Terms of Service

Last Updated: 10.20.2024

1. Introduction

1.1 Acceptance of Terms

By accessing or using OBSCURAi ("the Service"), you agree to be bound by these Terms of Service ("TOS") and our Privacy Policy. If you do not agree to these terms, you must not use the Service.

1.2 Parties

These TOS constitute a legal agreement between you ("User") and A Good Prompt to Live in LLC ("we," "us," or "our"), the owner and operator of OBSCURAi.

1.3 Description of Service

OBSCURAi is an AI-powered platform that enables users to generate scripts, images, sounds, video clips, and edited videos using third-party services, including but not limited to OpenAI, runwayML, and Stability AI APIs.

1.4 Definition of Service

The "Service" includes the OBSCURAi website, applications, and any associated services or content provided by us.

2. Eligibility

2.1 Age Requirement

You must be at least 18 years old to access or use the Service. By using the Service, you represent and warrant that you meet this age requirement.

2.2 Geographic Limitation

The Service is available only to users located in the United States. By registering, you represent and warrant that you meet this geographic limitation.

2.3 User Representation

By using the Service, you represent and warrant that you have the right, authority, and capacity to enter into these TOS and to abide by all of the terms and conditions set forth herein.

3. Account Registration

3.1 Account Creation

To use certain features of the Service, you must create an account by providing accurate, current, and complete information. You agree to promptly update such information as necessary to ensure it remains accurate.

3.2 Account Security

You are responsible for maintaining the confidentiality of your login credentials and are fully responsible for all activities that occur under your account.

3.3 Account Activity

You agree to:

• Notify us immediately of any unauthorized use of your account or any other breach of security.
• Ensure that you exit from your account at the end of each session.
• Accept responsibility for all activities that occur under your account, including content creation, sharing, and interactions with other users.

4. User Conduct and Acceptable Use

4.1 Compliance with Policies

You agree to comply with these TOS, our Privacy Policy, and the policies of any third-party providers (e.g., OpenAI, runwayML, and Stability AI). Links to these policies are available on our website.

4.2 Prohibited Content

You may not use the Service to generate, upload, transmit, or share content that:

• Promotes illegal activities or conduct.
• Is harassing, hateful, discriminatory, or defamatory.
• Involves explicit content featuring minors.
• Contains violence or threats against individuals or groups.
• Infringes upon any third-party intellectual property rights.
• Constitutes unauthorized solicitation or advertising.
• Includes abuse, harassment, or offensive language in comments or private messages.

4.3 Prohibited Activities

You are prohibited from:

• Attempting to breach or circumvent the security or authentication measures of the Service.
• Overloading, "flooding," "mailbombing," or "crashing" the Service.
• Interfering with or disrupting the integrity or performance of the Service or the data contained therein.
• Using automated means (e.g., bots, scrapers) to access the Service without our express written permission.
• Reverse engineering, decompiling, or disassembling any aspect of the Service.

4.4 No Solicitation and Advertising

You may not use the Service to:

• Solicit other users for commercial purposes without our prior written consent.
• Promote or advertise products or services without authorization.
• Engage in any form of unauthorized marketing or promotional activities.

4.5 Advertiser Inquiries

Advertisers interested in collaborating with us should contact obscuraifilms@gmail.com with the subject line "Ad Inquiry."

4.6 Compliance with Laws

You agree to comply with all applicable local, state, national, and international laws and regulations in connection with your use of the Service.

5. User-Generated Content

5.1 Ownership

You retain ownership of any content you create using the Service. However, by creating content, you grant us a non-exclusive, perpetual, royalty-free, worldwide license to use, distribute, display, and modify such content for the purposes of operating, promoting, and improving the Service, and to comply with legal obligations.

5.2 License to OBSCURAi

This license allows us to:

• Use your content to provide and enhance the Service.
• Display your content publicly or privately to other users or in our marketing materials.
• Modify or adapt your content as necessary for technical or formatting purposes.

5.3 Music and Sound Effects

In order to post your content containing artlist.io music anywhere other than the service, you must obtain all necessary licenses and permissions from artlist.io. They provide a blanket license for a subscription. Licensing information will be provided upon request.

5.4 Representations and Warranties

You represent and warrant that:

• You have all necessary rights and permissions to create and submit the content you generate.
• Your content does not infringe upon any third-party rights, including intellectual property rights.
• Your content complies with all applicable laws and these TOS.

5.5 Fair Use Exception

While certain uses of copyrighted material may be permissible under the doctrine of fair use, you are solely responsible for ensuring that your use of any content complies with applicable laws, including fair use provisions. We do not provide legal advice and encourage you to consult legal counsel if you are uncertain about your rights.

6. Intellectual Property Rights

6.1 OBSCURAi’s Intellectual Property

We and our licensors own all rights, title, and interest in and to the Service, including but not limited to software, text, media, trademarks, logos, and other content (excluding user-generated content).

6.2 Restrictions

You may not:

• Reproduce, distribute, modify, or create derivative works from any of our intellectual property without our prior written consent.
• Use any of our trademarks without our express permission.
• Remove, alter, or obscure any copyright, trademark, or other proprietary rights notices incorporated in or accompanying the Service.

6.3 Reservation of Rights

All rights not expressly granted to you are reserved by us and our licensors.

7. Privacy Policy

Please refer to our Privacy Policy for information on how we collect, use, and disclose your personal information.

8. Disclaimers and Limitation of Liability

8.1 Service Provided "As Is"

The Service is provided on an "as is" and "as available" basis without warranties of any kind, whether express or implied. We disclaim all warranties, including but not limited to merchantability, fitness for a particular purpose, and non-infringement.

8.2 No Liability for User Content

We are not responsible for content generated or shared by users. You assume all responsibility for the consequences of your generated content.

8.3 Limitation of Liability

To the fullest extent permitted by law, we, our affiliates, and our licensors will not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to 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.
• Any conduct or content of any third party on the Service.
• Any content obtained from the Service.
• Unauthorized access, use, or alteration of your transmissions or content.

Our total liability for any claims under these TOS is limited to the amount you paid us to use the Service.

8.4 Force Majeure

We will not be liable for any failure or delay in performance due to causes beyond our reasonable control, including but not limited to natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, or network infrastructure failures.

9. Indemnification

9.1 User Agreement to Indemnify

You agree to defend, indemnify, and hold harmless OBSCURAi, A Good Prompt to Live in LLC, and our affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorney's fees, arising out of or in any way connected with:

• Your access to or use of the Service.
• Your violation of these TOS.
• Your violation of any third-party right, including any intellectual property or privacy right.
• Any content you generate, submit, post, or transmit through the Service.

10. Termination

10.1 Right to Terminate

We reserve the right, at our sole discretion, to suspend or terminate your account or access to the Service at any time, with or without cause, and with or without notice, effective immediately. Reasons for termination may include, but are not limited to:

• Violation of these TOS.
• Engagement in prohibited activities.
• Compliance with legal obligations.

10.2 Effect of Termination

Upon termination:

• Your right to access or use the Service will immediately cease.
• We may delete your account and all associated content.
• You must cease all use of the Service and delete any downloaded materials.
• Provisions of these TOS that by their nature should survive termination will survive, including but not limited to ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

10.3 User Obligations Upon Termination

You agree that we will not be liable to you or any third party for termination of your account or access to the Service. You are responsible for any fees or charges incurred prior to termination.

11. Governing Law and Dispute Resolution

11.1 Governing Law

These TOS and any action related thereto will be governed by the laws of the State of New York, without regard to its conflict of laws provisions.

11.2 Dispute Resolution

Any dispute arising out of or relating to these TOS or the Service shall be resolved through binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The arbitration will be conducted in New York, New York, in the English language.

11.3 Exception for Intellectual Property Claims

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights.

11.4 Time Limitations

You agree that any claim or cause of action arising out of or related to use of the Service or these TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.

12. Changes to the Terms

12.1 Modification of TOS

We reserve the right, at our sole discretion, to modify or replace these TOS at any time. If a revision is material, we will notify you by email or by posting a notice on the Service prior to the effective date of the new terms. What constitutes a material change will be determined at our sole discretion.

12.2 Notice Period

We will provide at least 30 days' notice before any new terms take effect, giving you the opportunity to review the changes.

12.3 Continued Use

By continuing to access or use the Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must stop using the Service.

13. Miscellaneous

13.1 Entire Agreement

These TOS, together with the Privacy Policy, constitute the entire agreement between you and us regarding the Service and supersede and replace any prior agreements, oral or written.

13.2 Severability

If any provision of these TOS is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

13.3 Waiver

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

13.4 Assignment

You may not assign or transfer these TOS, or any rights or licenses granted hereunder, without our prior written consent. We may assign or transfer these TOS without restriction.

13.5 Headings for Convenience

Section headings in these TOS are for convenience only and have no legal or contractual effect.

13.6 No Third-Party Beneficiaries

These TOS do not and are not intended to confer any rights or remedies upon any person other than the parties.

13.7 Governing Language

These TOS are written in English, and any translations are provided for convenience only. In the event of a conflict between the English version and a translated version, the English version shall govern.

14. Contact Information

14.1 How to Contact Us

If you have any questions or concerns about these TOS, please contact us at:

Email: obscuraifilms@gmail.com
Address: 60 Turner Place Apt 4R, Brooklyn, NY, 11218