Terms of Service

The Terms and Conditions below are effective for all users Last Updated on October 25, 2017


Scenemuse Terms and Conditions

Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the www. scenemuse.com web site (the "Service") operated by Scenemuse, a Connecticut sole proprietorship ("Scenemuse", "us", "we", or "our").

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

Communications

You agree that Scenemuse may contact you by email in connection with our service and any item you download, including for marketing purposes. You also understand that you may opt out of receiving email messages at any time by contacting us at the email address below. If you do not choose to opt out, Scenemuse may contact you as outlined in its User Privacy Policy.

Purchases

In addition to any free downloads, if you wish to purchase any product made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

The service may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

Intellectual Property Rights

All information, materials, images, works of art, graphics, video, photographs, articles, functions, text and other content contained, displayed or reflected on the Website (collectively, “Website Content”) and all copyrights, trademarks, and other intellectual property rights in or relating to the Website Content, are the exclusive property of Scenemuse, its licensors or content providers or other third parties. The Website and the Website Content, including the selection and arrangement of the Website Content, is owned by Scenemuse and protected as a compilation under the copyright laws of the United States and other countries. Nothing herein or on the Website shall be construed as granting, by implication, estoppel, or otherwise, any license, right or permission to use any of the Website Content without Scenemuse’s prior written permission, other than a non-exclusive license for non-commercial personal use and enjoyment. You agree that, without prior, written authorization from Scenemuse, you may not and will not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works from, transmit or in any way exploit any part of the Website Content, except as permitted herein and under Section 107 of the United States Copyright Act of 1976, as amended, 17 U.S.C. § 107.

The Scenemuse name and marks, and unless otherwise noted all other trademarks, service marks, trade names, and logos displayed on the Website, are the trademarks, service marks and/or trade names of Scenemuse. Nothing herein or on the Website shall be construed as granting, by implication, estoppel, or otherwise, any license, right or permission to use any trademark, trade name, logo or service mark displayed on the Website without the owner’s prior written permission. Unauthorized use of the Scenemuse name and mark, or any other trademark, service mark or trade name displayed on the Website is strictly prohibited.

Availability, Errors and Inaccuracies

We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.

We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Accounts

When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

Social Media Accounts

You may not post to Scenemuse’s social media or any other Scenemuse Forum or otherwise transmit information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials (“Content” means the transmission of information, data, text, software, music, sound, photographs, graphics, video, messages, tags or other materials generated by a user) that:

  • is patently offensive;
  • harasses or advocates harassment of another person;
  • contains nudity, violence, pornography, sexually explicit material or offensive subject matter;
  • provides any telephone numbers, street addresses, last names or email addresses of anyone other than your own;
  • promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
  • violates any intellectual property or other proprietary right of any third party, including Content that promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
  • involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”;
  • contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
  • furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
  • solicits passwords or personal identifying information from other Members;
  • involves commercial activities and/or sales without Scenemuse ‘s prior written consent, such as contests, sweepstakes, barter, advertising, and/or pyramid schemes;
  • includes a photograph of another person that you have posted without that person’s consent or otherwise constitutes an invasion of an individual’s privacy or infringement of publicity rights;
  • denigrates, ridicules, or demeans another person; or
  • contains a virus or other harmful component.

Scenemuse may offer you the opportunity to post and/or submit information, materials, images, graphics, video, audio, software, photographs, articles, text and/or other content (“User Content”) on a Scenemuse social media account. By posting or submitting any User Content on or to any social media account, including but not limited to writings and pictures, including tagging yourself or another in any picture (regardless of the form or medium of the post or submission), you are giving Scenemuse and its affiliates, agents and third party contractors the unrestricted, royalty-free, perpetual and irrevocable right to reproduce, adapt, display, publish, distribute or modify such User Content throughout the world in any and all media and formats, whether now or hereafter developed, for any purpose whatsoever, without payment, credit or acknowledgement of source.

With respect to any User Content submitted by you to Scenemuse social media accounts, you hereby represent and warrant to us that you are legally capable to enter into contracts, that you are authorized to post or submit the User Content and that the User Content and your submission of the User Content does not violate or infringe the copyright, trademark, patent, publicity, privacy or other proprietary right of any third party. You further agree that you will not: (I) submit or publish falsehoods or misrepresentations that could damage us or any third party; (II) submit User Content that is unlawful, obscene, profane, defamatory, libelous, threatening, pornographic, hateful, abusive, harassing, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iii) submit or publish documents or information that is the confidential or proprietary documents or information of any third party; or (iv) post advertisements or solicitations of business. We reserve the right to remove, delete or refrain from publishing any User Content submitted by you without prior notice to you.

You agree that you will be solely responsible and liable for, and will indemnify Scenemuse and its officers, directors, employees and agents (“Released Parties”) from and against any losses, expenses, liabilities, claims, costs, and damages (“Claims”) arising from your submission of User Content, including, but not limited to, any Claims arising out of breach of the Site Terms or any Claims for infringement of copyright, trademark, patent or other proprietary rights. Scenemuse reserves the right to remove any content for any reason.

Third Parties

Our Service uses and may contain links to third party web sites or services that are not owned or controlled by Scenemuse.

Scenemuse has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that Scenemuse shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with, use of, or reliance on any such content, goods or services available on or through any such third-party web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Indemnification

You agree to defend, indemnify and hold harmless Scenemuse and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, or b) a breach of these Terms.

Limitation of Liability

In no event shall Scenemuse, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Washington, United States, without regard to its conflict of law provisions. User agrees that in the event of litigation, any suit brought shall be initiated in the state or federal courts in or nearest to Hartford County, Connecticut.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 15 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our 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 are no longer authorized to use the Service.

Contact Us

If you have any questions about these Terms, please contact us at hello@scenemuse.com.