Terms of Service

An Introduction to Scenedom Terms of Service

Thank you for using Scenedom!

Here is a quick summary of the highlights of our Terms of Service:

  1. Our mission is to augment writers as they build their stories into books

    The Scenedom platform offers a place to write stories using the state of the art augmentation tools for editing your work all the way to production while collaborating with the audience who contribute unique insights and quality feedback. This empowers writers to improvise and to better understand their readers.

  2. You own your writing

    You also grant us and other users of the Scenedom platform certain rights and license to use it. The details of these licenses are described below.

  3. You are responsible for your public writings

    This includes ensuring that you have the rights needed for you to post that content and that your content does not violate the legal rights of another party (for example, defamation or copyright) or any applicable laws.

  4. You can repost content from Scenedom

    You can repost content from Scenedom elsewhere provided that you attribute the content back to the Scenedom platform and respect the rights of the original author, including any “not for reproduction” designation.

  5. We do not endorse or verify user writings

    Our content and materials are provided to you “as is,” without any guarantees. You are solely responsible for your own use of the Scenedom platform. Writings from lawyers, doctors, and other professionals should not be treated as a substitute for professional advice for your specific situation.

  6. You agree to follow the rules of our platform

    When you use the Scenedom platform, you also agree to our Terms of Service, accept our Privacy Policy, and agree to follow our latest Acceptable Use Policy, Copyright Policy, and Trademark Policy.

  7. We offer tools for you to give feedback and report complaints

    If you think someone has violated your intellectual property rights, other laws, or Scenedom's policies, you can initiate a report at the contact us portal or by using our in-product reporting tools.

We are pleased that you want to join the Scenedom platform and encourage you to read the full Terms of Service.

Scenedom Terms of Service

Last Updated: September 1, 2019

Thank you for using Scenedom! Scenedom is a platform to augment writers as they build their stories into books.

These terms of service (“Terms of Service”) sets forth the agreement (“Agreement”) between you and Scenedom, Inc. (“Scenedom” “we” or “us”). It governs your use of the products and services we offer through our web and applications (collectively the “Scenedom Platform”).

Please make sure to read it, because, by using the Scenedom Platform, you consent to these terms.

  1. The Mission of the Scenedom Platform

    Scenedom's mission is to augment writers as they build their stories into books. The Scenedom Platform is a place to write stories using augmented skills to semi-automate redundant taks while connecting with audience who contribute unique insights and quality feedback. This empowers writers to improvise and to better understand their readers.

  2. Using the Scenedom Platform

    1. Who Can Use It

      Use of the Scenedom Platform by anyone under 13 years of age is prohibited. You represent that you are at least the age of majority in the jurisdiction where you live or, if you are not, your parent or legal guardian must consent to this Terms of Service and affirm that they accept this Agreement on your behalf and bear responsibility for your use.

    2. Registration

      When you set up a profile on the Scenedom Platform, you will be asked to provide certain information about yourself. You agree to provide us accurate information, including your real email, when you create your account on the Scenedom Platform. We will treat information you provide as part of registration in accordance with our Privacy Policy. You should take care in maintaining the confidentiality of your password.

      You must provide a valid email address in order to complete the signup process. Any other information requested, such as your real name, is optional, unless you are accepting these terms on behalf of a legal entity (in which case we need more information about the legal entity) or if you opt for a paid Account, in which case additional information will be necessary for billing purposes.

      We make it possible for authors to take up pen names to avoid political liability. In such cases we de-couple user accounts from author profiles; we allow the author entity to use a pen-name separate from the user names authorized to impersonate it. Billing for paid plans will get associated with the author profile, but the associated billing name will not appear as the author name. Authors must be aware that we take measures to not reveal these associations on the platform, but behind the scenes for as long as you have not asked to explicitly severe your association with your author profile and its content, you remain connected in our databases with your writing. We may be asked by powerful actors such as governments or their agents to reveal these associations. Any request for permanent erasure or anonymization of your writing must get sent to us in writing several weeks ahead of the need for its enforcement, to provide ample time for appropriate measures.

    3. Privacy Policy

      Our privacy practices are set forth in our Privacy Policy. By use of the Scenedom Platform, you agree to accept our Privacy Policy, regardless of whether you are a registered user.

    4. Acceptable Use Policy

      In your interaction with others on the Scenedom Platform, you agree to follow our latest Acceptable Use Policy at all times. If at the time of reading the Terms of Service no such policy has been published on the platform, you agree to comply as soon as one gets posted in public without the need for special notice to you.

    5. Termination

      You may close your account at any time by going to account settings and disabling your account; or in case that mechanism fails to work, by a written request to us. We may terminate or suspend your Scenedom account if you violate any Scenedom policy or for any other reason.

    6. Changes to the Scenedom Platform

      We are always trying to improve your experience on the Scenedom Platform. We may need to add or change features and may do so without notice to you.

    7. Feedback

      We welcome your feedback and suggestions about how to improve the Scenedom Platform. Feel free to submit feedback at scenedom.com/contact. By submitting feedback, you agree to grant us the right, at our discretion, to use, disclose and otherwise exploit the feedback, in whole or part, freely and without compensation to you.

  3. Your Content

    1. Definition of Your Content
      The Scenedom Platform enables you to add narratives, posts, texts, photos, videos, links, and files to share with others. All material that you upload, publish or display to others via the Scenedom Platform will be referred to collectively as “Your Content.” You acknowledge and agree that, as part of using the Scenedom Platform, Your Content may be viewed by the general public.
    2. Ownership
      You, or your licensors, as applicable, retain ownership of the copyright and other intellectual property in Your Content, subject to the non-exclusive rights granted to us below.
    3. License and Permission to Use Your Content
      1. By submitting, posting, or displaying Your Content on the Scenedom Platform, you grant Scenedom and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable (through multiple tiers), license to use, copy, reproduce, process, adapt, modify, create derivative works from, publish, transmit, store, display and distribute, translate, communicate and make available to the public, and otherwise use Your Content in connection with the operation or use of the Scenedom Platform or the promotion, advertising or marketing of the Scenedom Platform or our business partners, in any and all media or distribution methods (now known or later developed). You agree that this license includes the right for Scenedom to make Your Content available to other companies, organizations, business partners, or individuals who collaborate with Scenedom for the syndication, broadcast, communication and making available to the public, distribution or publication of Your Content on the Scenedom Platform or through other media or distribution methods. This license also includes the right for other users of the Scenedom Platform to use, copy, reproduce, adapt, modify, create derivative works from, publish, transmit, display, and distribute, translate, communicate and make available to the public Your Content, subject to our Terms of Service. If you do not wish to allow your writings to be translated by other users, you can globally opt-out of translation in your profile settings or you can designate certain writings not for translation.

      2. Once you write, you may edit or delete your writing at any time from public display on scenedom.com, except in the case of anonymously posted writings. However, we may not be able to control removal of the writing from display on syndicated channels or other previously distributed methods outside of scenedom.com. Scenedom may remove suspected spam from your writings. Once you write in the public sphere and especially under an unpaid account, the writing may be edited or deleted by other users or by Scenedom at any time. Any edits and changes made by you may be visible to other users. The right for Scenedom to copy, display, transmit, publish, perform, distribute, store, modify, and otherwise use any of your writings, and sublicense those rights to others, is perpetual and irrevocable, to the maximum extent permitted by law, except as otherwise specified in paid plans or in this Agreement.

      3. You acknowledge and agree that Scenedom may preserve Your Content and may also disclose Your Content and related information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any of Your Content violates the rights of third parties; (d) detect, prevent, or otherwise address fraud, security or technical issues; or (e) protect the rights, property, or personal safety of Scenedom, its users, or the public.

      4. You understand that we may modify, adapt, or create derivative works from Your Content in order to transmit, display or distribute it over computer networks, devices, service providers, and in various media. We also may remove or refuse to publish Your Content, in whole or part, at any time.

      5. You further give us the permission and authority to act as your nonexclusive agent to take enforcement action against any unauthorized use by third-parties of any of Your Content outside of the Scenedom Platform or in violation of our Terms of Service.

    4. Your Responsibilities for Your Content

      By posting Your Content on the Scenedom Platform, you represent and warrant to us that: i) you have the ownership rights, or you have obtained all needed licenses or permissions from any necessary parties, to use Your Content and grant us the rights to use Your Content as provided for under this Agreement, and ii) that posting Your Content violates no intellectual property or personal right of others or any applicable law or regulation. You accept full responsibility for avoiding infringement of the intellectual property or personal rights of others or violation of laws and regulations in connection with Your Content. You are responsible for ensuring that Your Content does not violate Scenedom's latest Acceptable Use Policy, Copyright Policy, Trademark Policy, other published Scenedom policy, or any applicable law or regulation. You agree to pay all royalties, fees, and any other monies owed to any person by reason of Your Content.

  4. Our Content and Materials

    1. Definition of Our Content and Materials

      All intellectual property in or related to the Scenedom Platform (specifically including, but not limited to our software, the Scenedom marks, the Scenedom logo, but excluding Your Content) is the property of Scenedom Inc., or its subsidiaries and affiliates, or content posted by other Scenedom users licensed to us (collectively “Our Content and Materials”).

    2. Data

      All data Scenedom collects (“Data”) about use of the Scenedom Platform by you or others is the property of Scenedom Inc., its subsidiaries, and affiliates. For clarity, Data does not include Your Content and is separate from Our Content and Materials.

    3. Our License to You
      1. We grant you a limited, non-exclusive license to use and access Our Content and Materials and Data as made available to you on the Scenedom Platform in connection with your use of the Scenedom Platform, subject to the terms and conditions of this Agreement.

      2. Scenedom gives you a worldwide, royalty-free, revocable, non-assignable and non-exclusive license to re-post Our Content and Materials anywhere on the web provided that the user who created the content has not explicitly marked the content as not for reproduction on the Scenedom Platform; you do not modify the content; you attribute Scenedom by name in readable text and with a human and machine-followable link (an HTML <a> anchor tag) linking back to the page displaying the original source of the content on http://scenedom.com on every page that contains Our Content and Materials; upon request, either by Scenedom or a user, you remove the user's name from content which the user has subsequently made anonymous; upon request, either by Scenedom or by a user who contributed to the content, you make a reasonable effort to update a particular piece of content to the latest version on the Scenedom Platform; and upon request, either by Scenedom or by a user who contributed to the content, you make a reasonable attempt to delete content that has been deleted or marked as not for reproduction on the Scenedom Platform; you don’t republish more than a small portion of Our Content and Materials. In exercising these rights, you may not implicitly or explicitly assert any connection with, sponsorship or endorsement by Scenedom, or any Scenedom user, without separate, express prior written permission from us.

      3. We may terminate our license to you at any time for any reason. We have the right but not the obligation to refuse to distribute any content on the Scenedom Platform or to remove content. Except for the rights and license granted in these terms, we reserve all other rights and grant no other rights or licenses, implied or otherwise.

    4. Permitted uses

      If you operate a search engine, web crawler, bot, scraping tool, data mining tool, bulk downloading tool, wget utility, or similar data gathering or extraction tool, you may access the Scenedom Platform, subject to the following additional rules: i) you must use a descriptive user agent header; ii) you must follow robots.txt at all times; iii) your access must not adversely affect any aspect of the Scenedom Platform's functioning; and iv) you must make it clear how to contact you, either in your user agent string, or on your website if you have one.

    5. No Endorsement or Verification

      Please note that the Scenedom Platform contains access to third-party content, products and services, and it offers interactions with third parties. Participation or availability on the Scenedom Platform does not amount to endorsement or verification by us. We make no warranties or representations about the accuracy, completeness, or timeliness of any content posted on the Scenedom Platform by anyone.

    6. Ownership

      You acknowledge and agree that Our Content and Materials remain the property of Scenedom's users or Scenedom. The content, information and services made available on the Scenedom Platform are protected by U.S. and international copyright, trademark, and other laws, and you acknowledge that these rights are valid and enforceable.

  5. Integrated Service Provider

    You may enable another online service provider, such as a social networking service (“Integrated Service Provider”), to be directly integrated into your account on the Scenedom Platform. By enabling an integrated service, you are allowing us to pass to, and receive from, the Integrated Service Provider your log-in information and other user data. For more information about Scenedom's use, storage, and disclosure of information related to you and your use of integrated services within Scenedom, please see our Privacy Policy. Note that your use of any Integrated Service Provider and its own handling of your data and information is governed solely by their terms of use, privacy policies, and other policies.

  6. More About Certain Offerings on the Scenedom Platform

    1. Digests

      When you sign up for the Scenedom Platform, the service includes receipt of a digest of writings that may be of interest to you. You can opt-out of receipt of the digest, and adjust other communication settings, by going to “Email and Notification” settings in your account profile, as further described in our Privacy Policy.

    2. Advertisements

      The Scenedom Platform may include advertisements, which may be targeted to content or information on the Scenedom Platform, queries made through the Scenedom Platform, or other information, in an effort to make them relevant to you. The types and extent of advertising by Scenedom are subject to change. In consideration for Scenedom granting you access to and use of the Scenedom Platform, you agree that Scenedom and its third party providers and partners may place such advertising on the Scenedom Platform. If you wish to become an advertiser, you will be required to enter into separate and supplemental terms with us about providing advertising services on the Scenedom Platform.

    3. Legal, Medical & Other Professional Contributors

      Some users who post content are members of legal, medical, and other licensed professions (collectively, “Professional Contributors”). Content posted by Professional Contributors should not be relied on as a substitute for advice from a professional that is appropriate for your specific situation. Scenedom may provide certain disclaimer template language that Professional Contributors may edit and incorporate in their writings. Ethics rules differ by state or location, and it is the responsibility of Professional Contributors to determine and provide disclaimers appropriate for their profession and the content provided.

    4. Buttons, Links and Widgets

      You have permission to use Scenedom's buttons, links, and widgets, subject to these Terms of Service (including the disclaimers and limitations of liability) and provided that: (a) your use of such buttons, links and widgets link only to the Scenedom Platform; (b) you will not modify such buttons, links, or widgets or associated code in any manner; (c) you will not use any such buttons, links, or widgets in any manner which implies or suggests that Scenedom endorses, sponsors, or recommends the website on which such buttons, links and widgets are used; and (d) the use of such buttons, links and widgets, and the website on which such buttons, links and widgets are used do not violate Scenedom's Acceptable Use Policy.

    5. Web resources and third-party services

      The Scenedom Platform may also offer you the opportunity to visit links to other websites or to engage with third-party products or services. You assume all risk arising out of your use of such websites or resources.

    6. Services that Require Separate Agreement

      Certain features or services may require that you enter into a separate and supplemental written agreement prior to use.

  7. Reporting Violations of Your Intellectual Property Rights, Scenedom Policies, or Applicable Laws

    We have a special process for reporting violations of your intellectual property rights or other violations of Scenedom policies or applicable laws.

    1. Copyright Policy and Trademark Policy

      We will adopt and implemented a Copyright Policy and Trademark Policy. For more information, including detailed information about how to submit a request for takedown if you believe content on the Scenedom Platform infringes your intellectual property rights, please read our latest Copyright Policy and Trademark Policy. For your convenience, we can provide you with a Copyright Infringement Claim Form and Trademark Infringement Claim Form, which you should use, as applicable, for fastest processing.

    2. Reports of Other Violations

      If you believe content on the Scenedom Platform violates Scenedom's Acceptable Use Policy or otherwise violates applicable law (apart from copyright or trademark violations) or other Scenedom policies, you may ask for and submit an Other Infringement Claim Form.

      We have no obligation to delete content that you personally may find objectionable or offensive. We endeavor to respond promptly to requests for content removal, consistent with our policies and applicable law.

  8. DISCLAIMERS AND LIMITATION OF LIABILITY

    PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF SCENEDOM ENTITIES TO YOU.

    “SCENEDOM ENTITIES” MEANS SCENEDOM INC., AND ANY SUBSIDIARIES, AFFILIATES, RELATED COMPANIES, SUPPLIERS, LICENSORS AND PARTNERS, AND THE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES OF EACH OF THEM. EACH PROVISION BELOW APPLIES TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

    1. WE ARE PROVIDING YOU THE SCENEDOM PLATFORM, ALONG WITH OUR CONTENT AND MATERIALS AND THE OPPORTUNITY TO CONNECT WITH OTHERS, ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, SCENEDOM ENTITIES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, TITLE, ACCURACY AND COMPLETENESS, UNINTERRUPTED OR ERROR-FREE SERVICE, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR TRADE USEAGE.

    2. SCENEDOM MAKES NO PROMISES WITH RESPECT TO, AND EXPRESSLY DISCLAIMS ALL LIABILITY FOR: (i) CONTENT POSTED BY ANY USER OR THIRD PARTY; (ii) ANY THIRD-PARTY WEBSITE, THIRD-PARTY PRODUCT, OR THIRD-PARTY SERVICE LISTED ON OR ACCESSIBLE TO YOU THROUGH THE SCENEDOM PLATFORM, INCLUDING AN INTEGRATED SERVICE PROVIDER OR PROFESSIONAL CONTRIBUTOR; (iii) THE QUALITY OR CONDUCT OF ANY THIRD PARTY YOU ENCOUNTER IN CONNECTION WITH YOUR USE OF THE SCENEDOM PLATFORM; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR CONTENT. SCENEDOM MAKES NO WARRANTY THAT: (a) THE SCENEDOM PLATFORM WILL MEET YOUR REQUIREMENTS; (b) THE SCENEDOM PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (c) THE RESULTS OR INFORMATION THAT YOU MAY OBTAIN FROM THE USE OF THE SCENEDOM PLATFORM, A PROFESSIONAL CONTRIBUTOR, OR ANY OTHER USER WILL BE ACCURATE OR RELIABLE; OR (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED OR PURCHASED BY YOU THROUGH THE SCENEDOM PLATFORM WILL BE SATISFACTORY.

    3. YOU AGREE THAT TO THE MAXIMUM EXTENT PERMITTED BY LAW, SCENEDOM ENTITIES WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY. WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, SCENEDOM ENTITIES SPECIFICALLY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, LOSS OF PROFITS, BUSINESS INTERRUPTION, REPUTATIONAL HARM, OR LOSS OF DATA (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE FORESEEABLE) ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF, OR INABILITY TO USE, THE SCENEDOM PLATFORM.

    4. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SCENEDOM PLATFORM IS TO STOP USING THE SCENEDOM PLATFORM.

    5. WITHOUT LIMITING THE FOREGOING, SCENEDOM's MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SCENEDOM PLATFORM OR THIS AGREEMENT IS LIMITED TO THE AMOUNT PAID TO SCENEDOM IN CONNECTION WITH THE SCENEDOM PLATFORM IN THE TWELVE (12) MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY.

    6. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. AS A RESULT, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU IN WHOLE OR IN PART, AND THE FOREGOING SECTIONS 8(c), 8(d), AND 8(e) WILL NOT APPLY TO A RESIDENT OF NEW JERSEY, TO THE EXTENT DAMAGES TO SUCH NEW JERSEY RESIDENT ARE THE RESULT OF SCENEDOM's NEGLIGENT, FRAUDULENT, RECKLESS, OR INTENTIONAL MISCONDUCT.

  9. Indemnification

    You agree to release, indemnify, and defend Scenedom Entities from all third-party claims and costs (including reasonable attorneys’ fees) arising out of or related to: i) your use of the Scenedom Platform, ii) Your Content, iii) your conduct or interactions with other users of the Scenedom Platform, or iv) your breach of any part of this Agreement. We will promptly notify you of any such claim and will provide you (at your expense) with reasonable assistance in defending the claim. You will allow us to participate in the defense and will not settle any such claim without our prior written consent. We reserve the right, at our own expense, to assume the exclusive defense of any matter otherwise subject to indemnification by you. In that event, you will have no further obligation to defend us in that matter.

  10. Dispute Resolution

    This Agreement and any action arising out of your use of the Scenedom Platform will be governed by the laws of the State of California without regard to or application of its conflict of law provisions or your state or country of residence. Unless submitted to arbitration as set forth in the following paragraph, all claims, legal proceedings or litigation arising in connection with your use of the Scenedom Platform will be brought solely in Santa Clara County, California, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.

    For any claim (excluding claims for injunctive or other equitable relief) under this Agreement where the total amount of the award sought is less than $10,000 USD, the party requesting relief may elect to resolve the dispute through binding non-appearance-based arbitration. The party electing such arbitration will initiate the arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, as selected by the party initiating the arbitration; b) the arbitration will not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

  11. General Terms

    1. Changes to these Terms

      We may amend this Agreement (including any policies, such as the Privacy Policy, Acceptable Use Policy, Copyright Policy, and Trademark Policy that are incorporated into this Agreement) at any time, in our sole discretion. If we amend material terms to this Agreement, such amendment will be effective after we send you notice of the amended agreement except for the first version of every mentioned policy which shall become effective without additional notice. Such notice will be in our sole discretion, and the manner of notification could include, for example, via email, posted notice on the Scenedom Platform, or other manner. You can view the Agreement and our main policies at any time. Your failure to cancel your account, or cease use of the Scenedom Platform, after receiving notification of the amendment, will constitute your acceptance of the amended terms. If you do not agree to the amendments or to any of the terms in this Agreement, your only remedy is to cancel your account or to cease use of the Scenedom Platform.

    2. Governing Law and Jurisdiction

      You agree that Scenedom is operated in the United States and will be deemed to be solely based in California and a passive service for purposes of jurisdictional analysis. For any claims for which arbitration is inapplicable, you agree that such claims will be brought in federal or state court in Santa Clara County, California and governed by laws of the state of California and federal law, without regard to any conflict of law provisions.

    3. Use Outside of the United States

      Scenedom expressly disclaims any representation or warranty that the Scenedom Platform complies with all applicable laws and regulations outside of the United States. If you use the Scenedom Platform outside of the United States, you expressly understand and agree that you are responsible for determining compliance with different laws, regulations, or customs that may apply in connection with your use of the Scenedom Platform.

    4. Export

      The Scenedom Platform is controlled and operated from our United States offices in California or Washington State. Scenedom software is subject to United States export controls. No software for Scenedom may be downloaded or otherwise exported or re-exported in violation of any applicable laws or regulations. You represent that you are not (1) located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country, and (2) listed on any U.S. government list of prohibited or restricted parties.

    5. Applications and Mobile Devices

      If you access the Scenedom Platform through a Scenedom application, you acknowledge that this Agreement is between you and Scenedom only, and not with another application service provider or application platform provider (such as Apple Inc. or Google Inc.), which may provide you the application subject to its own terms. To the extent you access the Scenedom Platform through a mobile device, your wireless carrier's standard charges, data rates, and other fees may apply.

    6. Survival

      The following provisions will survive expiration or termination of this Agreement: Section 2.5(Termination), 2.7(Feedback), Section 3(Your Content), Section4.1-2 and 4-6(Our Content and Materials), Section 8 (Disclaimers and Limitation of Liability), Section 9 (Indemnification), Sections 10 (Dispute Resolution), and Section 11 (General Terms).

    7. Notice for California Users

      Under California Civil Code Section 1789.3, California web users are entitled to the following specific consumer rights notice: The Scenedom Platform is provided by Scenedom, Inc., located in Burlingame, California. If you have a question or complaint regarding the Scenedom Platform, please contact Scenedom at support@scenedom.com. California residents may reach the Department of Consumer Affairs Consumer Information Division at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.

    8. Government End Users

      Any Scenedom software and related documentation are “Commercial Items,” as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202 (as applicable). Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4 (as applicable), the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. government end users: (i) only as Commercial Items; and (ii) with only those rights as are granted to all other end users pursuant to this Agreement.

    9. Assignment

      You may not assign or transfer this Agreement (or any of your rights or obligations under this Agreement) without our prior written consent; any attempted assignment or transfer without complying with the foregoing will be void. We may freely assign or transfer this Agreement. This Agreement inures to the benefit of and is binding upon the parties and their respective legal representatives, successors, and assigns.

    10. Electronic Communications

      You consent to receive communications from us by email in accordance with this Agreement and applicable law. You acknowledge and agree that all agreements, notices, disclosures and other communications that we provide to you electronically will satisfy any legal requirement that such communications be in writing.

    11. Entire Agreement/ Severability

      This Agreement supersedes all prior terms, agreements, discussions and writings regarding the Scenedom Platform and constitutes the entire agreement between you and us regarding the Scenedom Platform (except as to services that require separate written agreement with us, in addition to this Agreement). If any provision in this Agreement is found to be unenforceable, then that provision will not affect the enforceability of the remaining provisions of the Agreement, which will remain in full force and effect.

    12. Interpretation

      In construing or interpreting the terms of this Agreement: (i) the headings in this Agreement are for convenience only, and are not to be considered, and (ii) no presumption is to operate in either party's favor as a result of its counsel's role in drafting this Agreement.

    13. Notices

      All notices permitted or required under this Agreement, unless specified otherwise in this Agreement, must be sent in writing as follows in order to be valid: (i) if to you, by us via email to the address associated with your account, and (ii) if to us, by you via legal@scenedom.com. Notices will be deemed given (a) if to you, when emailed, and (b) if to us, on receipt by us.

    14. Relationship

      This Agreement does not create a joint venture, agency, partnership, or other form of joint enterprise between you and us. Except as expressly provided herein, neither party has the right, power, or authority to create any obligation or duty, express or implied, on behalf of the other.

    15. Waiver

      No waiver of any terms will be deemed a further or continuing waiver of such term or any other term. Our failure to assert a right or provision under this Agreement will not constitute a waiver of such right or provision.

    16. Further Assurances

      You agree to execute a hard copy of this Agreement and any other documents, and to take any actions at our expense that we may request to confirm and effect the intent of this Agreement and any of your rights or obligations under this Agreement.

    17. Contact

      Contact us through scenedom.com/contact with any questions about these terms. Scenedom is a Delaware corporation.