTIONS, FORESEEABLE OR OTHERWISE, WHENEVER TAKEN, BY THE RECIPIENT OF THE CALL OR BY ANYONE ASSOCIATED WITH THE RECIPIENT OF A CALL, WHETHER THE DIRECT OR INDIRECT RESULT OF ANY COMMUNICATION MADE DURING THE CALL.

TERMINATION

Ownage Labs may terminate, change, suspend, or discontinue the Service (including without limitation, the availability of any feature, database, or content) or your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your use of the Service and related Content.

NO WARRANTIES

You understand and agree that the Service are provided to you "AS IS" and on an "AS AVAILABLE" basis. Without limiting the foregoing, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Service will meet your requirements or be available on an uninterrupted, secure, or error-free basis.

LIMITATION OF LIABILITY

OUR TOTAL LIABILITY TO YOU FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY WILL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICE OR IN THE ALTERNATIVE, IF NO AMOUNT WAS PAID FOR THE SERVICE, OUR TOTAL LIABILITY SHALL NOT EXCEED $100. WE WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE OR ANY CONDUCT OR CONTENT OF OWNAGE LABS OR OF ANY THIRD PARTY ON THE SERVICE. CLAIMS UNDER THIS AGREEMENT MUST BE MADE WITHIN ONE YEAR OF THE DATE ON WHICH YOU FIRST BECAME AWARE, OR REASONABLY SHOULD HAVE BECOME AWARE, OF THE FACTS GIVING RISE TO SUCH CLAIM.. YOU AGREE THAT THIS ONE-YEAR LIMITATIONS PERIOD IS REASONABLE AND THAT IF YOU FAIL TO PROVIDE NOTICE OF INTENT TO INITIATE AN INFORMAL DISPUTE RESOLUTION CONFERENCE WITHIN SUCH TIME IN ACCORDANCE WITH THIS AGREEMENT, YOUR CLAIM WILL BE FOREVER BARRED AND MAY NOT BE PURSUED AGAINST OWNAGE LABS.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, THE EXCLUSIONS AND LIMITATIONS OF LIABILITY CONTAINED IN THIS SECTION SHALL NOT APPLY TO: (I) YOUR VIOLATION OF THE TCPA OR ANY PRIVACY, COMMUNICATION OR CONSUMER-PROTECTION RELATED LAW OR REGULATION; (II); YOUR VIOLATION OF A STATE’S OR COUNTRY’S LAW BY LISTENING IN ON OR RECORDING A TELEPHONE CONVERSATION WITHOUT INFORMING THEM; (III) THE PARTIES INDEMNIFICATION OBLIGATIONS UNDER THIS AGREEMENT; (IV) NEGLIGENT, WILLFUL OR INTENTIONAL ACTS OF A PARTY (IV) LOSSES SUFFERED BY A PARTY ARISING OUT OF ACTS OR OMISSIONS OF THE OTHER PARTY THAT ARE COMMITTED OR OMITTED BY THE OTHER PARTY INTENTIONALLY NOTWITHSTANDING THAT THE OTHER PARTY KNOWS OR OUGHT TO HAVE KNOWN THAT SUCH ACTS OR OMISSIONS WOULD SPECIFICALLY RESULT IN DAMAGES.

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you. In these cases, Ownage Labs’s liability will be limited to the fullest extent permitted by applicable law.

DISPUTE RESOLUTION

For any dispute you have with Ownage Labs, you agree to first attempt to resolve the dispute with us informally by contacting us through this form. At the commencement of the dispute resolution process, the parties shall exchange written statements of position and shall provide documents that they believe support their position. The informal dispute resolution process shall be pursued for a period not less than sixty (60) days. In the unlikely event that Ownage Labs is not able to resolve a dispute after attempting to do so informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms, or breach or alleged breach thereof (collectively, “Claims”) through binding arbitration.

Unless you and Ownage Labs agreed otherwise, arbitration will be conducted in Arlington, VA by the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules (“AAA Rules”) and you waive all objections, including without limitation all objections based on convenience and/or cost, to such location. Subject to AAA Rules available at https://www.adr.org/Rules, each party will be responsible for its own expenses and costs of arbitration, including payment of any filing, administrative and arbitrator fees. All arbitrations shall proceed on an individual basis. For avoidance of doubt, if there are one or more disputed items that remain unresolved at the end of the arbitration, the arbitrator will render a final and binding decision on those unresolved items. The arbitrator's decisions shall be enforceable in any court of competent jurisdiction. Nothing in this section shall prevent either party from seeking injunctive or equitable relief from the courts for matters related to intellectual property rights or unauthorized access to or use of the Service.

TO THE EXTENT PERMITTED BY LAW, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS BOTH PARTIES AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PARTY’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND OWNAGE LABS ARE EACH WAIVING THE RIGHT TO SUE IN COURT AND RECEIVE A JUDGE OR JURY TRIAL, INCLUDING ANY PARTICIPATION IN A CLASS ACTION OR IN ANY OTHER PROCEEDING IN WHICH THERE IS MORE THAN ONE CLAIMANT. YOU AND OWNAGE LABS ARE INSTEAD ELECTING TO HAVE CLAIMS AND DISPUTES RESOLVED BY ARBITRATION, EXCEPT AS SPECIFIED THIS AGREEMENT.

SUBMISSIONS

Often Ownage Labs will accept solicited and unsolicited ideas, concepts, submissions, and Content through the Site. By submitting any material, at any time, finished or unfinished for Ownage Labs's review, you acknowledge and agree as follows:

You warrant that you are the sole owner and author of the submitted work and that you have the exclusive, unconditional right & authority to provide it to Ownage Labs to review and utilize. You warrant that the consent of no other person or entity is required to enable Ownage Labs to use the submission.

You agree that any part of the material provided by you to Ownage Labs that is not novel or original and not legally protected may be used by Ownage Labs without any liability.

Ownage Labs shall not be under any obligation to you with respect to the submitted material except as may later be set forth in an executed, written agreement between you and Ownage Labs.

For the good and valuable consideration of reviewing the submission and potential of working with Ownage Labs, upon submission you hereby assign all rights, title and interest in the intellectual property (including but not limited to copyright and trademarks) in the materials provided to Ownage Labs and shall execute any documents to perfect those rights if necessary.

You acknowledge that Ownage Labs has already had access to and/or may independently create or have created ideas, themes, formats and/or other materials which may be similar or identical to the theme, plot, idea, format or other element of the material being provided by you and you agree that you will not be entitled to any compensation for use of such similar or identical material.

In addition to, and without limiting the scope or effect of any other right of indemnification set forth herein, you agree to indemnify Ownage Labs from and against any and all claims, expenses, losses, or liabilities (including, without limitation, reasonable attorneys' fees and punitive damages) that may be asserted against Ownage Labs in connection with material provided by you to Ownage Labs or provided to you by Ownage Labs. You agree to hold and maintain information provided to you in strictest confidence for the sole and exclusive benefit of Ownage Labs. You agree to restrict third-party access to information provided to you to only those under obligations equal to or stricter than the requirements in this agreement.

You understand that in accepting solicited and unsolicited ideas, concepts, submissions, and Content through the Service, Ownage Labs is relying on your acceptance of every provision of this Agreement and that it would refuse to evaluate the provided material or provide material to you in the absence of your acceptance of every provision of this Agreement.

Acknowledgement of Our Privacy Policy

You expressly consent to the use and disclosure of personally identifiable and other data and information as described in our Privacy Policy. Notwithstanding anything in the Privacy Policy, Ownage Labs shall have the right to collect, extract, compile, synthesize, and analyze non-personally identifiable data or information (data or information that does not identify an entity or natural person as the source) resulting from Your access to and use of the Services. To the extent any such data or information is collected or generated by Ownage Labs, the data and information will be solely owned by Ownage Labs and may be used by Ownage Labs for any lawful business purpose without a duty of accounting to You, provided that the data and information are used only in an aggregated form, without directly identifying You or any other entity or natural person as the source.

Personal Data

If You are providing data to us that is not personal to You, You agree that You have either provided the owner of such personal data notice or received permission from the owner of such personal data, as required by applicable law, for us to: (a) use or disclose the data in accordance with our Privacy Policy, (b) move the data outside of the country of residence of such owner of the personal data, if applicable, (c) provide the data to third parties, and (d) otherwise use and disclose the data in accordance with this Agreement. You acknowledge and agree that Ownage Labs may provide data in Your Account to any users of Your Account to which that data is applicable or personal to.

Public Content

You may have the opportunity to share Your data, content, or ways in which You aggregate data (“Account Content”) with other users, other Ownage Labs customers, and other third parties. When sharing any Account Content, You agree not to share any confidential information. If You have the option of accessing another user's Account content, You understand and agree that the Account Content is being provided by the user, and not Ownage Labs, for information and guidance purposes only, and Ownage Labs and such user are not responsible in any way for Your use of the Account Content.

Ownage Labs May Monitor Your Content

Ownage Labs may, but has no obligation to, monitor content on the Services. We may disclose any information necessary to satisfy our legal obligations, protect Ownage Labs or its customers, or operate the Services properly. Ownage Labs, in its sole discretion, may refuse to post, remove, or refuse to remove, any content, in whole or in part, alleged to be unacceptable, undesirable, inappropriate, or in violation of this Agreement.

We May Tell You About Other Ownage Labs Services

You may be offered other services, products, or promotions by Ownage Labs (“Promotions”). Additional terms and conditions and fees may apply. With some Ownage Labs Services, You may upload or enter data from Your account(s) such as names, addresses and phone numbers, purchases, etc., to the Internet. You grant Ownage Labs permission to use information about Your business and experience to help us to provide the Promotions to You and to enhance the Services. You grant Ownage Labs permission to combine Your business data, if any, with that of others in a way that does not identify You or any individual personally. You also grant Ownage Labs permission to share or publish summary results relating to research data and to distribute or license such data to third parties.

Communications Required by Law

Ownage Labs may be required by law to send You communications about the Services or third-party products. You agree that Ownage Labs may send these communications to You via email or by posting them on our Services.

Telephone Numbers

You may provide us with Your telephone number as part of Your customer record or registration or via other methods. You understand and agree that Ownage Labs may use Your telephone number for "multi-factor authentication" ("MFA"), to confirm Your identity and help protect the security of Your account. Part of the MFA identity verification process may involve Ownage Labs sending text messages containing security codes to Your telephone number. You agree to receive these texts from Ownage Labs containing security codes as part of the MFA process. In addition, You agree that Ownage Labs may send automated text messages and pre-recorded voice messages to the telephone number You provide for other purposes, including, but not limited to: providing You with important critical notices regarding Your use of the Services, or fulfilling a request made by You through the Services, promoting new Services, or even prank calling You! To the furthest extent of the law, you waive any rights you may have against Ownage Labs under the TCPA or related laws.

GOVERNING LAW

These Terms are governed by the laws of the Commonwealth of Virginia, without regard to any conflict of laws rules or principles.

NO WAIVER

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

SEVERABILITY

If any provision of this Agreement is held to be illegal, invalid or unenforceable in any respect, this shall not affect the other provisions of this Agreement, and this Agreement shall be construed as if such illegal, invalid or unenforceable provision had never been contained herein. Moreover, if any provision contained in this Agreement shall for any reason be held to be excessively broad as to duration, geographical scope, activity or subject, it shall be construed by limiting and reducing it, so as to be enforceable to the extent compatible with the applicable law as it shall then appear.

ENTIRE AGREEMENT

This Agreement constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have between us regarding the Service.

QUESTIONS OR COMPLAINTS

You may be visiting this page because you have a complaint about how someone in our community is using the Service. We take those complaints seriously, so please send them through this form.

PRIVACY POLICY

Effective Date: This Privacy Policy is effective as of and was last updated on July 10th, 2024.

Ownage Labs Inc, its affiliates as well as third parties associated with Ownage Labs Inc, including but not limited to Ownage Labs ("Ownage Labs", "we", "us" and "our") know that you value your privacy. Your privacy is important to us, too. This is why we’ve developed this Privacy Policy (“Policy”) that covers how we collect, use, disclose, transfer, and store your information through https://www.ownagepranks.com (our “Website”), our Ownage Pranks mobile application (“App”), and any associated software or platforms (collectively with the Website and App, the “Services”). This Policy informs users and visitors of our Services (collectively, “you”, “your” or “User(s)” so please take a moment to familiarize yourself with our privacy practices and let us know if you have any questions.

Each time you use the Service, the current version of this policy will apply. Policy changes will be reflected on this page. Since Users are required to accept all changes to this policy in our Terms of Service, we encourage you to regularly check the date of this policy and review any changes made since the last time you used the site. This Policy is effective on the Effective Date shown at the beginning of this page and supersedes any prior version or any other privacy policy in connection with or relating to the Services.

THE TYPES, USES, AND REASONING FOR COLLECTING, STORING, OR OTHERWISE PROCESSING PERSONAL INFORMATION

We collect several types of information from you and about users of our Services, such as personal information when you sign up for or order our Services. Personal information means information that identifies (whether directly or indirectly) a particular individual, such as the individual’s name, postal address, email address, and telephone number. When anonymous information is directly or indirectly associated with personal information, the resulting information also is treated as personal information (“Personal Information”). In relation to the use of our Services, we collect Personal Information from an individual who submits a prank request (“Requestor”) as well as basic contact information about the individual(s) recipients of the prank (“Prank Recipient”) as further described below.

Other types of information we collect is information related to how you use our websites and applications, which helps us improve our Services.

What Types of Personal Information	How/ When Personal Information is Collected	Why (Purpose) for Collection of Personal Data
Your or Requestor’s Contact Information (e.g., full name, birthdate, email address, and/or phone number)	When you create an account on our Website or App. When you sign up to receive our newsletter. surveys and sign up for Our contests. When you submit a prank request.	To provide you with our Services. To send You information about our Services; and/or information which You have requested (such as our newsletter) in accordance with Your specified preferences To customize your experience while using the Services. For internal analytics purposes, to analyze your use of our Services. To obtain authorization to share your call. For marketing purposes.
Requestor’s Payment Information (e.g. name, credit card number, billing address, billing zip code)	You input this information when making a purchase on the Services. You input this information when making a prank request.	To provide the Services requested by You. Payment information is required to complete the purchasing process.
Prank Recipient’s Contact Information and Background Information (e.g., name, phone number, state of residence, relationship with Requestor, and Prank Recipient’s personality traits)	Requestor submits this information when submitting a prank request.	To provide the Services requested by You. To obtain authorization to share Your call. For internal analytics purposes; to analyze your use of the Services. For marketing purposes.
Call Recording (only available on the App)	Requestor must enable this setting on the App. Note that Call Recordings are only accessible by Requestor. Requestor may choose to share Call Recordings voluntarily.	To provide the Services requested by You.
Information Collected from Third-Parties (e.g., name, account information, profile picture, phone number, email address, gender, date of birth and friends lists)	create or log into your account through a social media site, we will have access to certain information from that site. Our mobile applications that are distributed through various "app" stores may also request permission to automatically collect other information from your mobile device, including your email address. We may only collect this information with your authorization in accordance with your device operating system's permission process.	To provide the Services requested by You. To customize your experience while using the Services.

When you provide us with information in connection with a particular activity or otherwise sign up for or order our products and Services or provide your contact information to us, including your email address or telephone number in connection with that activity, product or service, you agree that such action constitutes a purchase or inquiry establishing a business relationship with us. You expressly consent to receiving communications from Ownage Labs through the information you provided to us.

Information Collected Automatically

As you navigate through and interact with our Services, We and our third-party service providers, including analytics and third-party content providers, may automatically collect certain information from you whenever you access or interact with the Service. We may combine this automatically collected log information with other information we collect about you. We do this to improve services we offer you, analytics, and site functionality.

What Types of Personal Information	How Personal Information is Collected	Purposed for Collection of Personal Data
Usage information including details of Your visits to our website or services (e.g. links you’ve clicked on, content response times, location data, logs, and other similar communication data and statistics about your interactions)	This information is automatically collected when You visit our website.	To improve and develop Our website and to enable us to improve our website, offer new features and material etc.
Device information includes information about Your computer and internet connection, including your Internet Protocol address, operating system, and browser type.	This information is automatically collected when You visit our website.	To provide our Services to you; To protect this website, our App, our company, our employees, and our users from malicious attacks, hacking, fraud, or other illegal or unauthorized activity
Location Information (only available on the App)	Your location may be collected if you enable Location settings on our App.	To improve and personalize the Services for You.

Cookies and Other Automatic Data Collection Technologies

Ownage Labs and its partners use cookies or similar technologies, which store certain information on your computer and allows us to, among other things, analyze trends, administer the Website, and to gather demographic information about our user base. The technology used to collect information automatically from Ownage Labs Users may include the following:

Cookies: Like many websites, we and our operational partners, analytics, and service providers use “cookies” to collect information. A cookie is a small data file that we transfer to your computer’s hard disk for record-keeping purposes. We use both persistent cookies that remain on your computer or similar device, and session ID cookies, which expire at the end of your browser session. We also use certain cookies to enhance the reliability, security and performance of our Website, including cookies that are passed by our Web Application Firewall. You can control the use of cookies at the individual browser level, but if you choose to disable cookies, it may limit your use of certain features or functionality of the Website
Web Beacons: We and our operational partners, analytics, and service providers may also employ software technology known as “web beacons” and/or “tracking tags” to help us keep track of what content on our Service is effective and to serve relevant advertising to you. Web beacons are small graphics with a unique identifier that may be invisible to you, and which are used to track the online activity of Internet users.
Embedded Scripts: We and our operational partners, analytics, and service providers may also employ software technology known as an Embedded Script. An Embedded Script is programming code that is designed to collect information about your interactions with the Services, such as the links you click on. The code is temporarily downloaded onto your computer or other device and is deactivated or deleted when you disconnect from the Service.

Third-Party Tracking Technologies

Ownage Labs uses third-party vendor tracking cookies, pixels, and other technologies such as Google Analytics to collect data about your activities when you visit our website, the website of entities for which we serve advertisements, or the websites and online services where we display advertisements. This information may include the content you view, the date and time that you view this content, the products you purchase, or your location information associated with your IP address. We use the information we collect to serve you more relevant advertisements (sometimes referred to as “Retargeting” or “Remarketing”). We collect information about where you saw the ads, we serve you and what ads you clicked on to measure the success of our advertising campaigns.

You can generally opt-out of receiving personalized ads from third-party advertisers and ad networks who are members of the Network Advertising Initiative (NAI) or who follow the Digital Advertising Alliance’s Self-Regulatory Principles for Online Behavioral Advertising (DAA) by visiting the opt-out pages on the NAI website (http://optout.networkadvertising.org) and DAA website (http://www.aboutads.info/choices/).

Google Analytics

Google Analytics collects information such as how often users visit this site, what pages they visit when they do so, and what other sites they used prior to coming to this site. We use the information we get from Google Analytics only to improve our Services. Google Analytics collects only the IP address assigned to you on the date you visit this site, rather than your name or other identifying information. We do not combine the information collected through the use of Google Analytics with personally identifiable information. Although Google Analytics plants a permanent cookie on your web browser to identify you as a unique user the next time you visit this site, the cookie cannot be used by anyone but Google. Google’s ability to use and share information collected by Google Analytics about your visits to this site is restricted by the Google Analytics Terms of Use (as amended for government websites) and the Google Privacy Policy. You can prevent Google Analytics from recognizing you on return visits to this site by disabling cookies on your browser

Social Networking Services

When you connect with us through a social media platform, we may, depending on your privacy settings, receive some information from your social media account, and what we collect depends on your privacy settings with that social networking service. The Services may also allow you to “like” or share content with social networking services.

If you choose to connect with us via social media platforms, we may be able use the Personal Information you have provided to the SNS (such as your name, email address, gender and other information you make publicly available via the SNS) to customize or otherwise optimize the services we offer to you. Note that the information we collect from and through an SNS may depend on the privacy settings you have set with the SNS and the permissions you grant to us in connection with linking your account with the Service to your account with an SNS. Other than what we may share with the SNS as described below, the Personal Information an SNS has about you is obtained by the SNS independent of our Service, and Ownage Labs is not responsible for it.

Do Not Track Signal

Do Not Track (DNT) is a privacy preference that users can set in some web browsers, allowing users to opt out of tracking by websites and online services. We do not honor browser requests not to be tracked online (known as “Do Not Track”), but our cookie Notice below describes how you can opt out of receiving cookies.

HOW WE DISCLOSE AND SHARE YOUR PERSONAL INFORMATION

We may share information we receive about you as follows or as otherwise described in this Privacy Notice. When we disclose Personal Information, the recipient is required to keep that Personal Information confidential, secure and process the Personal Information only for the specific purpose for which they are engaged:

With our Business Affiliates and Partners
- You may submit Personal Information to us through a form on a website and consent to receive communication from us as well as our carefully chosen business affiliates based on the information in the form. When you allow us to share your personal information with another company, you agree to receive offers and promotions about their products and services. Please note that your Personal Information will be governed in accordance with those third parties’ privacy notices.
With Our Service Providers
- We employ third party companies and individuals to provide Services on our behalf, to perform Service-related operations (e.g., without limitation, maintenance services, database management, web analytics, payment processing, fraud detection and improvement of our features) or to assist us in analyzing how our Service is used. These third parties may have access to your Personal Information in order to perform these tasks on our behalf. We employ the following service providers:
  - Stripe: payment processor.
  - Amazon/AWS: web and database host.
  - MailGun: email services provider.
  - MailChimp: e-mail newsletter provider.
  - Rollbar: error reporting and analytics.
With Our Third-Party Advertising Partners
- Some parts of our Service may serve ads by our own advertising software as well as third party ads. We may use an outside ad company, such as Google, to display ads on our Service. These ads may contain cookies and may track users across websites as well as internally in our Service.
For Corporate Transactions
- Ownage Labs may share information, including Personal Information, with any current or future subsidiaries or affiliates, primarily for business and operational purposes. We may sell, transfer, or otherwise share some or all of our assets, including your Personal Information, in connection with a merger, acquisition, reorganization or sale of assets (including, in each case, as part of the due-diligence process with any potential acquiring entity) or in the event of bankruptcy.
When Required by Law
- Ownage Labs will share Personal Information with government agencies as required by law in response to lawful requests by public authorities, including to meet national security or law enforcement requirements and, including without limitation, in connection with reporting earnings.

BEHAVIORAL ADVERTISING.

Ownage Labs may display behaviorally targeted advertising to you.

LINKS TO OTHER SITES

Our Services may include links to third-party websites and services that are not operated by us. When you click these links, you will be directed away from our Services. A link to a third-party website or service does not mean that we endorse it, or the quality or accuracy of information presented on it. If you decide to visit a third-party website or service, you are subject to its privacy practices and policies, not ours. This Privacy Notice does not apply to any personal information that you provide to these other websites and services.

DATA RETENTION

Unless you request that we delete certain information, We will retain your personal information for the period necessary to fulfill the purposes outlined in this Privacy Notice unless a longer retention period is required or permitted by law.

The criteria used to determine our retention periods include:

The length of time we have an ongoing relationship with you and provide services to you (for example, for as long as you keep using the Website);
Whether there is a legal obligation to which we are subject (for example, certain laws require us to keep records of your transactions for a certain period of time before we can delete them)

Whether retention is advisable; and considering our legal position (such as, for statutes of limitations, litigation or regulatory investigations).

WE DO NOT COLLECT PERSONAL INFORMATION FROM CHILDREN

Ownage Labs complies with the Children’s Online Privacy Protection Act of 1998 (“COPPA”) and is not intended for children under 13 years of age. This website does not knowingly or intentionally collect any personally identifiable information from or market to individuals under the age of 13.

If you become aware that a child has provided us with personal information without parental consent, please contact us here. If we become aware that a child under 13 has provided us with personal information without parental consent, we take steps to remove such information and terminate the child's account.

SECURITY

We use physical, technical and organizational measures designed to protect your information against unauthorized access, theft and loss. We restrict access to your personal information to those employees who need to know that information to service your account or perform their job functions.

Although we take precautions intended to help protect information that we process, no system or electronic data transmission is completely secure. Any transmission of your Personal Information is at your own risk, and we expect that you will use appropriate security measures to protect your personal information.

You are responsible for maintaining the security of your account and the information in your account. We may suspend your use of all or part of the Services without notice if we suspect or detect any breach of security. You understand and agree that we may deliver electronic notifications about breaches of security to the email address on record on your account.

INTERNATIONAL JURISDICTIONS

Our Services are hosted and offered in the United States of America (US), and are subject to US federal, state, and local law. If you are accessing the Services from another country (including the EU or UK), please be advised that you may be transferring your personal information to us in the US, and you consent to that transfer, processing and storage of your personal information in accordance with this Privacy Notice. You also agree to abide by the applicable laws of applicable US federal, state, and local laws concerning your use of the Services and your agreements with us. Any persons accessing our Services from any jurisdiction with laws or regulations governing the use of the Internet, including the collection, use, or disclosure of personal information, different from those of the jurisdictions mentioned above may only use the Services in a manner lawful in their jurisdiction. If your use of the Services would be unlawful in your jurisdiction, you may not use our Services.

YOUR RIGHTS AND CHOICES REGARDING YOUR INFORMATION

You have several ways to exercise control over your information:

Account Settings: Registered users may access, update or delete their personal information, and may update their communications preferences by accessing the applicable feature in their Account/profile settings.
E-Mail: You also may opt out of receiving marketing emails from us by following the opt-out instructions provided in those emails. Please note that we reserve the right to send you certain communications relating to your account or use of the Services (for example, administrative and service announcements) via email and other means and these transactional account messages may be unaffected if you opt-out from receiving marketing communications.
Contact Us: Subject to the Privacy Rights Section below, you may contact us to access, update or delete your personal information by contacting us here.

PRIVACY RIGHTS

Depending on where you are located, you may have certain rights regarding your Personal Information. Residents of certain jurisdictions may access, correct, update, or delete your personal information; object to our processing of this information, ask us to restrict our processing of your personal information, or request portability of your personal information. Please review the information within this section to learn more about exercising your rights.

Upon request, Ownage Labs will provide you with information about whether we hold any of your personal information. You are responsible for maintaining the accuracy of the information you submit to us, such as your contact information. If you submit a request to access all personal information you’ve submitted, we will respond to your request to access within 30 days or as otherwise required by law.

We will use commercially reasonable efforts to honor your requests for deletion; however, certain residual information may actively persist on the Service even if you close your account. In addition, the rights described above may be limited, for example, if fulfilling your request would reveal personal information about another person, or if you ask us to delete information, we are required by law to keep or have compelling legitimate interests in keeping (such as for fraud prevention purposes). Your Personal Information may remain in our archives and information you update or delete, or information within a closed account, may persist internally for our administrative purposes, to the extent permitted by law. It is not always possible to completely remove or delete information from our databases. In addition, we typically will not remove information you posted publicly through or on the Service. Bear in mind that neither you nor Ownage Labs can delete all copies of information that has been previously shared with others on the Service. If your information is deleted, then your account may become deactivated. If your account is deactivated or you ask to close your account, you will no longer be able to use the Services.

Please note that our Services require a minimum amount of Personal Information in order to function. Individuals who do not provide Personal Information (e.g., by not creating an account) may not be able to access the full functionality of features found on Ownage Labs.

European Residents

Under the General Data Protection Regulation (“GDPR”), Ownage Labs may be considered a data controller to the extent that we process personal information directly from European residents. To the extent that Ownage Labs is a data controller, European residents may access, correct, update or delete your personal information; object to our processing of this information, ask us to restrict our processing of your personal information, or request portability of your personal information by accessing the account settings within the App or by contacting us here.

U.S. Residents

Depending on your jurisdiction, you may have certain rights over your personal information. For example, the California Consumer Privacy Act / California Privacy Rights Act (“CCPA/CPRA”) may provide you with additional privacy rights with respect to our collection, use and disclosure of your Personal Information. To the extent that Ownage Labs is a covered business under state laws, you may contact us for more information regarding the following rights:

The right to know what Personal information we have collected and how we have used and disclosed that Personal Information in the 12-month period preceding your request.
- Please see the above section within this Policy titled INFORMATION WE COLLECT ABOUT YOU AND HOW WE COLLECT IT, to see the categories of Personal Information we have collected about you.
- Please see the above sections within this Policy titled HOW WE USE YOUR INFORMATION and HOW WE DISCLOSE AND SHARE YOUR INFORMATION, to see applicable use and disclosures of your Personal Information.
The right to request deletion of your Personal Information.
The right to be free from discrimination related to the exercise of any of your privacy rights.
The right to opt out of the sale of your personal information, and to request information about whether we have sold your personal information in the past 12 months.
- Ownage Labs does not currently sell personal information to third parties, and we have not done so in the last year. If this changes and we commence the sale of personal information, we will update this section accordingly, and you will be able to opt-out of the sale of personal information by submitting an opt-out request here.

For more information on how to exercise your rights, please contact us here. Please note that we may require you to verify your credentials, by matching your e-mail address, or other account information to the information in our systems, before you can submit a request to exercise any of these rights.

QUESTIONS

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