OBSCURE TERMS OF USE

 

Effective Date:  September 19, 2014

 

These Terms of Use (“Terms”) apply to your access and use of the OBSCURE mobile application and the companion website, and other online products and services (collectively, the “Service”).

Summary

Downloading, accessing or using any part of the Service means that you agree to these Terms, which include the Privacy Policy and our Community Guidelines.  Before you use the Service, please read all of the terms. If you don’t agree to these Terms, do not use the Service.

We change these Terms of Service every so often. If we make changes, we will notify you by revising the date at the top of the policy and, in some cases, provide you with additional notice (like on our homepage or by email).

If you fail to comply with these Terms, your account may be terminated, so please read these Terms carefully.  Should you have any questions please ask for clarification. 

These terms are between you and us and not with any company that distributes the OBSCURE app, such as Google, Inc. While you may be subject to certain terms and conditions with a distributor by using their online store or other products, these terms are specifically between you and us. Your use of the Service is governed solely by these terms.

You must be at least 13 years of age to use the Services. 

The Services are hosted in the United States. If you are a user accessing the Services from another country, the laws or regulations governing personal data collection, use, and disclosure of your country do not apply.  United States laws apply to your use of the Services.  Please be advised that through your continued use of the Services, you are transferring your personal information to the United States and you consent to that transfer.

DETAILS

We encourage you to frequently review the Terms to ensure you understand the terms and conditions that apply to your use of the Services. If you don’t agree to these Terms, do not use the Service.  Your continued use of the Services will confirm your acceptance of these and any revised Terms.  If you do not agree to the amended Terms, you must stop using the Services and delete your OBSCURE account.

USERS and USER DATA

We may, in our sole discretion, refuse to offer the Services to any person or entity. We may, without notice and in our sole discretion, terminate your right to use the Services, or any portion of thereof, and block or prevent your future access to and use of the Services or any portion thereof.

OBSCURE is intended for use by people who are 13 years of age or older, and persons under the age of 13 are prohibited from creating OBSCURE accounts.  We do, however, offer a limited- functionality version of OBSCURE for children under the age of 13. This limited version includes the familiar OBSCURE interface, captioning, drawing, allows saving photos locally on the device, but does not support sending or receiving photos or adding friends; since the experience for this version is local to the user's device, no OBSCURE account is created. 

If you are not an adult, but older than 13, you must either have a parent’s consent or have the legal status required in your jurisdiction to be able to accept these Terms in order to use the Services.  By using the Services you affirm that you have the legal ability to accept these Terms and that you have not been previously banned from the Services or had your account terminated by us.    

By using the OBSCURE application you agree to let OBSCURE collect information about your usage of the application.  For more information about the information we collect from you and your device and OBSCURE's privacy practices, please review our Privacy Policy.

The Services consist of interactive features and areas that allow users to create, post, transmit and/or store content, including but not limited to photos, videos, text, graphics, items or other materials (collectively, "User Content"). You understand that your User Content may be viewable by others if the recipient shares your message through social media, for example, and that you have limited ability to control who can access such content.  These Terms include our Community Guidelines, which may be updated from time to time; you agree to abide by and observe the Community Guidelines.  Any violation of our Community Guidelines is a breach of these Terms and may lead to the termination of your Obscure account and any license granted to you under these Terms.

You agree that you are solely responsible for your User Content and that OBSCURE is not responsible or liable for any User Content. While we are not obligated to do so, we reserve the right, and have absolute discretion, to review, screen and delete User Content at any time and for any reason.

You retain all ownership rights in your User Content. However, by submitting User Content to OBSCURE, you hereby grant us a nonexclusive, worldwide, royalty-free, sublicensable and transferable license to use, reproduce, modify, adapt, publish, create derivative works from, distribute, perform and display such User Content in connection with the Services.

The Services are hosted in the United States. If you are a user accessing the Services from the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure, that differ from United States laws, please be advised that through your continued use of the Services, which are governed by U.S. law, you are transferring your personal information to the United States and you consent to that transfer.

LICENSE TO THE SERVICES

We grant you a limited license to use the Services.  This license does not include the ability or right to: (i) publicly perform or publicly display the Services, (ii) modify or otherwise make any derivative uses of the Services or any portion thereof, (iii) use any data mining, robots or similar data gathering or extraction methods, (iv) download (other than page caching) of any portion of the Services or any information contained therein, (v) reverse engineer or other access to the Services in order to build a competitive product or service, or (vi) use the Service other than for its intended purposes.  Any attempt to do or any achievement of the foregoing items (i) through (vi) is considered to be a violation of these Terms and infringement of our rights, including our intellectual property rights, in the Services.    We may terminate your use of the Service if we believe you have infringed our rights or violated these Terms, and infringement of our intellectual property rights related to the Service may subject you to prosecution and payment of damages.

All information, materials and content of the Services (excluding User Content) including, but not limited to, text, graphics, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces, source and object code, format, queries, algorithms and other content is owned by us or is used with our permission.

Please note that you further agree to abide by any third-party terms that apply when posting reviews and downloading the OBSCURE app, including the iTunes App Store Terms of Service, the Google Play Terms of Service or other terms utilized by the distributor of the OBSCURE app.

The software you download (within the OBSCURE app) consists of a package of components, including certain third party software (“Third Party Software” and together with the App, the “Package”) provided under separate license terms (the “Third Party Terms”). Your use of the Third Party Software in conjunction with the App in a manner consistent with the terms of these Terms is permitted, however, you may have broader rights under the applicable Third Party Terms and nothing in these Terms is intended to impose further restrictions on your use of the Third Party Software.

ACCOUNT SECURITY

After opening an OBSCURE account, you accept all responsibility for any activity that occurs while logged into your account. You are responsible for making sure that you keep your password secure and safe. You agree that you will not share your password with others or do anything that might jeopardize the security of your account.

MODIFICATIONS TO THE SERVICES

We reserve the right to modify or discontinue, temporarily or permanently, the Services or any features or portions thereof without prior notice. You agree that we will not be liable for any modification, suspension or discontinuance of the Services or any part thereof.

IMPORTANT LEGAL INFORMATION

Feedback

Any suggestions, comments or other feedback provided by you to us with respect to the Service will constitute our confidential information. We will be free to use, disclose, reproduce, license and otherwise distribute, and exploit this feedback as we see fit, entirely without obligation or restriction of any kind on account of intellectual property rights or otherwise.

Disclaimer

THE SERVICES AND ANY OTHER SERVICE AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES ARE PROVIDED TO YOU ON AN AS-IS OR AS-AVAILABLE BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE.  WE DO NOT REPRESENT OR WARRANT THAT THE SERVICES WILL ALWAYS BE AVAILABLE OR OPERATE IN AN ERROR-FREE MANNER OR WITHOUT DELAYS, DISRUPTIONS OR WITHOUT BUGS.

Indemnification, Limitation of Liability

EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE SERVICE OR ANY OTHER SERVICE AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. 

You assume total responsibility for your use of the Services. Your only remedy against us for dissatisfaction with the Services or any content is to stop using the Services. If, notwithstanding these Terms, we are found liable to you for any damage or loss which arises out of or is in any way connected with your use of the Services or any content, our liability shall in no event exceed $1.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

You agree to defend, indemnify and hold us harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees) we incur we in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that arises from (a) your use of the Services; (b) any of your User Content, (c) your violation of these Terms (including the Community Guidelines); and (d) the use of the Services by any person using your account that violates any applicable law or regulation, or the rights of any third party.

Applicable Law and Venue

Any dispute between you and OBSCURE will be governed by these Terms and the laws of the State of California and applicable United States law, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction. A lawsuit, if any, brought by you or by us against a user will occur in state or federal court in San Francisco County, California. You agree that the jurisdiction and venue of these courts is exclusive.

Severability

If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

Complete Agreement

These Terms supersede all prior understandings regarding the same and represent the complete agreement between you and OBSCURE.

Electronic Communications

By using the Service you agree that we may communicate with you electronically regarding administrative, security and other issues relating to your use of the Service. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

Questions and Comments

OBSCURE welcomes comments, questions, concerns, or suggestions. Please send feedback to us by sending an email to obscurechat@gmail.com.

Copyright Concerns

If you are a copyright owner or an agent thereof and believe that any content available on our Services infringes your copyrights, you may, pursuant to the Digital Millennium Copyright Act ("DMCA"), notify our Copyright Agent by providing the following information in writing (see 17 U.S.C § 512(c)(3)):

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

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 the service provider to locate the material;

Information reasonably sufficient to permit the service provider to contact You, such as an address, telephone number and, if available, an electronic mail;

A statement that you 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; and

A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

You acknowledge that a failure to comply with all of the above requirements will result in an invalid notification.

Our designated Copyright Agent to receive notifications of claimed infringement is:

Obscure DMCA Agent

500 Howard Street, Suite 300

San Francisco, CA 94105

Email: obscurechat@gmail.com

If you believe that your content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent or pursuant to other law, to submit the content to us, you may send a counter-notice containing the following information to the Copyright Agent:

Your physical or electronic signature;

Identification of the content that was removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;

A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and

Your name, address, telephone number and e-mail address and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Copyright Agent, we may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member, or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.