This is a legally binding contract between you and SceneSquid. Please make sure you read it, because it is important. We’ve tried to make it as clear as possible, but we welcome your feedback to firstname.lastname@example.org if you have suggestions or questions. In addition, we‘ve made these terms available under a Creative Commons Attribution-ShareAlike license, so you can use and adapt them as you see fit. We borrowed the idea from Editorially.
We’re going to use some shorthand to make this easier to read. When we say “site,” we mean scenesquid.com and the services offered through that site. When we say “we,” “us,” or “our,” we mean SceneSquid Incorporated, a Delaware corporation. When we say “your content,” we mean any event, text, sound, images, graphics or other material which you post, upload, or otherwise share on the site; similarly, when we say “SceneSquid content,” we mean the copyrightable text, sound, graphics, and other material owned by SceneSquid Incorporated. When we say “Media Partners,” we mean any newspaper, publication, blog, social media influencer, or other media outlet to which we might send your content. And when we say “terms,” we mean these terms of service.
Please read these terms before using the site. If you do not agree to these terms, you may not register for the site. If we make material changes to these terms, we’ll let you know either through the site or via email (at the email address you provide). If you do not agree to those changes, you may send a request to cancel your account to email@example.com. If we do not hear from you within ten days or you continue to use the site, the revised terms will apply to you.
You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. All payment obligations are noncancelable and all amounts paid are nonrefundable. You must provide SceneSquid with valid credit card information to use the site. We reserve the right to modify our fees and charges and to introduce new charges at any time.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes based solely on SceneSquid’s income. If you believe your bill is incorrect, you must contact us in writing within 60 days at the following address: SceneSquid Incorporated, Attn: Billing, 1203 19th St NW, 3rd floor, Washington, DC, 20036.
You agree to provide SceneSquid with complete and accurate billing and contact information. You agree to update this information within 30 days of any change to it. If the contact information you have provided is false or fraudulent, we reserve the right to terminate your access to the site in addition to any other legal remedies.
Unless otherwise agreed to by SceneSquid, amounts will be billed in U.S. dollars.
When you register with the site, you will be asked to provide certain personal information, including your name and email address. We will store your personal information, but will not share it with any third parties, except as necessary to provide the services offered, to monitor usage, and to improve the service. For example, we must provide some personal information (such as your name, email address, and phone number) to Media Partners and other third parties such as the Washington Post in order for them to cover your events and for us to make certain services available to you. In another example, we may store your personal information along with your files and data on a third party server such as Amazon Web Services; or we may use a third party analytics tool like Kissmetrics to learn how you are using SceneSquid, and how we can improve that experience. We also use your personal information to send you notifications about the service and to respond to customer support requests. We will never share your personal information with advertisers or send you promotions for unrelated services. You can access and change your personal information by logging in to your account settings page.
We may be required to disclose your personal information in order to:
If we must disclose your personal information in order to comply with the law or legal process, we will inform you (at the email address you provide) as soon as practicable, provided that it is lawful for us to do so.
We will also aggregate user information and perform statistical analyses of the collective behavior of our members and visitors, to measure overall demographics, and to analyze how to improve our service. We may share this information with third parties (such as Google Analytics), but such aggregate information does not contain personal information other than IP addresses. In addition, we may compile and disclose aggregate information about our users for promotional or other purposes. For example, we might want to disclose that a certain percentage of our users are located within a particular geographic area or post most frequently in the mornings.
We use session and login cookies, which help us keep track of when a person is logged in and determine the content or sites users link to, and which services people use. We will also capture login timestamps, and usage statistics, as well as IP addresses. We’ll also capture information about the content stored on the site (such as text, event locations, images, etc).
We will communicate with you via email, to the email address you provide to us. Some communications, such as emails informing you of new features, may be unsubscribed to via the unsubscribe link in the email. If you would like to cease all communications from us, please send an email to firstname.lastname@example.org and we will cancel your account.
SceneSquid is designed for use by adults. You must be thirteen years of age or older to use it. If we learn that we have collected personal information from a child under the age of thirteen, we will delete that information as quickly as possible. If you believe that we might have any information from a child under the age of thirteen, please contact us at email@example.com. When you use the site, you represent and warrant that you have the legal capacity to form a binding contract with us, and are doing so by your agreement to these terms. If you register as a Media Partner, you understand and accept that at any time, we may remove or cancel your account for any reason, without notice.
We own our stuff; you own yours.
You retain ownership of all content you post, upload to, or otherwise share on the site. However, by posting, uploading, or sharing your content, you grant us a non-exclusive, sub-licensable, royalty-free, worldwide, perpetual, irrevocable and fully transferable right and license to access, use, copy, print, publish, distribute, syndicate, reformat, display and update (for example, to improve accuracy and/or standardize formats) your content in connection with the site and services we provide to you. SceneSquid may sublicense this right to any Media Partners and other online partners. This license will survive any termination or expiration of this agreement.
The site is designed to allow you to share your content with others. There are many things that others may do with that content, including copying it, modifying it, and re-sharing it. So, please consider carefully what you choose to share and with whom; we take no responsibility for that activity.
Please be advised that we cannot be responsible for maintaining any content that you provide to us, and we may delete or destroy any such content at any time.
All SceneSquid content, the selection, compilation, arrangement and presentation of all materials, and the overall design of the site are copyrighted by us, and are protected by US and international laws. Use of our content without our express prior written permission is strictly prohibited.
SceneSquid.com, SceneSquid, and the SceneSquid logo are trademarks or registered trademarks of SceneSquid Incorporated, in the United States and other foreign countries. Our trademarks may not be used in connection with any product or service without our express written permission.
SceneSquid deals with copyright infringement in accordance with the Digital Millennium Copyright Act (DMCA).
You may not post, upload, or otherwise place any content or information on the site that belongs to a third party, unless you have the legal right to do so. If you believe that any such information or content has been posted on the site, please send a notice of copyright infringement containing the following information to the designated agent at the address below:
Upon notification of claimed infringement, we will respond expeditiously to remove, or disable access to, the material that is claimed to be infringing or to be the subject of infringing activity. We will also notify the person who posted, uploaded, or otherwise placed the allegedly infringing material on the site that we have removed or disabled access to such material.
If you believe that material has been removed improperly, you must send a written counter notification to the agent, and include:
Upon receipt of a counter notification complying with these requirements, we will promptly provide the original reporter with a copy of the counter notification, and inform that person that we may replace the removed material or cease disabling access to it if we do not receive notice within ten business days that the original reporter is seeking a court order to prevent further infringement of the material at issue.
Attn: Mack Kolarich
1203 19th St NW, 3rd Floor
Washington, DC 20036
We may update this mailing address from time to time. You agree that changes to this mailing address shall not constitute a modification to this TOS.
SceneSquid is designed to help our users promote content to publications, blogs, and influencers; as such, we have some ground rules which you must adhere to when using the site. You agree not to do any of the following:
You further agree that you are responsible for your actions in relation to the site, and for any communications transmitted under your account; that you will comply with all laws relating to the transmission of technical data or software exported from the United States; and that you will comply with all applicable local, state, national and international laws and regulations, including without limitation those related to privacy, data collection, and email creation and delivery.
If it appears you have violated any of these rules, we may, in our sole discretion, remove any offending material or immediately limit or terminate your account.
You can cancel your account at any time by sending an email to firstname.lastname@example.org. If you like, you may export your events prior to canceling your account. SceneSquid may retain and use your submitted events and content at our discretion.
We will strive to prevent interruptions to the service and be good stewards of your data. However, the site and our services are provided on an “as is” and “as available” basis. We disclaim all warranties of any kind, whether express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose, or non-infringement. We do not make any warranty that the site or our services will meet your requirements, or that the services will be uninterrupted, timely, secure, or error free, or that defects, if any, will be corrected. We do not warrant that any content or events you submit will be displayed, listed, picked up, covered, maintained, or otherwise shared by any Media Partner. SceneSquid will have no liability for any change in our list of Media Partners or for any decision by a Media Partner to reject, modify, or refuse to modify any content submitted by you. Due to the volume of content and events submitted to SceneSquid, we cannot be responsible for verifying facts contained in submitted materials. You understand that you post to, upload to, download from or otherwise obtain content or services through the site at your own discretion and risk.
Under no circumstances — including, without limitation, negligence — shall we be liable for any direct, indirect, incidental, special or consequential damages, resulting from (1) the use or the inability to use the site; (2) the cost of procurement of substitute goods and services; (3) unauthorized access to or alteration of your transmissions or data; (4) loss of profits, use, data or other intangibles, even if we have been advised of the possibility of such damages. The foregoing shall not apply to the extent prohibited by applicable law.
You agree to indemnify, defend, and hold harmless us, our officers, directors, employees, members, partners, Media Partners, agents, and suppliers, and their respective affiliates, officers, directors, employees, members, shareholders, partners, and agents, from any and all claims and expenses, including attorneys’ fees, arising out of your use of the site, including but not limited to your violation of this agreement. We may, at our sole discretion, assume the exclusive defense and control of any matter subject to indemnification by you. The assumption of such defense or control by us, however, shall not excuse any of your indemnity obligations.
We may at any time decide to alter, amend, modify, or terminate the site, any functionality or portion of it, all in our sole discretion, and you understand that there is no guarantee that the site or any portion or functionality of it will continue to operate or be available for any particular period of time.
These terms shall be governed by and construed in accordance with the laws of the District of Columbia, without giving effect to its conflict of law provisions. You agree that you will bring any claim or cause of action arising out of your use of the site in the courts located within the District of Columbia, and you also agree to submit to the personal and exclusive jurisdiction of those courts. You agree that any claim or cause of action arising out of your use of the site or these terms must be filed within one year after such claim or cause of action arose or it shall be forever barred, notwithstanding any statute of limitations or other law to the contrary. If any provision contained in these terms is determined unenforceable, then such provision will be severed and replaced with a new provision that most closely reflects the intent of the original provision, and the remaining provisions of these terms will remain in full force and effect. No waiver of any provision of these terms shall be effective except pursuant to a written instrument signed by us expressly waiving compliance, and any such waiver shall be effective only in the specific instance and for the specific purpose stated in such writing. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these terms and/or your use of the site. You may not assign any right, interest, or benefit provided under these terms or through the site without our express prior written consent. These terms set forth the entire agreement between you and us, and supersede any and all prior communications, agreements and proposals, whether electronic, oral or written, between you and us with respect to the site and our services. 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 and/or your use of the site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Last Updated: October 15, 2013