These terms and conditions (“Terms”) govern and apply to anyone accessing or using the website located at www.ourseattlescene.com and any other website(s) owned and/or operated by Seattle Scene (including any of its subsidiaries or corporate affiliates, collectively, \"The Seattle Scene,\" \"we,\" \"us\" or \"our\") and any of their associated web pages (collectively, our “Services”).
Seattle Scene reserves the right to update, change, modify or otherwise alter these Terms at any time. ANY ACCESS OR USE OF THE SERVICES BY YOU AFTER THE CHANGES GO INTO EFFECT SHALL CONSTITUTE AND BE DEEMED YOUR AGREEMENT TO THESE TERMS. If you do not want to be bound by these Terms, do not use or access any part of the Seattle Scene website. Seattle Scene may terminate any portion thereof, any website or webpage within the Services or any products or services offered through the Services, or terminate your right to access or any portion thereof without notice and at any time for any reason. In the event of such termination, you are no longer authorized to access this website, and the restrictions imposed on you with respect to the Content (as defined herein), and the disclaimers, indemnities, and limitations of liabilities set forth in these Terms, shall each survive such termination.
Access To and Use of the Services
You may use the Seattle Scene website solely for your personal and non-commercial use. You agree to only access solely for legal purposes as allowed by these Terms. (The Seattle Scene website is hosted on servers located in the United States of America and is intended to be viewed by residents of the United States only). Amongst other things, you agree not to:
▪ modify, copy, distribute, transmit, display, perform, reproduce, publish license, create derivative
works from, frame, use, transfer or sell any information, software, products, services or Content
(as defined below) provided through or obtained from Seattle Scene, including without
limitation, engage in the practice of \"screen scraping,\"or any other similar activity;
▪ hack into Seattle Scene or any of its websites, or modify another website so
as to falsely imply that it is associated or affiliated with Seattle Scene;
▪ damage, disable, overburden, transmit any worms or viruses or any code of a destructive
nature, or interfere with any other party\'s use and enjoyment of the Services;
violate any applicable laws, rules or regulations in your jurisdiction (including but not limited to
trademark and copyright laws); or access or attempt to access any password-protected, secure
or non-public areas without the express permission of Seattle Scene.
The website and all Content (as defined below), features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) that appears as part of or on the website are the property of Seattle Scene and/or a third party (which may be indicated by a link to or from an external source, or otherwise). Content is provided through Squarespace and you agree that the use of and reliance on any Content is at your own risk, and that under no circumstances shall Seattle Scene be liable for any Content or for any loss or damage of any kind incurred as a result of your use of any Content made available via Seattle Scene.
Seattle Scene as a whole and all Content thereon is protected by copyright, and trademark laws of the United States, as well as international treaties, conventions and the laws of other countries, as applicable. Except as may be expressly permitted by Seattle Scene, you may not use, reproduce, copy, modify, publish, transmit, distribute, perform, display, download, license, enter into a database, create derivate works from, reverse engineer, frame, transfer, or sell any Content obtained from, through or on Seattle Scene website, in whole or in part. Any use of the Content, except as specifically provided in these Terms, is strictly prohibited.
All information, text, graphics, images, photographs, logos, illustrations, descriptions, data, designs, icons, video clips, audio clips, sounds, files, trademarks, copyrighted material, trade dress, interfaces, software, specifications, catalogs, literature, advertisements, titles, names, User Generated Content (as defined below) and any other materials provided on and are owned by Seattle Scene and/or third parties, and are collectively referred to as \"Content.\" The Content may contain omissions, errors, or may be out of date. Seattle Scene reserves the right, in its sole discretion, to change, delete, update, modify or otherwise alter the Content at any time without providing notice to you. The Content is provided for informational purposes only and is not binding on Seattle Scene in any way except to the extent that it is specifically indicated to be so.
We do not control, approve, sponsor or endorse any third-party Content, products or services and make no representations regarding, and are not liable or responsible for the accuracy, completeness, timeliness, reliability or availability of any third-party Content, products or services. Any third-party Content, products or services posted on, transmitted through, or linked to from Seattle Scene are the sole responsibility of the third-party originator of such Content. Links to any third-party Content are provided for your convenience only. If you choose to access any third-party Content, you do so at your own risk. YOU ACKNOWLEDGE AND AGREE THAT SEATTLE SCENE IS NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS A RESULT OF ACCESSING A THIRD-PARTY WEBSITE, OR ANY DEALINGS WITH ANY THIRD-PARTY WEBSITE, OPERATOR THEREOF, OR ANY THIRD-PARTY CONTENT, PRODUCTS OR SERVICES.
Any concerns regarding Content and/or availability of hyperlinks of a third party on Seattle Scene, which are not controlled by Seattle Scene, should be directed to the third party that controls such Content or hyperlink. If you believe we have provided a hyperlink to a third-party website that contains infringing or illegal Content, products or services, we ask that you notify us so that we may evaluate whether, in our sole discretion, to disable it from Seattle Scene.
Limited License; Personal, Business, and Non-Commercial Use Limitation of the Content and Services
You are hereby granted a non-exclusive, limited and revocable license to view the Content on Seattle Scene, but only while accessing Seattle Scene. You agree that you are only authorized to visit, view and retain a copy of any websites or web pages of Seattle Scene for informational, non-commercial and your own personal use. Additionally, you understand and agree that you are strictly prohibited from duplicating, downloading, publishing, republishing, adapting, modifying, displaying, transmitting, or otherwise distributing the Content and/or Seattle Scene for any commercial use (whether for profit or not), or for any other purpose other than as may be expressly permitted in these Terms.
You also agree not to deep-link to Seattle Scene services or any website or webpage thereof for any purpose, unless specifically authorized by Seattle Scene. Use of any of Seattle Scene’s trademarks as metatags on other networks is also strictly prohibited.
Unauthorized Use of the Website
You shall not use any automatic or manual conduct, device, process, software, program, algorithm, methodology or routine, including but not limited to a \"robot,\" \"spider\" or other similar process or functionality to interfere (or attempt to interfere) with, damage, disable or impose an unreasonable burden or load on, the operation of Seattle Scene or transmit any worms or viruses or any code of a destructive nature on or to Seattle Scene.
You agree that you shall not use Seattle Scene services for any illegal, obscene, abusive, offensive, harassing, improper or objectionable purpose, to sell or offer to sell any goods or services, to conduct or forward surveys, contests, or chain letters, or for any purpose that is prohibited by these Terms. Illegal and/or unauthorized uses of the Seattle Scene services, including, but not limited to, unauthorized framing of or linking to the Services or unauthorized use of any robot, spider, or other automated device on Seattle Scene will be investigated and will be subject to appropriate legal action, including, without limitation, civil, criminal, and injunctive redress.
Linking to Website Services
If Seattle Scene authorizes you to deep-link your website or a service offered by your website to Seattle Scene, in addition to and notwithstanding anything to the contrary, you understand and agree that: (1) Seattle Scene has no obligation to continue to provide or make the service available; (2) all conditions, disclaimers and limitations on use set forth in these Terms remain in full force and effect; (3) all intellectual property rights relating to Seattle Scene and its technology and Content, including all ownership rights, remain the exclusive property of Seattle Scene; (4) you will be solely responsible for the data and content that you publish on your website; and (5) Seattle Scene may terminate your access to the Seattle Scene website at any time in its sole discretion.
Seattle Scene reserves the right, but not the obligation, to remove any linked source if it contains or features any unacceptable content, as determined in Seattle Scene’s sole discretion, and including, but not limited to, (i) offensive, harmful and/or abusive language, including, without limitation, expletives, profanities, obscenities, harassment, vulgarities, sexually explicit language, and hate speech, (ii) references to illegal activity, malpractice, purposeful overcharging, or false advertising, (iii) personal attacks or describes physical confrontations and/or sexual harassment, (iv) language that violates the standards of good taste or the standards of this website, (v) content that is illegal, or a violation of any federal, state, or local law or regulation, or the rights of any other person or entity, (vi) language that is intended to impersonate other users or is offensive or uses inappropriate user names, or (vii) content that is encrypted or that contains viruses, Trojan horses, worms, time bombs, bots or other computer programming routines that are intended to damage, interfere with, intercept or appropriate any system, data or Seattle Scene services.
Although Seattle Scene cannot monitor the conduct of its users of this service, it is a violation of these Terms to use any information obtained from our website in order to harass, abuse or harm another person, or in order to contact, advertise, solicit or sell to any user without his/her prior explicit consent.
Violation of These Terms
You agree that monetary damages may not provide a sufficient remedy to Seattle Scene for violations of these Terms, and you consent to injunctive or other equitable relief for such violations. We can decide which Violation terms language we want to use in this section
DISCLAIMER AND LIMITATION OF LIABILITY
Disclaimer. SEATTLE SCENE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES OR INACCURACIES OF THE CONTENT, OR INFORMATION SET FORTH ON OR MADE AVAILABLE THROUGH SEATTLE SCENE WEBSITE, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, PRODUCTS OR ANY THIRD PARTY WEBSITE(S) OR PRODUCTS, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES OR THIRD PARTY WEBSITE(S), (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES OR ANY THIRD PARTY WEBSITE(S) BY THE REFORMATION OR ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN THE SERVICES OR ANY CONTENT, INFORMATION AND MATERIALS (INCLUDING BUT NOT LIMITED TO THIRD PARTY WEBSITE(S)) OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY OF THE FOREGOING.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF AND RELIANCE UPON ANY AND ALL OF THE SERVICES, AND/OR CONTENT IS AT YOUR SOLE RISK AND IS MADE AVAILABLE ON AN \"AS IS\" AND \"AS AVAILABLE\" BASIS. SEATTLE SCENE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES, PRODUCTS, CONTENT, THE CONTENT OF ANY THIRD-PARTY WEBSITE LINKED TO OR FROM THIS SITE, COMMENTS, INFORMATION OR ANY OTHER ITEMS OR MATERIALS ON SEATTLE SCENE SERVICES OR LINKED TO FROM SEATTLE SCENE.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN ONE OF THESE STATES OR JURISDICTIONS, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
B. Limitation of Liability. IN NO EVENT SHALL SEATTLE SCENE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING FROM OR CONNECTED IN ANY WAY WITH THE SERVICES, CONTRIBUTIONS, MATERIALS, CONTENT, COMMENTS, PRODUCTS, SERVICES, SOFTWARE, OR PROVISION OF OR FAILURE TO PROVIDE SERVICES, MADE AVAILABLE OR OBTAINED THROUGH THIS SERVICES OR ANY THIRD-PARTY WEBSITE(S), OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICES , WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SEATTLE SCENE HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS, SEATTLE SCENE\'S LIABILITY TO YOU IN RESPECT OF ANY LOSS OR DAMAGE SUFFERED BY YOU AND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE SERVICES OR PURCHASE OF ANY PRODUCTS OR SERVICES, WHETHER IN CONTRACT, TORT, OR FOR BREACH OF STATUTORY DUTY OR IN ANY OTHER WAY SHALL NOT EXCEED $50 IN THE AGGREGATE.
C. ANY PRODUCTS, SERVICES, COMMENTS AND CONTENT MADE AVAILABLE OR OBTAINED THROUGH THE USE OF SEATTLE SCENE, AND ALL OTHER USE OF THE WEBSITE, IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS THEREFROM.
D. IF YOU ARE DISSATISFIED WITH ANY PORTION OF SEATTLE SCENE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING SEATTLE SCENE WEBSITE.
You agree to indemnify, defend and hold harmless Seattle Scene, its third-party vendors, manufacturers, agents, distributors, corporate affiliates, officers, directors, and employees from and against any and all claims, actions, demands, liabilities, costs and expenses, including, without limitation, reasonable attorney's fees, (a) made by any third party due to or arising out of any Content Submitted, posted, or otherwise provided by you to Seattle Scene, Seattle Scene and/or its third party licensors, licensees or advertisers, and/or (b) resulting from your breach of any provision of these Terms, any warranty you provide herein, or otherwise arising in any way out of your use of the Seattle Scene website. Seattle Scene reserves the right to take exclusive control and defense of any such claim otherwise subject to indemnification by you, in which event you will cooperate fully with Seattle Scene in asserting any available defenses.
General Legal Provisions
These Terms, your rights and obligations, our rights and obligations, and all actions contemplated by these Terms will be governed by the laws of the State of Washington, U.S.A., without regard to conflicts of laws principles, as if this Agreement were a contract wholly entered into and wholly performed within the State of Washington. You hereby consent to the exclusive jurisdiction and venue of courts in the state or federal court in Seattle, Washington, U.S.A., for all disputes arising out of or relating to accessing Seattle Scene. Access to or use of Seattle Scene is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this paragraph. In the event of any legal action to enforce or interpret the terms of this Agreement, the prevailing party in such action shall be entitled to recover its reasonable attorneys\' fees and costs. No joint venture, partnership, employment or agency relationship exists between you and Seattle Scene as a result of these Terms.
If any provision in these Terms is invalid or unenforceable under applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, the remaining provisions will continue in full force and effect, and the invalid unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision. Seattle Scene’s performance of these Terms is subject to existing laws and legal process, and nothing contained in this these Terms is in derogation of Seattle Scene’s right to comply with law enforcement requests or requirements.
All rights not expressly granted herein are hereby reserved. These Terms are the entire and final agreement regarding your access to Seattle Scene. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
All materials on Seattle Scene website (as well as the organization and layout) are owned and copyrighted or licensed by Seattle Scene, its corporate affiliates or its third-party vendors. No reproduction, distribution, or transmission of the copyrighted materials on Seattle Scene is permitted without the written permission of Seattle Scene. Any rights not expressly granted herein are reserved by Seattle Scene.
Seattle Scene’s policy is to remove, or disable access to, material that infringes any copyright on Seattle Scene website after being properly notified by the copyright owner or the copyright owner’s legal agent. If you believe that any Content on Seattle Scene violates your copyright, please contact us..
SEATTLE SCENE and all related names, logos, product and service names, designs and slogans are trademarks of Seattle Scene or its affiliates or licensors. Such marks cannot be used without the prior written permission of Seattle Scene. All other names, brands and marks are used for identification purposes only and are the trademarks of their respective owners.
For more information on the trademarks of Seattle Scene, please contact us.
We do not use non-personally identifiable information in any way to create or maintain a personal profile of you or collect personally identifiable information from you.
You may elect not to receive emails from us. If you did not opt out of our email program, we will use your email address to send you emails which may interest you. Emails will likely contain information regarding our products or offerings. To unsubscribe from these emails, please click unsubscribe.
If we sell all or any part of our business or sell or transfer all or a material part of our assets or are otherwise involved in a merger or other transfer or disposition of any part our business, we reserve the right to access, transfer or disclose any and all information that we collect from our website’s visitors, or that we otherwise collect in connection with the website, to the party or parties involved in the transaction as part of that transaction.
Effective Date: February 3, 2018