Terms of Service (Terms of Use)
1. The website
FWSCENE.COM, this website and the contents and
services provided on this website constitute a
service of FWSCENE.COM. The website is accessible
worldwide at no additional charge to anyone with
Internet access. Access to and use of the website
is subject to these Terms of Use in effect from
time to time and the laws and regulations of the
State of Texas and the United States of America.
FWSCENE.COM reserves the right to change the
Terms at any time with or without prior notice.
BY USING THIS WEBSITE, YOU EXPRESSLY AGREE TO
THE TERMS. In addition, when using any of the
FWSCENE.COM Services, you are subject to any
posted guidelines either by FWSCENE.COM or a third party
service provider or rules applicable to such
services which may be modified from time to
time. All such guidelines are deemed incorporated
by reference into these Terms of Use.
2. Proprietary Materials
The materials used and displayed on the website, including
but not limited to all text, software, photographs, graphics,
illustrations, artwork, video, music, sound, names, logos,
trademarks, and service marks ("Proprietary Materials")
are, unless oherwise indicated, the property of
FWSCENE.COM or its affiliates or licensors and are
protected by copyright, trademark, and other laws.
Proprietary Materials are displayed solely for your
personal, non-commercial use. You agree not to modify,
reproduce, retransmit, distribute, disseminate, sell,
publish, broadcast, or circulate any such material
without the express written permission of FWSCENE.COM
and the appropriate affiliate. You further agree that you will
not take any action that imposes an unreasonable or
disproportionately large load on our infrastructure.
3. Reporting Copyright Infringement
To report copyright infringements on this website, please notify
FWSCENE.COM. Please note that under the Digital Millenium
Copyright Act (or "DMCA") of the United States, copyright
owners who wish FWSCENE.COM to remove their copyrighted
material in response to reports of infringements may have to
comply with certain requirements in their notices to
FWSCENE.COM. If you are such a copyright owner, you
may wish to consult an attorney to determine if the DMCA
requirements are applicable to your case.
4. Trademark Notice
All trademarks, service marks and logos used on the
website are the trademarks, service marks or logos of their respective owners.
5. Acknowledgments
You are responsible for obtaining and maintaining all
telephone, computer hardware and other equipment
needed to access and use the website, and all charges
related thereto. The website may contain links to other
websites operated by third parties ("Linked Sites").
FWSCENE.COM and its sponsors neither endorse nor
are affiliated with the Linked Sites and are not responsible
or liable for any content, advertising, products, services or
other materials that appear on or are available on or
through such Linked Sites (the "Linked Content").
FWSCENE.COM 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 the use of
or reliance on any Linked Content.
6. Making Purchases
If you wish to make purchases of products or services on
the website, you may be asked by FWSCENE.COM
or the applicable merchant or website provider to supply
certain information, including but not limited to credit
card or other payment information. You understand that
any such information will be treated by FWSCENE.COM
in the manner described in its Privacy Policy. You agree
that all information that you provide to FWSCENE.COM
or to any such merchant or service provider will be
accurate, complete and current, and that you will pay
all charges incurred by users of your account, credit card
or other payment mechanism at the prices in effect when
such charges are incurred, and any applicable taxes.
7. Void Where Prohibited
Although the website is accessible worldwide, not all
products or services offered on or through the website
are available to all persons or in all geographic locations
or jurisdictions. FWSCENE.COM reserves the right to
limit the availability of the website and/or the provision of
any product or service to any person, geographic area or
jurisdiction, in its sole discretion, and to limit the
quantities of any such product or service. Any offer for
any product or service made on or through the website is
void where prohibited.
8. Code of Conduct
If this website includes bulletin boards, chat rooms,
and other services which allow you and other users
to post or transmit information, provide feedback to
FWSCENE.COM and its affiliates, and interact with
others, while using the website, you agree not to:
Restrict or inhibit any other user from using and
enjoying the website; Upload, post or transmit any
material which is unlawful, fraudulent, harmful,
threatening, abusive, harassing, tortious, libelous,
defamatory, vulgar, obscene, hateful, invasive of
privacy or publicity rights, or racially, ethnically or
otherwise objectionable; Harm minors in any way;
Impersonate any person or entity or falsely state
or otherwise misrepresent your professional or other
affiliation with any person or entity; Without
FWSCENE.COM's prior written approval, upload, post
or transmit any advertising, promotional materials,
"junk mail," "spam," "chain letters," "pyramid
schemes," or any other form of solicitation; Upload,
post or transmit any material that contains a virus,
worm, time bomb, Trojan horse, or any other
disruptive or harmful component; Disrupt the normal
flow of dialogue or otherwise act in a manner that
negatively affects other users' ability to engage in
real time exchanges through the website (including,
without limitation, by the excessive use of scripts,
sound waves or scrolling); Interfere with or disrupt the
use of the website or servers or networks connected
to the website, or disobey any requirements,
procedures, policies or regulations of such networks;
Forge headers or otherwise manipulate identifiers in
order to disguise the origin of any material you upload,
post or transmit; Upload, post or transmit any material
in violation of another party's patent, copyright,
trademark, trade secret, or other intellectual property
rights; Upload, post or transmit any material that you
do not have a right to transmit under any law or under
contractual or other relationships (including, without
limitation, proprietary and confidential information);
Intentionally or unintentionally violate any applicable
local, state, national, or international laws or any
regulations having the force of law; Modify, adapt,
sublicense, translate, sell, distribute, broadcast,
exploit for commercial purposes, reverse engineer,
decompile, or disassemble any portion of the website;
"Stalk" or otherwise harass another party; or
Collect or store personal data about other users of
the website.
9. Disclosure
FWSCENE.COM has the right, but no obligation,
to monitor the website. FWSCENE.COM may
disclose any material uploaded, posted or transmitted
on or through the website to any third party in order to:
(a) operate the website, (b) enforce these Terms,
(d) comply with legal obligations or governmental
requests, (d) respond to claims that any such material
violates the intellectual property or other rights of third
parties, and (e) protect itself and its sponsors,
licensors, affiliates, customers and the public.
FWSCENE.COM reserves the right, at any time and
with or without notice, to refuse to post or to remove
any such material, in whole or in part, that is, in its
sole discretion, in violation of these Terms or any
applicable law.
10. Warranty and Limitation of Liability
The website contains information, facts, and opinions
from various individuals and organizations. YOU
ACKNOWLEDGE AND AGREE THAT THE WEBSITE,
THE MATERIAL UPLOADED, POSTED OR
TRANSMITTED ON OR THROUGH THE WEBSITE,
AND ANY PRODUCT OR SERVICE AVAILABLE ON
OR THROUGH THE FWSCENE.COM SITE ARE
PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS WITHOUT WARRANTIES OF ANY KIND,
EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, WARRANTIES OF TITLE,
NONINFRINGEMENT, MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE (OTHER
THAN THOSE WARRANTIES WHICH ARE IMPLIED
BY LAW AND INCAPABLE OF EXCLUSION,
RESTRICTION OR MODIFICATION UNDER THE LAWS
APPLICABLE TO THESE TERMS). YOU FURTHER
ACKNOWLEDGE AND AGREE THAT ANY WARRANTY
THAT IS PROVIDED IN CONNECTION WITH ANY
OF THE PRODUCTS OR SERVICES DESCRIBED
HEREIN IS PROVIDED SOLELY BY THE OWNER,
ADVERTISER OR MANUFACTURER OF THAT
PRODUCT AND/OR SERVICE, AND NOT BY
FWSCENE.COM. FWSCENE.COM MAKES NO
WARRANTY THAT THE SERVICE AND THE
MATERIAL UPLOADED, POSTED OR TRANSMITTED
ON OR THROUGH THE WEBSITE WILL MEET YOUR
REQUIREMENTS, OR THAT YOUR ACCESS TO
AND USE OF ANY OF THE FOREGOING WILL BE
UNINTERRUPTED, TIMELY, ACCURATE, RELIABLE,
ERROR-FREE, OR SECURE. YOU ASSUME TOTAL
RESPONSIBILITY AND RISK FOR YOUR USE OF THE
WEBSITE. YOU ACKNOWLEDGE AND AGREE THAT
FWSCENE.COM, ITS AFFILIATES, ITS SPONSORS,
ITS LICENSORS, AND ITS AND THEIR RESPECTIVE
DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS
ARE NOT RESPONSIBLE OR LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL,
SPECIAL, EXEMPLARY, PUNITIVE OR OTHER
DAMAGES (INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOSS OF PROFITS, GOODWILL,
OR DATA) UNDER ANY CONTRACT, NEGLIGENCE,
STRICT LIABILITY OR OTHER THEORY ARISING
OUT OF OR RELATING IN ANY WAY TO THIS
AGREEMENT, THE WEBSITE AND/OR ANY
MATERIAL UPLOADED, POSTED, OR TRANSMITTED
ON OR THROUGH THE WEBSITE. WITHOUT LIMITING
THE FOREGOING, YOU SPECIFICALLY
ACKNOWLEDGE AND AGREE THAT FWSCENE.COM
IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE
OR ILLEGAL CONDUCT OF OTHER USERS OR
THIRD-PARTIES, AND THAT THE RISK OF INJURY
FROM THE FOREGOING RESTS ENTIRELY WITH
YOU. YOUR SOLE REMEDY FOR DISSATISFACTION
WITH THE WEBSITE AND/OR ANY CONTENT
UPLOADED, POSTED OR TRANSMITTED ON OR
THROUGH THE WEBSITE IS TO STOP USING THE
SITE AND/OR THOSE SERVICES.
The website could include inaccuracies or errors, and
unauthorized additions, deletions and alterations could
be made by third parties to the website. You understand
that all material uploaded, posted or transmitted on or
through the website, whether publicly or privately, is the
sole responsibility of the person uploading, posting or
transmitting it. In many instances, the material uploaded,
posted or transmitted on or through the website represents
the opinions and judgments of the respective information
provider. FWSCENE.COM neither endorses nor is
responsible for the accuracy or reliability of any opinion,
advice or statement made on the website by anyone
other than authorized FWSCENE.COM employee
spokespersons acting in their official capacities. It is
your responsibility to evaluate the accuracy, completeness
or usefulness of such material.
11. Indemnification
You agree to indemnify, defend and hold harmless
FWSCENE.COM, its affiliates, its sponsors, its licensors,
and its and their respective directors, officers, employees
and agents from and against any and all claims, actions,
suits, proceedings, judgments, damages, losses, liabilities,
costs and expenses (including, without limitation,
reasonable attorneys' fees) arising directly or indirectly
out of or in connection with (a) your breach of these
Terms (including, without limitation, your violation of the
Code of Conduct above), and/or (b) any material uploaded,
posted or transmitted by you on or through the website.
12. Submissions
You acknowledge and agree that, by submitting material
to FWSCENE.COM, you grant to FWSCENE.COM a
royalty-free, perpetual, irrevocable, non-exclusive,
worldwide right and license to link to, use, reproduce,
transmit, modify, adapt, publish, display, perform,
distribute, translate, create derivative works from, and
sublicense such material (in whole or in part) and/or to
incorporate it in other works in any form, media or
technology now known or hereafter developed for the
full term of any copyright that may exist in such material.
Further, by submitting material to FWSCENE.COM,
you acknowledge and agree that you have the authority
to grant such rights to FWSCENE.COM.
13. Use of a Secure Area and Password
Use of any password-protected area of the website is
restricted to the individual who has been given permission
and a password to enter such area (the "Authorized Party").
The password cannot be distributed to others, and the
Authorized Party is responsible for any and all damages
to FWSCENE.COM resulting from the distribution of his
or her password. If more than one individual wishes to
use a single password belonging to an Authorized Party,
such Authorized Party must request permission from
FWSCENE.COM in writing, it being understood that
FWSCENE.COM shall be under no obligation to approve
any such request.
14. Modifications
FWSCENE.COM shall have the right at any time and
for any reason, in its sole discretion, to : (a) modify these
Terms, (b) modify the website (including, without limitation,
removing or discontinuing any material or service, restricting
the hours of availability, or limiting the amount of use
permitted) and/or (c) modify any fees or charges for use
of the website (including, without limitation, instituting
new or increased fees or charges for the use of any
service thereof). Such modifications shall be deemed
effective immediately upon notice, which may be given
by means including, but not limited to, posting on the
website or electronic mail. Your use of the website after
such modifications shall be deemed to constitute your
acceptance of such modifications. You are expected to
review these Terms periodically to ensure familiarity
with the most current version.
15. Termination
FWSCENE.COM shall have the right, at any time
and for any reason, in its sole discretion and with or
without notice, to immediately terminate these Terms
and/or any individual's access to and use of the website
and/or such user's password(s) or account(s), in whole
or in part (including, without limitation, in the event of
any conduct by such user which FWSCENE.COM
deems inappropriate or offensive, any breach of these
Terms or any applicable law).
16. Miscellaneous
These Terms will be governed by and construed in
accordance with the laws of the State of New York,
U.S.A., without regard to its conflicts-of-law principles.
These Terms constitute the entire agreement between
you and FWSCENE.COM, and any and all prior or
contemporaneous written or oral terms or agreements
are expressly canceled. No waiver by FWSCENE.COM
of any breach or default hereunder shall be deemed
to be a waiver of any preceding or subsequent breach
or default. You may not assign, delegate or otherwise
transfer these Terms or any of your rights and
obligations hereunder without FWSCENE.COM's prior
written consent. If any provision in these Terms is held
to be unlawful, void or unenforceable, then such provision
shall be deemed severable from these Terms and shall
not affect the validity or enforceability of the remaining
Terms. Any heading, caption, or paragraph title contained
in these Terms is inserted only as a matter of convenience
and in no way defines or explains any paragraph or
provision hereof.
Contact FWSCENE.COM
Fort Worth Scene
(817) 370-1169 (Phone)
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