These Terms of Service (which we call the “Terms”) form a legally binding contract between you and Oben, Inc. (“Oben”). By using our websites, online or mobile applications, and other products and services (collectively, our “Services”), you are agreeing to these Terms.
ARBITRATION NOTICE: Please be advised that these Terms contain an arbitration clause. You and Oben agree that any dispute between us will be resolved by mandatory binding arbitration and you and Oben waive any right to participate in a class action lawsuit or class wide arbitration.
- Who Can Use Our Services
By using the Services, you state that: (i) you can form a binding contract with Oben;; and (ii) you agree to comply with these Terms and all applicable laws and regulations.
- Our Property
The Services, including all work, material and/or product, taken by, submitted to, provided for or created through use of any portion of our Services is wholly the sole and exclusive property of Oben. Any unauthorized use of such property beyond the Terms stated herein or any unauthorized monetary exploitation or financial gain resulting therefrom shall constitute infringement of our intellectual property and you may be potentially liable for maximum damages, sanctions, disgorgement of profits, penalties and fines, as permitted by law.
- Rights We Grant You
Oben grants you a personal, non-assignable, nonexclusive, revocable, and non-sublicensable license to access and use our Services. This license is for the sole purpose of letting you use our Services in a way that these Terms allow. Any software that we provide you may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device’s settings. You may not copy, modify, distribute, sell, or lease any part of our Services, nor may you reverse engineer or attempt to extract the source code of that software, unless applicable laws prohibit these restrictions or you have our written permission to do so. For avoidance of doubt, you have not been granted any rights whatsoever in any content that is created or edited with use of any portion of our Services as such content remains the sole property of Oben. Should you wish to license and/or exploit the rights of the content you created for, you must contact Oben in advance and submit your written request providing enough details describing your request to Oben’s satisfaction and agree that you shall not license and/or exploit the content created hereunder for any reason whatsoever beyond sharing on your personal social media profiles (i.e., Facebook, Twitter, Instagram) without Oben’s mutual approval. Should you receive any monetary or financial gain resulting from the exploitation and/or publication of the content you created hereunder without receiving Oben’s advance written approval, Oben shall be entitled to recover all net proceeds you actually receive or realize and shall have the right to demand an inspection and accounting thereof of all related bookkeeping and records.
- Rights You Grant us
Some of our Services let you create, upload, post, send, receive, and store content including, without limitation, any voice input, voice note or audio recording when using any portion of our Services; any photos and images taken or provided to us when using any portion of our Services; any songs, greetings and audio recordings or voice notes generated or created when using any portion of our Services; any images, models, graphics, simulations and/or other content generated or created when using any portion of our Services. You grant us and our affiliates a worldwide, royalty-free, irrevocable, perpetual, sublicensable, and transferable license to host, store, use, display, reproduce, modify, adapt, edit, publish, and distribute that content and to create derivative works from, promote, exhibit, broadcast, syndicate, publicly perform, and publicly display your content in any form and in any and all media or distribution methods (now known or later developed). We may access, review, screen and delete your content at any time and for any reason. We shall not be responsible for the content you create, upload, post, send or store through or related to our Services and you shall alone remain responsible for the content you create, upload, post, send, or store through our Services. Any feedback or suggestions you submit about Oben or our products or Services are non-confidential and will become the sole property of Oben.
- Content of Others
Some of the content on our Services is produced by users and other third parties. Whether that content is posted publicly or sent privately, the content is the sole responsibility of the person or organization that submitted it. Although Oben reserves the right to remove any content that violates these Terms, we do not necessarily review all of it. Therefore, we do not take responsibility for any other content that others provide through our Services. You acknowledge and agree that Oben is not responsible for examining or evaluating any aspect of any third-party services, applications or websites (collectively “Third Party Apps”) including those that use the Services. We make no representations or endorsements regarding those Third Party Apps, including without limitation as to their quality, accuracy, completeness, copyright compliance, legality, decency, reliability, security or any other aspect.
- Respecting Other People’s Rights
Oben respects the rights of others. You may not upload, post, send or store content that: violates or infringes someone else’s rights of publicity, privacy, copyright, trademark or other intellectual property right; bullies, harasses or intimidates; defames; or spams or solicits Oben users. You must also respect Oben rights. These Terms do not grant you any right to: use branding, logos, designs, photographs, audio, recordings, videos or any other materials used in our Services except as explicitly allowed by these Terms or our Services; copy, archive, download, upload, distribute, syndicate, broadcast, perform, display, make available, or otherwise use any portion of our Services or the content on our Services except as set forth in these Terms or as our Services allow; use our Services or any content on our Services for any commercial purposes without our consent. In short: You may not use our Services or the content on our Services in ways that are not authorized by these Terms. Nor may you help or enable anyone else in doing so.
- Respecting Copyright
Oben honors the requirements set forth in the Digital Millennium Copyright Act. We therefore take reasonable steps to expeditiously remove from our Services any infringing material that we become aware of. And if Oben becomes aware that one of its users has repeatedly infringed copyrights, we will take reasonable steps without our power to terminate the user’s ability to access or use our Services. If you believe that anything on our Services infringes a copyright that you own or control, please file a notice with our office at: 130 W. Union Street, Pasadena, CA 91103, email: email@example.com. If you file a notice with our designated agent, it must comply with the requirements set forth at 17 U.S.C. § 512(c)(3). That means the notice must: contain the physical or electronic signature of a person authorized to act on behalf of the copyright owner; identify the copyrighted work claimed to have been infringed; identify 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 let us locate the material; provide your contact information, including your address, telephone number, and an email address; provide a personal statement that you have a good-faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, is agent or the law; and provide 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 copyright owner.
By using our Services, you agree that: you will not use our Services for any purpose that is illegal or prohibited in these Terms; you will not use any robot, spider, crawler, scraper or other automated means or interface to access our Services or extract other user’s information; you will not use or develop any third-party applications that interact with our Services or other users’ content or information without our written consent; you will not use our Services in a way that could interfered with, disrupt, negatively affect, or inhibit other users from fully enjoying our Services, or that could damage, disable, overburden, or impair the functioning of our Services; you will not use or attempt to use another user’s account, username or password without their permission; you will not solicit login credentials from another user; you will not post content that contains pornography, graphic violence, threats, hate speech or incitements to violence; you will not upload viruses or other malicious code or otherwise compromise the security of our Services; you will not attempt to circumvent any content-filtering techniques we employ, or attempt to access areas or features of our Services that you are not authorized to access; you will not probe, scan or test the vulnerability of our Services or any system or network; and you will not encourage or promote any activity that violates these Terms.
- Your Account
You are responsible for any activity that occurs in your account. Please select a strong password that you don’t use for any other account. By using our Services, you agree that, in addition to exercising common sense: you will not create more than one account for yourself; you will not create another account if we have already disabled your account, unless you have our written permission to do so; you will not buy, sell, rent or lease access to your Oben account without our written permission; you will not share your password; you will not log in or attempt to access our Services through unauthorized third-party applications or clients. If you think that someone has gained access to your account, please immediately reach out to Oben Support.
- Data Charges
You are responsible for any mobile charges that you may incur for using our Services, including text-messaging and data charges. If you’re unsure what those charges may be, you should ask your service provider before using our Services.
- Third-Party Services
If you use a service, feature or functionality that is operated by a third party and made available through our Services (including Services we jointly offer with the third party), each party’s terms will be given the respective party’s relationship with you. Oben is not responsible or liable for those third party terms or actions taken under the third party’s terms.
- Modifying the Services and Termination
We may add or remove features, products, or functionalities, and we may also suspend or stop our Services altogether. We may take any of these actions at any time, and when we do, we may not provide with you any notice beforehand. Oben may terminate these Terms with you at any time, for any reason, and without advanced notice. That means that we may stop providing with you any Services, or impose new or additional limits on your ability to use our Services. For example, we may deactivate your account due to prolonged inactivity. Regardless of who terminates these Terms, both you and Oben continue to be bound by Sections 3, 6 12-21 of the Terms.
You agree, to the extent permitted under applicable law, to indemnify, defend and hold harmless Oben, our directors, officers, employees, and affiliates from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys’ fees) due to, arising out of, or relating in any way to: (a) your access to or use of our Services; (b) your content; and (c) your breach of these Terms.
We try to keep our Services up and running and free of annoyances. But we make no promises that we will succeed. OUR SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND TO THE EXTENT PERMITTED BY APPLICABLE LAW WITHOUT 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. IN ADDITION, WHILE OBEN ATTEMPTS TO PROVIDE A GOOD USER EXPERIENCE, WE DO NOT REPRESENT OR WARRANT THAT: (A) OUR SERVICES WILL ALWAYS BE SECURE, ERROR-FREE OR TIMELY; (B) OUR SERVICES WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPRTIONS ON IMPERFECTIONS; OR (C) THAT ANY OBEN CONTENT, USER CONTENT, OR INFORMATION YOU OBTAIN ON OR THROUGH OUR SERVICES WILL BE TIMELY OR ACCURATE. OBEN TAKES NO RESPONSBILITY AND ASSUMES NO LIABILITY FOR ANY CONTENT THAT YOU, ANOTHER USER, OR A THIRD PARTY CREATES, UPLOADS, POSTS, SENDS, RECEIVES, OR STORES ON OR THORUGH OUR SERVICES. YOU UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO CONTENT THAT MIGHT BE OFFENSIVE, ILLEGAL, MISLEADING OR OTHERWISE INAPPROPRIATE, NONE OF WHICH OBEN WILL BE RESPONSIBLE FOR.
- Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OBEN AND OUR DIRECTORS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, LICENSORS AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR MULTIPLE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY ACCESS OR USE OF OUR SERVICES; (B) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON OR THROUGH OUR SERVICES; (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT, EVEN IF OBEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR (D) YOUR CONTENT CREATED WITH, FROM OR THROUGH SOME PORTION OF OUR SERVICES.. IN NO EVENT WILL OBEN’s AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO OUR SERVICES EXCEED THE GREATER OF $100 USD OR THE AMOUNT YOU PAID OBEN, IF ANY, IN THE LAST 12 MONTHS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECITON MAY NOT APPLY TO YOU.
- Arbitration, Class Waiver and Jury Waiver
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY AS THEY REQUIRE YOU TO ARBITRATE DISPUTES WITH OBEN, AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
- Applicability of Arbitration Agreement
All claims and disputes arising out of or relating to these Terms or the use of our Services that cannot be resolved in small claims court, will be resolved by binding arbitration on an individual basis, except that you and Oben are not required to arbitrate any dispute in which either party seeks equitable relief for the alleged use unlawful use of copyrights, trademarks, trade names, logos, trade secrets or patents.
- Arbitration Rules
The Federal Arbitration Act governs the interpretation and enforcement of this dispute-resolution provision. Arbitration will be initiated through the American Arbitration Association (“AAA”). If the AAA is not available to arbitrate, the parties will select an alternative arbitral forum. The rules of the arbitral forum will govern all aspects of this arbitration, except to the extent those rules conflict with these Terms. The arbitration will be conducted by a single neutral arbitrator. Any claims or disputes where the total amount sought is less than $10,000 USD may be resolved through binding non-appearance-based arbitration, at either party’s election. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
- Additional Rules for Non-appearance Arbitration
If non-appearance arbitration is elected, the arbitration will be conducted by telephone, online, written submissions, or any combination of the three; the specific manner will be chosen by the party initiating the arbitration. The arbitration will not involve any personal appearance by the parties or witnesses unless the parties mutually agree otherwise.
- Authority of the Arbitrator
The arbitrator will decide the jurisdiction of the arbitrator and the rights and liabilities, if any, of you and Oben. The dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and the Terms. The arbitrator will issue a written award and statement of a decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you.
- Waiver of Jury Trial
YOU AND OBEN WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Oben are instead electing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and Oben over whether to vacate or enforce an arbitration award, YOU AND OBEN WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge.
- Waiver of Class or Consolidated Actions
ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If, however, this wavier of class or consolidated actions is deemed invalid or unenforceable, neither you nor we are entitled to arbitration; instead all claims and disputes will be resolve in a court as set forth in Section 17.
No part of the procedures will be open to the public or the media. All evidence discovered or submitted at the hearing is confidential and may not be disclosed, except by written agreement of the parties, pursuant to court order, or unless required by law. Notwithstanding the foregoing, no party will be prevented from submitting to a court of law any information needed to enforce this arbitration agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
- Right to Waive
Any rights and limitations set forth in this arbitration agreement may be waived by the party against whom the claim is asserted. Such waiver will not waive or affect any other portion of this arbitration agreement.
- Arbitration Agreement Survival
This arbitration agreement will survive the termination of your relationship with Oben.
- Choice of Law; Exclusive Venue
The Agreement is governed by California law, excluding its choice of laws principles. The exclusive venue for any litigation arising from or related to the Agreement, the Services shall be the courts of Los Angeles County, California, except for any optional arbitration as described above. This Agreement will not be construed against either party as the drafter.
If any provision of these Terms is found unenforceable, then that provision will be severed from these Terms and not affect the validity and enforceability of any remaining provisions. You cannot assign the Agreement without our written agreement. We can assign the agreement to any entity that agrees to be bound by the terms of the Agreement.
Given the breadth of our Services, we sometimes need to craft additional terms and conditions for specific Services. Those additional terms and conditions, which will be available with the relevant Services, then become part of your agreement with us if you use those Services.
These terms make up the entire agreement between you and Oben, and supersede any prior agreements. These Terms do not create or confer any third-party beneficiary rights. If we do not enforce a provision in these Terms, it will not be considered a waiver. We reserve all rights not expressly granted to you. You may not transfer any of your rights or obligations under these Terms without our consent. These terms were written in English and to the extent the translated version of these Terms conflict with the English version, the English version will control.
Oben welcomes comments, questions, concerns or suggestions. Please send feedback to us by emailing firstname.lastname@example.org
Dated: February 2017