Terms of Use

“Campaign” means a campaign launched by Obvious for user generated social media content through our Service;

“Content” means user-submitted social media, including images, videos, text, links, and sound files;

“Obvious Parties” means Obvious Inc., its affiliates, subsidiaries, directors, officers, employees, contractors, and agents;

“Service” means the websites, applications, and other software or services provided by Obvious, including obvious.app, moments.tv, and associated platforms; and

“User,” “you,” or “your” means any individual or entity who accesses or uses the Service.

By accessing or using the Obvious website, the Obvious service, or any applications, including mobile applications made available by Obvious, however accessed, you agree to be bound by these terms of use (the “Terms of Use”). The Terms of Use affect your legal rights and obligations. If you do not agree to be bound by all of these Terms of Use, do not access or use the Service.

Users who participate in a Campaign launched by Obvious to generate Content, agree to do so in strict compliance with the terms of each Campaign.

You must be at least 13 years old to use the Service, and by using the Service, you are representing to be at least 13 years old. Some campaigns have certain age requirement limitations, and you agree to comply with campaign age limitations and requirements.

The Content you create for a Campaign must not constitute content that is violent, discriminatory, unlawful, infringing, hateful, threatening, pornographic, sexually suggestive, or that depicts illegal gambling, prostitution, illegal drug or related content and you agree not to create or submit such content as part of a Campaign with us.

You represent and warrant that all the personal and registration information that you provide or provided to Obvious upon registration and at all other times will be true, accurate, current and complete and you agree to update your information, as necessary, to maintain its truth, currentness and accuracy.

You are prohibited from using the Service to defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people, brands or entities, whether such persons, brands or entities are users of Obvious, and from posting private or confidential information without consent in respect of a person, brand or entity whether or not such person, brand or entity uses the Service, including, without limitation, your or any other person’s likeness, credit card or financial information, social insurance or national identity numbers, non-public phone numbers, non-public email addresses or litigation related material or allegations about a person, brand or entity.

You are prohibited from using the Service for any illegal activity or for an unauthorized purpose, or to promote any such activities, or in any way inconsistent with the terms of a Campaign.

You agree to comply with all laws, rules and regulations applicable to a Campaign and your use of the Service and the Content, including but not limited to, copyright law, privacy laws and anti-hate laws.

You are solely responsible for your conduct using the Service and any data, text, files, information, words, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials (the “Content”) that you submit, post or display on or by using the Service.

You must not create or submit unwanted or inappropriate content, comments, likes or other forms of communication on the Service that is harassing, unwanted, hateful, threatening, or that violates the Terms of Use or a Campaign.

By using the Service, you agree to promote a safe user experience.

You must not create accounts with the Service through unauthorized means, including but not limited to, by using an automated device, service, script, bot, spider, crawler or scraper.

A violation of the Terms of Use may, in Obvious’ sole discretion, result in termination of your account by us.

You understand and agree that Obvious cannot and will not be responsible for the Content posted on the Service and you agree to use the Service at your own risk.

If you violate the Terms of Use, or otherwise create risk or possible legal exposure for Obvious, or expose us to commercial or other harm, we may stop providing all or part of the Service to you without notice to you.

We reserve the right to modify or terminate the Service or your access to the Service for any reason, without notice to you, at any time, and without liability to you.

If we terminate your access to the Service, you understand that the Content will no longer be accessible through your account, but the Content may persist and appear within the Service.

Upon termination of the Service in respect of your account, all licenses and other rights granted to you in the Terms of Use or otherwise, will immediately cease.

We reserve the right, in our sole discretion, to change and update the Terms of Use from time to time. Our use of the term Terms of Use herein includes any updated Terms of Use.

You understand and agree that we may notify you of any updated Terms of Use by posting them on the Service, and that your use of the Service after the effective date of any updated Terms of Use constitutes your agreement to the updated Terms of Use.

Updated Terms of Use will be effective as at the time of posting, or such later date as may be specified in any updated Terms of Use, and will apply to your use of the Service from that point forward.

The Terms of Use will govern any disputes arising in connection with the Service.

We reserve the right to refuse access to the Service to anyone, including you, for any reason at any time, without notice to you.

We reserve the right, but are not obligated, to monitor, remove, or restrict any Content or account that we, in our sole discretion, determine violates these Terms of Use, poses a legal risk, or threatens the integrity of the Service.

You agree that Obvious is not responsible or liable for the conduct of any user or user’s conduct or Content on the Service or the conduct of a non-user.

You understand that: (i) there may be links from the Service, or from communications you receive from the Service to third party websites or features; (ii) there may be links to third party websites or features in images or comments within the Service; (iii) the Service may include third party content that we do not control, maintain or endorse; (iv) functionality on the Service may permit interactions between the Service and a third party website or feature, including applications that connect the Service or your profile on the Service with a third party website or feature and using this functionality may require you to login to your account on the third party service and you agree to do so at your own risk; and (v) Obvious does not control any of these third party website services or any of their content and you expressly acknowledge and agree that we are in no way responsible or liable for any such third party services or features.

You may choose, at your sole discretion and risk, to use applications that connect the Service or your profile on the Service with a third party service the (the “Application”) and such Application may interact with, connect to or gather and/or pull information from and to your profile. By using such Applications, you acknowledge and agree that: (i) if you use an Application to share information, you are consenting to information about your profile on the Service being shared; (ii) your use of an Application may cause personally identifying information to be publicly disclosed and/or associated with you, even if we have not provided such information and for consent to such; and (iii) your use of an Application is at your own risk and you will hold us harmless from activity related to the deployment and use of the Application.

You understand that Obvious does not claim ownership of any Content that you post on or through the Service and you hereby grant to Obvious a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to use the Content that you post on or through the Service.

Users must comply with applicable advertising disclosure laws and clearly indicate when their Content includes an endorsement. Obvious may, in its discretion, label such content as “Sponsored” or “Paid Partnership.”

You acknowledge and understand that Obvious may have sponsored content on the Service and may not always identify paid services, sponsored content, or commercial communications as such on the Service.

You represent and warrant the following to Obvious: (i) that you own the Content posted by you on or through the Service or have the right to grant the rights and licenses granted in the Terms of Use; (ii) that the posting and use of your Content on or through the Service does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; and (iii) you agree to pay for all royalties, fees, and any other costs owed by reason of Content you post on or through the Service.

You must not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying any Content and you agree not to reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit Content or Obvious Content.

You understand that the Service may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links or equipment, without notice or liability to you.

Obvious reserves the right to remove Content from the Service for any reason, without prior notice and without liability to you.

You understand and agree that the Service, including without limitation, Obvious Content, is provided on an “as is”, “as available” and “with all faults” basis.

The Obvious Parties hereby disclaim all warranties, express or implied, including, but not limited to, the warranties of merchantability, fitness for a particular purpose, non-infringement, title, custom, trade, quiet enjoyment, system integration and freedom from computer viruses or interruptions to services or security breaches.

The Obvious Parties do not represent or warrant that the Service will be error-free or uninterrupted or that defects will be corrected or that the Service or the server that makes the Service available, is or will be free from any harmful components, including, without limitation, viruses, security breaches or computer intrusions.

The Obvious Parties do not make any representations or warranties that the information on the Service is accurate, complete or useful.

You acknowledge that your use of the Service is at your sole risk at all times for all issues.

The Obvious Parties do not represent or warrant that your use of the Service is permitted in any particular jurisdiction or country and the Obvious Parties specifically disclaim such warranties.

By accessing or using the Service, you represent and warrant to Obvious that your activities are lawful in every jurisdiction where you access or use the Service and this applies to your Content and interactions you make on the Service.

Under no circumstances will the Obvious Parties be liable to you or any party for any loss or damages of any kind including, without limitation, for any direct, indirect, economic, exemplary, special, punitive, incidental or consequential losses or damages that are directly or indirectly related to: (a) the Service; (b) the Obvious Content; (c) user Content; (d) your use of, inability to use, or the performance of the Service; (e) any action taken in connection with an investigation by the Obvious Parties or law enforcement authorities regarding your or any other party’s use of the Service; (f) any action taken in connection with copyright or other intellectual property owners; (g) any errors or omissions in the Service’s operation; or (h) or any damage to any user’s computer, mobile device, or other equipment or technology including, without limitation, damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction, including, without limitation, damages for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or computer failure or malfunction, even if foreseeable or even if the Obvious Parties have been advised of or should have known of the possibility of such damages, whether in an action of contract, negligence, strict liability or tort including, without limitation, whether caused in whole or in part by negligence, acts of god, telecommunications failure, or theft or destruction of the service.

In no event will the Obvious Parties be liable to you or anyone else for loss, damage or injury, including, without limitation, death or personal injury however arising in connection with the Service.

The Obvious Parties are not responsible for the actions, content, information, or data of third parties and you hereby release the Obvious Parties from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have or may have, against any such third parties.

You and any third party for whom you operate an account or activity on the Service agree to defend at Obvious request, indemnify and hold the Obvious Parties harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable lawyer’s fees and costs, arising out of or in any way connected with any of the following, including as a result of your activities on the Service or those conducted on your behalf: (i) your Content or your access to or use of the Service; (ii) your breach or alleged breach of the Terms of Use; (iii) your violation or alleged violation of any third party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation or alleged violation of any laws, rules, regulations, statutes or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (v) any misrepresentation or alleged violation made by you.