PRIVACY POLICY

This Privacy Policy applies to the studio.obvious.ly website and/or times when you share your personally identifiable information with us through other voluntary means (the “Site”). We value our users’ privacy and appreciate your confidence that we will respect your privacy in a careful and sensible manner. By visiting the Site and/or using the services made available to you on the Site, you are agreeing to the terms of this Privacy Policy. Please read this policy carefully. Our business is constantly evolving and our Privacy Policy and the Site and our Terms + Conditions will also evolve. We may email periodic reminders of our notices and terms of business, unless you have instructed us not to, but you should check our Site frequently to see recent changes. Unless stated otherwise, our current Privacy Policy applies to all information that we have about you and your account. If you choose to visit the Site, your visit and any dispute over privacy is subject to this Privacy Policy and our Site’s Terms + Conditions.

2. WHAT PERSONAL INFORMATION ABOUT USERS DOES THE SITE COLLECT?

Here are the types of information we gather:

Automatic Information. For each visitor to our Site, our server automatically recognizes information regarding the customer’s domain name (or that of the visitor’s access provider) but not the email address. We may also automatically collect other non-personal information such as the type of browser you are using, the address of the website from which your visit originated, the operating system you are using, the domain name of your internet service provider, the pages you visit on the Site and the duration of your visit.

Information you give us. We also collect and aggregate information volunteered by customers such as when you communicate with us electronically.

Cookies. OBVIOUSLY STUDIO uses cookies and web beacons (also referred to as web bugs, pixel tags or clear GIFs) to manage the Site and email programs. We do not use cookies or web beacons to collect or store personal information. A cookie is a small file placed on your computer when you visit a website. Its purpose is to manage your website experience and allow for customization of the web pages presented to you when you return to the website. Web beacons are small bits of computer code that allow a website owner to track the actions of users on the site and recipients of email communications. Cookies and web beacons help us understand how consumers use the Site and email so we can design better services in the future. OBVIOUSLY SOCIAL may use cookies and web beacons to measure the effectiveness of our online advertising initiatives and determine the correlation between OBVIOUSLY STUDIO customers and the online sites they visit.

3. HOW DOES OBVIOUSLY STUDIO USE THE INFORMATION IT COLLECTS ABOUT USERS?

We share customer information only on a limited basis and with affiliates and when we have written permission from a user or users. We share it on a limited basis with agents we use from time to time to send postal mail and email, remove repetitive information from customer lists, analyze data, provide marketing assistance, and provide customer service. We use information about our users for the specific purpose for which it was volunteered. In addition, if you supply us with your postal address online, you may receive periodic mailings from us with information regarding upcoming promotional offers or events. Sometimes we also send offers to selected groups of OBVIOUSLY SOCIAL users on behalf of other businesses. When we do this, we do not give that business your name and address. If you do not wish to receive such mailings and email updates, or otherwise wish to remove your name from our list, please contact us at contact@obvious.ly. We release account and other personal information when we believe release is appropriate to comply with the law; enforce or apply our Site’s Terms + Conditions, and/or other agreements; or protect the rights, property, or safety of the Site, our users, or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction. However, this does not include selling, renting, sharing, or otherwise disclosing personally identifiable information from customers for commercial purposes in violation of the commitments set forth in this Privacy Policy. In case OBVIOUSLY STUDIO, or substantially all of its assets are acquired by one or more third parties as a result of a merger, sale, consolidation or liquidation, user information may be one of the transferred assets.

4. CHILDREN’S PRIVACY

OBVIOUSLY STUDIO is concerned about the privacy protection of children who access the internet, and we comply with the Children’s Online Privacy Protection Act (COPPA). Accordingly, the Site is not intended for use by anyone under the age of 13 without the supervision of a parent or guardian, and we do not knowingly collect Information from anyone under 13 years of age without the consent of a parent or guardian. If you are under the age of 13, please do not submit any personal information to us, you may rely on your parent or guardian to assist you.

5. CHANGES TO YOUR PERSONAL INFORMATION

You can make changes by emailing your OBVIOUSLY STUDIO account representative at contact@obvious.ly.

6. LINKS TO THIRD PARTY WEBSITES

Certain activities through the Site, such as special promotions, may be linked with those from other unrelated third party companies that offer you the option to share your personal information with the third party. We will not share your personal information with those third party companies; only you can if you make that choice. Links provided on the Site to third party websites are provided as a convenience to you and we do not control those sites or their privacy practices, which may differ from ours. We do not endorse or make any representations about any third party sites that may be accessible through the sites. We encourage you to review the privacy policy of any company before submitting your personal information. The personal data you choose to give to unrelated third parties is covered by their privacy policies, not this Privacy Policy. Some third party companies may choose to share their personal data with us; that sharing is governed by that third party company’s privacy policy.

7. HOW SECURE IS INFORMATION ABOUT YOU?

We are committed to offering our users a safe and secure environment. Our servers utilize SSL (Secure Sockets Layer) encryption technology to help protect your personal information. By using an SSL-compatible browser such as Google Chrome, you can help ensure that your personal identifiable information is unavailable to unauthorized users and processed confidentially. In the unlikely event that we believe that the security of your personally identifiable information in our possession or control may have been compromised, we may seek to notify you of that development. If a notification is appropriate or required by law, we would endeavor to do so as promptly as possible under the circumstances, and, to the extent we have your email address, we may notify you by email.

By using this Site, you consent to our use of email as a means of such notification. If you have any questions regarding our Privacy Policy, please contact us at contact@obvious.ly.

TERMS + CONDITIONS

1. WEBSITE TERMS OF USE

Welcome to studio.obvious.ly (the “Site”). We make information available to you on studio.obvious.ly subject to the following terms and conditions. If you visit the Site, You accept these Terms + Conditions. Please read them carefully. This Agreement is between you (“you” or “user”) and OBVIOUSLY STUDIO LLC (“OBVIOUSLY STUDIO”) pursuant to which OBVIOUSLY STUDIO is prepared to grant you access to this Site. OBVIOUSLY STUDIO reserves the right to change this Agreement from time to time at its sole discretion, and your rights under this Agreement will be subject to the most current version of this Agreement posted on this page at the time of your use or purchase. If you do not agree with these terms of use, do not use this Site. This Agreement is in addition to your obligations and rights under the Privacy Policy posted on the Site. For the avoidance of doubt, in the event of a conflict between this Agreement and the Privacy Policy or other terms and conditions posted on the Site, this Agreement will control. If you are unsure of your rights under this Agreement, please contact us as set forth below.

2. LICENSE AND SITE ACCESS

OBVIOUSLY STUDIO grants you a limited license to access and make personal use of this Site and not to download or modify it, or any portion of it, except with express written consent of OBVIOUSLY STUDIO. This license does not include any resale or commercial use of the site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of studio.obvious.ly or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. The Site or any portion of the Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of OBVIOUSLY SOCIAL. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of OBVIOUSLY STUDIO and its affiliates (including the parent company, “Affiliates”) without express written consent from OBVIOUSLY STUDIO. Any unauthorized use terminates the permission or license granted by OBVIOUSLY STUDIO.

3. TRADEMARKS AND SERVICE MARKS

Unless otherwise indicated, all names, graphics, designs, logos, page headers, button icons, scripts, commercial markings, trade dress, and service names included in the Site are trademarks of OBVIOUSLY STUDIO or its licensors, sponsors or suppliers and are protected by trademark laws. The trademarks may not be used in any manner that is likely to cause confusion to, or in any manner that disparages or discredits, OBVIOUSLY SOCIAL. OBVIOUSLY STUDIO and its logo are, without limitation, among the registered trademarks of OBVIOUSLY STUDIO and its Affiliates. Infringement of any OBVIOUSLY SOCIAL trademark is not permitted.

4. COPYRIGHTS

All content including product designs (including any and all collateral materials relating thereto) included on this Site are owned by OBVIOUSLY STUDIO and/or its licensors and protected by copyright laws and/or design patents. You agree not to use, display, reproduce, retransmit, modify, distribute, disseminate, sell, publish, create derivative works of, broadcast, circulate, display or in any way exploit any such content, in whole or in part, whether by email or by any other means, for any purpose other than for your personal, non-commercial use as set forth herein. You are not allowed to use any product designs without OBVIOUSLY STUDIO’s express written agreement.

5. OUR PRODUCTS

OBVIOUSLY STUDIO attempts to be as accurate as possible in its product descriptions. However, OBVIOUSLY STUDIO does not warrant that product and price descriptions or other content of this site are accurate, complete, reliable, current, or error-free.

6. COMMUNICATIONS AND OTHER CONTENT

Visitors may submit suggestions, ideas, comments, questions, or other information, to our User Service Department so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any content. If you do submit material, you automatically grant OBVIOUSLY STUDIO and its Affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content in any media throughout the world. You grant OBVIOUSLY STUDIO and its Affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you submit; that the content is accurate; that use of the content you supply does not violate these terms of use and will not cause injury to any person or entity; that the content you supply does and will not infringe any party’s intellectual property, publicity, privacy, or other rights and that such content is and will not be defamatory or libelous; and that you will indemnify OBVIOUSLY STUDIO and/or its Affiliates for all claims resulting from content you supply. OBVIOUSLY STUDIO has the right but not the obligation to monitor and edit or remove any activity or content. OBVIOUSLY STUDIO takes no responsibility and assumes no liability for any content shared by you or any third party through the Site.

7. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THIS SITE AND ALL INFORMATION CONTAINED THEREIN ARE PROVIDED BY OBVIOUSLY STUDIO ON AN “AS IS” AND “AS AVAILABLE” BASIS. OBVIOUSLY SOCIAL MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION AND AVAILABILITY OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS PRESENTED ON THE SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, OBVIOUSLY STUDIO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. OBVIOUSLY STUDIO DOES NOT WARRANT THAT THE SITE, ITS SERVERS, OR EMAIL SENT FROM OBVIOUSLY SOCIAL ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR ERRORS. OBVIOUSLY STUDIO WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL OBVIOUSLY STUDIO’S LIABILITY TO YOU IN CONNECTION WITH THIS SITE AND THESE TERMS AND CONDITIONS AND THE PRIVACY POLICY EXCEED $500.00. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

8. INDEMNIFICATION

You agree to indemnify OBVIOUSLY STUDIO and its Affiliates against all damages, liabilities, costs, charges and expenses, including reasonable attorneys’ fees, that OBVIOUSLY STUDIO may incur as a result of your breach of any of these Terms + Conditions or any claims brought against OBVIOUSLY STUDIO and/or its Affiliates relating to information submitted by you or actions taken by you. We will provide you with timely notice of any such claim, suit or proceeding.

9. PRIVACY

Please review our Privacy Policy, which also governs your visit to the Site, to understand our practices.

10. SECURITY

Please review our security practices set forth in our Privacy Policy.

11. GOVERNING LAW; EXCLUSIVE JURISDICTION

This Agreement shall be governed by and construed in accordance with the laws of the State of New York, U.S.A., without giving effect to its conflict of law rules and applicable U.S. federal law. In the event of any dispute hereunder, you and OBVIOUSLY STUDIO hereby consent to the exclusive jurisdiction and venue of the courts of the State of New York in New York County or the Federal courts of the United States of America located in the Southern District of New York (as permitted by law). The parties expressly disclaim the application of the United Nations Convention on Contracts for the International Sale of Goods.

12. FORCE MAJEURE

OBVIOUSLY STUDIO shall have no liability to you for any delay or failure in carrying out its obligations to any customer for reasons beyond OBVIOUSLY STUDIO’s control, including without limitation, acts of God, war or terrorism, natural disasters, charges in or compliance with laws, regulations or governmental policies and shortages of supplies and services. OBVIOUSLY STUDIO may extend delivery of an order so affected without liability to the customer except for the return of any payment made by the customer to OBVIOUSLY STUDIO with respect to any undelivered portion of the order so canceled.

13. GENERAL

By your continued use of this site, you acknowledge that you have read and understand these Terms of Use and you agree to act in accordance with its terms and conditions and be bound by them. These Terms of Use shall not be altered or modified in any way without the prior written consent of OBVIOUSLY STUDIO. OBVIOUSLY STUDIO’s failure to act with respect to a breach by you or others does not waive OBVIOUSLY STUDIO’s right to act with respect to subsequent or similar breaches. If you are acting as an agent for a principal (including on behalf of your employer), you and the principal, jointly and severally, assume all of your obligations set forth in this Agreement. If any part of this Agreement is found by any court to be invalid, illegal or unenforceable, that part shall be discounted and the rest of this agreement shall continue to be valid and enforceable to the fullest extent permitted by law. If you have any questions regarding this Terms of Use for this Site, please contact us at info@obvious.ly

OBVIOUSLY STUDIO USA LLC Last Updated: February, 2015

MOBILE TERMS + CONDITIONS

1. COST TO PARTICIPATE

Although the OBVIOUSLY STUDIO, LLC Mobile Programs are complimentary and require no purchase or fee for participation, message and data rates may apply. Check your mobile plan for more details. Subscribers will receive one message each time they text a keyword.

2. QUESTIONS

You can contact us at info@obvious.ly at any time, from your mobile phone. We can answer any questions you have about the program.

3. TERMS AND CONDITIONS

By participating in OBVIOUSLY STUDIO’s Mobile Program, you are agreeing to the terms and conditions presented here.

4. PRIVACY POLICY

For details regarding privacy, please see our privacy

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