Last modified: December 31, 2019
These Terms of Service are an agreement, entered into by and between you and Scener, Inc. (“We” or “Our” or “Us), and govern your use of Scener™ and related products, features, apps, services, technologies, and software.
Please read the Terms of Service carefully because they govern your access to and use of Scener and all related services, content, functionalities offered on or through Scener, including any software, web browser extensions, mobile applications and related documentation.
Scener provides its users with a platform for content recommendations, co-watching and providing commentary. These Terms of Service apply to all users of the Service ("Users"). Users may contribute to the Service text, graphics, photos, sounds, music, videos, and other materials (“Content”) you may view on or access through the Service. We might not monitor or review all Content and We assume no responsibility for it. Except as described in these Terms of Service, We will not censor or edit materials from Users. By using the Service, you expressly relieve Us from any and all liability relating to your encounters or interaction with Content from Users.
The Service may contain links to or interoperate with third-party websites that are not owned or controlled by Us. We have no control over, and assume no responsibility for, any third-party websites and the materials on them or their policies and practices. We encourage you to be aware and inform yourself of the relevant third-party website policies and agreements that you may encounter while you use Our Service. If a third-party website sets forth requirements, such as for membership, registration, or passwords, you must comply with the third-party website. We will not censor or edit materials from any third-party website. By using the Service, you expressly relieve Us from any and all liability relating to your use of any third-party websites.
You may link to Our homepage, provided you do not do so in a way that suggests any form of association, approval or endorsement on Our part without Our express written consent. Other than allowed by the social media features provided by Us, you may not link to other pages on Our Service other than the homepage.
The Service may provide certain social media features that enable you to:
You may use these social media features solely as they are provided by Us. We may disable all or any social media features and any links at any time without notice at Our discretion.
Subject to the terms and conditions herein, the Service We offer enables you to access certain features, functionality, and information, which may include, without limitation, providing you with the ability to:
The Service, including the website, Our trademarks, software, features, and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Us, Our affiliates, Our licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
You are permitted to use the Service for your personal, non-commercial use only. If We provide software to you as part the Service, then We grant you a non-exclusive license to install and use the software subject to the terms and conditions of this Terms of Service. You will not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the Service, except as are enabled by social media features (e.g. Facebook, Twitter) We provide.
You will not:
Any use of the Service not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark and other laws.
If you are over 18 years old, Our Service is available to you, subject to other restrictions in this Terms of Service. Our Service is not offered to users who are 12 years old or younger. If you are a user between the ages of 13 and 18, review these Terms of Service with your parent or guardian. Your parent or guardian must agree to these Terms of Service on your behalf. By using the Service, you represent and warrant that you are of legal age to form a binding contract with Us or have the consent of your parent or guardian.
We provide the Service for use only by persons located in the United States. We make no claims that the Service, the included software, or any of its Content is accessible, functional, compatible, or appropriate outside of the United States. Access to the Service may not be legal by certain persons or in certain countries. You may not use Our Service if you are prohibited by law from receiving Our products, services or software.
We may remove or change the Service at Our sole discretion without notice. From time to time, We may restrict access to some parts or all of the Service to Users.
You must treat your user name, password, and any other piece of information necessary to access the Service (your “Account Information”), as personal and confidential, and you must not disclose it to anyone. You will not provide any other person with access to the Service using your Account Information. You will notify Us immediately of any unauthorized access to or use of your Account Information or any other breach of security. We will not be liable for your losses caused by any unauthorized use of your account. However, you can be liable for the losses incurred by Us as a result of such unauthorized use.
We have the right to disable your account and/or your Account Information at any time if, in Our opinion, you have violated any provision of the Terms of Service. We have the right to pursue any available legal process, where applicable, that arises due to the violation of these Terms of Service.
The Service contains interactive features that allow you to post, submit, publish, display or transmit (“Post”) Content. We do not guarantee any confidentiality in relation to these Posts. You will be solely responsible for your own Content and the consequences of Posting your Content. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you Post; and you grant a limited license to Us of all patent, trademark, trade secret, copyright, or other proprietary rights in and to such Content as is necessary for Us to exercise the licenses you grant to Us in these Terms of Service.
You agree that Content you Post to the Service will not contain third-party copyrighted material, or material that is subject to other third-party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to Post the material and to grant Us all of the license rights granted to us in operating the Service. You further agree that you will not Post to the Service any Content or other material that is contrary to applicable local, national, and international laws and regulations.
We do not endorse any Content Posted to the Service by any User, or any opinion, recommendation, or advice expressed therein, and We expressly disclaim any and all liability in connection with Content. We will remove Content if properly notified that such Content infringes on another's intellectual property rights. We reserve the right to remove Content without prior notice.
Permission to use Content you create and make available to public.
You own the Content you create and share on Scener. You may share your content with anyone else, in any manner that you choose. If you want to Post your Content on or through the Service, We require certain legal permissions.
When you Post Content, you grant Us a non-exclusive, transferable, sub-licensable, royalty-free, and worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your content (consistent with your privacy and other account settings).
You can end this license any time by deleting your Content. You should know that, for technical reasons, Content you delete may persist for a limited period of time in backup copies (though it will not be visible to other Users).
Permission to use your name and likeness; information about your actions with Our Service, ads and sponsored content.
Permission to update software you use or download.
If you download or use Our software, you give Us permission to download and install upgrades, updates, and additional features to improve, enhance, and further develop it.
We have the right to:
We do not necessarily monitor or review use of Our Service by Users and/or promptly remove any Content that violates the above restrictions.
Without limiting the foregoing, We have the right to fully cooperate with any law enforcement authorities or court order requesting or directing Us to disclose the identity or other information of anyone posting any materials on or through the Service.
YOU WAIVE AND HOLD HARMLESS US, OUR AFFILIATES, LICENSORS, AND SERVICE PROVIDERS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS, SUCCESSORS AND ASSIGNS (COLLECTIVELY "RELEASED PARTIES") FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN OR NOT TAKEN BY US/ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS CONCERNING THE ABOVE AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER US/SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
If you are a copyright owner or an agent thereof and believe that any Content on the Service infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing Our Designated Copyright Agent (listed below) with the following required information in writing (see 17 U.S.C. 512(c)(3) for further details):
Written notification of claimed infringement must be submitted to the following Designated Agent:
999 3rd Ave, Suite 3300
Seattle, WA 98104 USA
If you are a User and your Content was removed (or access thereto was disabled) due to a DMCA claim and you believe that your Content is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to applicable law, to make that Content available to Us for use on the Service, you may send a counter-notice containing the following information to Our Designated Agent:
You understand that We cannot and do not guarantee or warrant that files available for downloading from the Service, including the software, will be free of viruses or other destructive code. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICE, THE SOFTWARE, OR MATERIALS OBTAINED THROUGH THE SERVICE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. YOUR USE OF THE SERVICE, CONTENT, THE SOFTWARE, ANY MATERIALS VIEWED OR OBTAINED THROUGH THE SERVICE, AND ANY WEBSITE LINKED IS AT YOUR OWN RISK. THE SERVICE, CONTENT, THE SOFTWARE, ANY MATERIALS VIEWED OR OBTAINED THROUGH THE SERVICE, AND ANY WEBSITE LINKED ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER WE NOR ANY PERSON ASSOCIATED WITH US MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICE AND ALL OF THE ABOVE. WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR ANYONE ASSOCIATED WITH US REPRESENTS OR WARRANTS THAT THE SERVICE, ITS CONTENT (INCLUDING CONTENT), THE SOFTWARE, ANY MATERIALS VIEWED OR OBTAINED THROUGH THE SERVICE, AND ANY WEBSITE LINKED WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICE, THE SOFTWARE, OR MATERIALS OBTAINED THROUGH THE SERVICE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. WE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND TO THE FULLEST EXTENT OF THE LAW, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
IN NO EVENT WILL THE RELEASED PARTIES BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SERVICE, INCLUDING THE SOFTWARE, OR SUCH OTHER WEBSITES OR ANY MATERIALS VIEWED OR OBTAINED THROUGH THE SERVICE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE OR WE RECEIVED NOTICE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify and hold harmless the Released Parties from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Service or your use of the Service, including, but not limited to, your Content, any use of other Users' Content, the software, and products other than as expressly authorized in these Terms of Service or your use of any information obtained from the Service.
All matters relating to the Service and these Terms of Service and any dispute or claim arising therefrom or related thereto, will be governed by and construed in accordance with the internal laws of the State of Washington without giving effect to any choice or conflict of law provision or rule (whether of the State of Washington or any other jurisdiction).
Any legal suit, action or proceeding arising out of, or related to, these Terms of Service or the Service will be instituted exclusively in the federal courts of the United States or the courts of the State of Washington King County, although We retain the right to bring any suit, action or proceeding against you for breach of these Terms of Service in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
At Our sole discretion, We may require you to submit any disputes arising from the use of these Terms of Service, the Service, including the software, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Washington State law.
These Terms of Service constitute the complete and exclusive agreement between you and Us. No waiver or failure to assert a right by Us of any term or condition set forth in these Terms of Service will be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be unenforceable for any reason, such provision will be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.
You cannot transfer any of your rights or obligations under this Terms Service to anyone without Our express consent.
These Terms of Service do not confer any third-party beneficiary rights. All rights and obligations under this Terms of Service are freely assignable by Us in connection with a merger, acquisition, or sale of assets, by operation of law or otherwise.
You may contact us with any questions regarding the Service and your user registration and account: firstname.lastname@example.org
Last modified: December 31, 2019
We collect information that is necessary to provide and improve our Services, to communicate with you, to conduct our operations effectively, and to support customer relations. Information collected may include:
While most of this data come directly from you, such as information you provide when you sign up for Services or information we gather when you use our Services, we sometimes receive information from third parties such as:
Our services are not targeted at children and we do not intentionally or knowingly collect personal information from children under the age of 13.
When using our Services, you may provide us with information about third persons which we may also collect. These circumstances might arise if you use our Services to connect with friends, family, or colleagues or if you use our Services to share content, including comments and criticisms, and this content contains personal information about third persons that is stored in order to permit sharing.
We use information to provide you with our Services, as well as to enable our operations. Such uses might include:
We may also disclose your personal information:
We also use third-party analytics providers such as Google Analytics and Mixpanel to help us compile aggregated statistics about the operation and effectiveness of our Services. Analytics providers set or read their own cookies, or other identifiers on your device, and transmit events through which they can collect information about your use of our websites and those of other companies.
Learn more about our analytics providers:
If you search for specific content on the Scener website, the search terms may be embedded in the "search string" that appears in the URL display window of your web browser. Certain advertising services or third-party content providers may associate these search strings with cookies they set or retrieve from our pages.
You can review and change your personal information, and opt out of receiving marketing emails, by logging into the Services and visiting your account profile page.
If you delete your content from our Services, copies of your content may remain viewable in cached and archived pages, or might have been copied or stored by other users of our Services.
Please also refer to the 'Contact Information' section for additional ways of contacting us.
If you are a California resident and the processing of personal information about you is subject to the California Consumer Privacy Act (CCPA), you have certain rights with respect to that information.
California residents also have a right to request that we delete personal information under certain circumstances, subject to several exceptions.
California residents have the right to opt-out from future “sales” of personal information. Note that the CCPA defines “sell” and “personal information” very broadly such that making personal information available to third-party advertising companies can be considered a “sale” in some circumstances. While we made such information regarding California residents available to advertising companies in the preceding 12 months, as described in the “when and how do we share personal information with third parties?” section of this Policy, we do not currently do so and thus do not currently “sell” information related to California residents.
To exercise the right to know or the right to request deletion, please refer to the “how to access, update and delete your personal information” section. California residents also have the right to not be discriminated against if they choose to exercise any of the above rights.
999 3rd Ave, Suite 3300
Seattle, WA 98104 USA
Alternatively, you can email us at email@example.com.
Last updated: September 10, 2019
Users may contribute to the Service through text, graphics, photos, sounds, music, videos, comments and other materials (“Content”) which you may view or access through the Service. If enough users report Content the Content will be automatically removed from Scener. We may review the removed Content to confirm whether it violates these Community Guidelines and may, at our discretion, restore Content. We also have discretion to remove Content that we think violate these Community Guidelines.
Content must comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, Content must not:
You are prohibited from accessing and using the Services:
If you feel a user is violating these Community Guidelines, you should report them to us by sending an email to: firstname.lastname@example.org.
If you are a copyright owner or an agent thereof and believe that any Content on the Service infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by following the procedure set out in our Terms of Service.
Last modified: December 31, 2019
Cookies allow our website and online services to "recognize" your device and to display information that is relevant to you. When you return to Scener websites your settings are maintained and we can personalize content, banners, advertisements and promotions that you will see when you visit Scener websites and use Scener Services. These technologies also enable us to cache some elements of the Scener Services to improve their performance. The following describes the types of cookies we use:
To recognize our users' preferences (last item viewed, preferred startup page etc.) and remembering subscribers' and registered account holders' information such as username or ID.
These are placed by Scener or our partners for advertising purposes. Upon your return to our websites, we can personalize advertisements and promotions.
To develop aggregated statistics about how visitors use our websites, including the number of visitors to the site, where visitors come from, and the pages they visited. These cookies help us understand traffic patterns on Scener websites so that we can improve our customers’ experience and provide make it easier to find relevant content and information.
In order to opt out from cookie collection, please use a browser capable of this setting. These settings are typically found in the options or preferences menu in your browser. You can also use plugins to help you preserve your opt out cookies. For more information, please visit About Ads. Scener does not require that you accept cookies, however, some functionality on our websites, products, and services will be impaired if you decline to accept cookies.
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