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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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