Digital Products License

01 Digital Product Usage

1. After purchasing a digital product, the Client will be given access to the product materials within 48 hours of payment confirmation, delivered via download through the Fourthwall storefront platform at shop.osuphoenix.tv or as otherwise communicated at the time of purchase.
2. The Company grants to the Client one (1) non-exclusive, non-sublicensable, non-transferable single-use license to use the purchased product.
3. The Client understands and agrees that product materials may not be shared with, gifted to, or resold to any third party.
4. In the event the Company suspects a product is being shared or distributed without authorization, the Company reserves the right to immediately terminate the Client's access to the product and any other products, without refund.
5. The Client may use the product for personal or commercial streaming and content creation purposes and may modify it as needed for their own use. The Client is not obligated to credit or tag OSUPhoenix Streamworks for any use of the product.
6. Delivery is facilitated through the Fourthwall platform. The Client's use of the platform is also subject to Fourthwall's own terms of service.

02 Fees & Payment

1. In consideration for access to the product, the Client agrees to pay the fee displayed at checkout.
2. If a payment method is declined, the Client must provide a valid payment method before receiving access to the product.
3. If access has already been granted and a payment is subsequently reversed or charged back, the Company reserves the right to pursue collection of all outstanding amounts owed.

03 Refund Policy

1. Due to the nature of digital products being immediately accessible upon purchase, no refunds will be issued under any circumstances once access has been granted or the download has been delivered.
2. If you have a concern about a product before purchasing, contact us at OSUPhoenix.Gaming@gmail.com before completing checkout.

04 Personal Information

1. By purchasing a product, the Client provides personal information including name, email address, and billing details. The Client agrees that this information may be used by the Company for all lawful purposes related to the transaction.
2. Billing information is kept secure and confidential. The Company does not rent, sell, or share personal information with third parties for direct marketing purposes without the Client's consent.
3. The Client is responsible for the accuracy of their identifying information and for maintaining the security of their account credentials.
4. Providing false or inaccurate information, or using products for fraudulent or unlawful purposes, is grounds for immediate termination of access.

05 Copyright & License

1. Upon delivery, the Company grants the Client a single-use license for personal or commercial use of the purchased digital product. Single-use means usable by one individual or entity for their own private or commercial streaming and content creation.
2. The product may not be shared, resold, redistributed, or gifted to any other party.
3. The Company retains all underlying intellectual property rights in the product. The license granted here does not constitute a transfer of ownership.

06 Warranties & Liability

1. The Company makes every effort to ensure products are accurate and functional. However, the Company provides no warranties — express, implied, or statutory — as to the suitability, merchantability, or fitness of any product for a particular purpose.
2. The Client agrees to indemnify the Company against all liabilities, claims, demands, expenses, and damages arising from the Client's breach of these terms.
3. The Company shall not be liable for any consequential, indirect, special, or exemplary damages, including loss of profits, business, or anticipated benefits, whether arising under tort, contract, or otherwise.

07 Force Majeure

If performance of this agreement is prevented or delayed by events beyond the reasonable control of either party — including but not limited to natural disasters, acts of war, government action, pandemics, power outages, or death of the operator or an immediate family member — the affected party shall give prompt notice and be excused from performance during such event. Any delay resulting from such causes shall not constitute a breach of this agreement.

08 Expectations & Results

1. The Company makes no guarantees as to specific results, financial gains, or stream performance outcomes from the Client's use of any product.
2. The Client acknowledges that every streamer and use case is different, and that results will vary. The Client takes full responsibility for their own outcomes.

09 Governing Law & Arbitration

1. The laws of the State of Texas shall govern this agreement. Any disputes shall be subject to the exclusive jurisdiction of Guadalupe County, Texas.
2. Any disputes not resolved amicably shall be decided first by mediation, and if unsuccessful, by binding arbitration in accordance with the rules of the American Arbitration Association. Arbitration shall take place in Guadalupe County, Texas, unless another location is mutually agreed upon.
3. The parties agree to be bound by the arbitrator's decision. Costs of arbitration shall be shared equally; each party is responsible for its own legal fees.

10 General Provisions

1. Entire Agreement. This agreement constitutes the entire understanding between the parties regarding digital product purchases and supersedes any prior written or oral agreements. Modifications must be in writing and signed by both parties.
2. Severability. If any provision of this agreement is found invalid or unenforceable, the remaining provisions shall remain in full effect.
3. Non-Transfer. This agreement cannot be transferred or assigned to any third party without written consent of both parties.
4. Waiver. Failure to enforce any provision of this agreement shall not constitute a waiver of any other provision.