1. Acceptance of Terms
a. Terms. These terms and conditions (collectively referred to as "Terms") govern the use of the http://www.shopscenes.com/ domain and other websites that may be added in the future (collectively referred to as the "Website") and all related services provided by Shop Scenes, Inc. (the Website and related services are collectively referred to as the "Service") and constitute an agreement between you ("You" or "Your") and Shop Scenes, Inc. ("Shop Scenes", "We", "Us", or "Our").
b. Acceptance. Your use of the Service, including any new services or functionalities that may be made available by Shop Scenes from time to time, is conditioned upon Your acceptance of and continued adherence to these Terms.
c. Amendment and Changes. Shop Scenes reserves the right to alter or revise these Terms at any time by notifying You as provided in these Terms, provided that no notice shall be required for non-substantive changes to the Terms. If Shop Scenes substantively amends these Terms, Shop Scenes will give you at least five (5) calendar days' notice before the changes take effect, during which period of time You may reject the changes by terminating your account with Shop Scenes. Your continued use of the Service indicates Your acceptance of any and all revised Terms.
d. Suspension of Termination. Shop Scenes reserves the right to suspend or terminate Your account at any time or discontinue Your access to the Service for any reason.
2. Definitions and Service Description.
a. "Content": Any content, including without limitation questions, answers, forum posts, ratings, votes, and comments, that Scene Makers post on the Service other than on the Scene, and all photographs that Scene Maker's post on the Service (including on the Scene).
b. "Scene": A webpage created via the Service.
c. "Scene Content": Any content, including without limitation text, data, video, and links, but excluding photographs, that a Scene Maker posts on a Scene.
d. "Scene Maker”: A person that creates an account on the Service.
e. “Profile”: Your personal profile page on the Service.
3. Permitted Uses.
a. Registration. You must register with Shop Scenes and create an account (including selecting a screen name/username for Your account) in order to create a Scene. Shop Scenes, in its sole discretion and at any time, may change, remove, reclaim, and/or reassign the screen name/username associated with Your account (this potentially includes but is not limited to a trademark owner complaining about a screen name/username that does not closely resemble Your real name).
b. Age Limit. Only adults (18 years and over) may register for a Scene Maker account. Your Scene Maker account gives You access to the services and functionality that Shop Scenes may establish and maintain from time to time and in Shop Scenes' sole discretion.
c. Management of Scene Maker Account. You are responsible for any and all activities occurring or content that is posted under Your account. If You discover any unauthorized activity under Your account, please alert Shop Scenes immediately, by sending an email alert to firstname.lastname@example.org.
d. Scene Maker Representations. You make the following representations:
(1) You must do Your best to create high quality Scenes.
(2) You are solely responsible for Your Scene Content.
(3) You may only use Scene Content to which You have the necessary rights, including (but not limited to) intellectual property rights regarding copyright, trademark, and trade secrets. This means, among other things, that You must have permission to use third party content from the content owners.
e. Contact by Shop Scenes. By giving Shop Scenes Your email address, You grant Shop Scenes permission to send communications from Shop Scenes, such as account creation confirmations, service announcements, administrative messages, and any of the opt-in Shop Scenes newsletters you select to that address. You may opt out of certain email communications from Shop Scenes by following the instructions on the email. You may not opt out of Service-related messages. If You do not want to receive such messages from Shop Scenes, you must cancel Your account.
4. Restrictions and Prohibitions on Use. In Your use of the Service You must abide by the following restrictions and prohibitions on use. As a Scene Maker, You may not:
a. Offensive or Illegal Content. Publish Scenes or Scene Content that include any content or links that are pornographic, defamatory, libelous, tortuous, vulgar, obscene, invasive of privacy, racially or ethnically objectionable, hateful, promotes or provides instructional information about illegal activities, promotes any act of cruelty to animals, or is otherwise offensive.
b. Under Age 13. Publish Scenes or Scene Content targeted at children under the age of 13.
c. Compliance with the Law. Use Shop Scenes or the Service to violate any Federal, state or local laws. Your Scenes must comply with all laws regarding online conduct and acceptable content.
d. Unauthorized Access or Use.
(1) Hack the Service or modify any Scenes that are not Your own.
(2) Link to any worms or viruses or any code of a destructive nature.
e. Unrelated Links. Link to pages or sites that are unrelated to the Scene Content of Your Scene.
f. Reverse Engineer. Remove, decompile, disassemble or reverse engineer any Shop Scenes Software (as defined below) or use any network monitoring or discovery software to determine the Service architecture.
g. Confidentiality. Publish Scenes or Scene Content in breach of a confidentiality or fiduciary obligation You may have.
h. Redirects. Attempt to automatically redirect Service users to other domains, mislead users of the origins of the Scene Content contained in Your Scenes, or use Your Scenes as storage for remote loading or a door or signpost to a website outside of the Service.
i. Impersonation. Impersonate another person, Scene Maker, entity, or any representative or employee of Shop Scenes.
j. Disruptions of the Service. Disrupt the Service, or any servers by embedding code in the Scenes or otherwise attacking the Service.
k. Illegal Activities. Publish Scenes or Content for any illegal activities or to promote or make solicitations for any illegal or unauthorized activity.
l. Spam. Spam any user or mass email any user in an automated fashion.
m. User Information. Collect personal identifiable information about the individuals viewing Your Scenes sell or transfer that information.
n. Harvest email addresses. Use any automatic or manual process to harvest email addresses or other information from the Service.
o. Behavior. Harass, threaten or intimidate Scene Makers or others who use the Service.
p. Gambling. Promote gambling or links to sites that promote/offer gambling for money.
q. Misleading Information. Display misleading tags, categorizations, and/or titles that don’t match the Scene's content, including irrelevant or excessive tagging.
r. Bots. Use automation tools to create Shop Scenes accounts, Scenes, or Scene Content, to follow Scenes, or to edit Scenes. This includes, but is not limited to comment blasters, and similar software and online tools and services.
s. Identical Scenes. Publish Scenes or Scene Content that are identical to, substantially similar to, or derived from other Scenes.
5. Discontinuation or Modification of the Service.Shop Scenes reserves the right to modify or discontinue, temporarily or permanently, the Service or any portion thereof at any time, without liability to You or any third party. In addition, Shop Scenes, in its sole discretion, may terminate Your password, account or use of or access to the Service, and remove and delete any Scenes or Content, for any reason.
6. Proprietary Rights and Content Ownership.
a. Proprietary Rights. The Service and any software used in connection with the Service (collectively referred to as "Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by Shop Scenes or advertisers, You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. In addition, the content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Service are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights. The copying, redistribution, use or publication by You of any such matters or any part of the Service, except as expressly allowed herein or via distribution tools Shop Scenes makes available to users is strictly prohibited. Shop Scenes may at any point make additional software and tools available to Scene Makers in connection with the Service ("Additional Software"). Scene Makers who incorporate such Additional Software into their Scenes may have to agree to additional terms and conditions before using such software, and all rules and obligations outlined in these Terms apply to the ownership and use of such Additional Software.
b. Content Ownership.
(1) Shop Scenes does not claim ownership of Your Scene Content. Such content will be owned by You or a third party from whom You got permission to post the content. By posting Scene Content on the Service, You grant Shop Scenes a worldwide, royalty-free, and non-exclusive license, for as long as Your Scene is displayed on Shop Scenes and for a commercially reasonable time thereafter, to reproduce, publicly display, publicly perform, distribute, modify, adapt and publish the Scene Content solely for the purpose of displaying, distributing and promoting Your Scene on or in connection with the Service. You may remove Your Scene Content from the Service at your discretion. . Shop Scenes may preserve and store Scene Content (including, for a commercially reasonable time, Scene Content you have removed from the Service), and may disclose such content if required to do so by law or if Shop Scenes believes in good faith that such preservation or disclosure is reasonably necessary to: (a) comply with legal process (e.g., subpoenas); (b) enforce these Terms; (c) respond to claims that any Scene or Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Shop Scenes, its users and the public.
(2) The Scene Maker, and not Shop Scenes, will be fully responsible for all Content or Scene Content that is uploaded, posted, transmitted or otherwise made available by the Scene Maker on the Service (collectively "User Content"). Shop Scenes cannot guarantee the accuracy, integrity or quality of User Content. Shop Scenes does not pre-screen User Content, but will have the right (but not the obligation) in its sole discretion to refuse or remove any User Content for any reason, including User Content that may violate these Terms, or that is otherwise objectionable. Shop Scenes also cannot take responsibility for anything that Your Scene users may do in reliance on the Scene Content You post in Your Scenes.
7. Trademarks and Service Marks. "Shop Scenes" is a service mark or trademark and protected by applicable laws. Other product and company names mentioned on the Service may be the trademarks of their respective owners.
8. Links to Third Party Websites. Your Scene and the Service may include links to other sites or resources over which Shop Scenes has no control or responsibility. Shop Scenes does not monitor, investigate or check these sites for accuracy or completeness. As a result, Shop Scenes is not responsible for the content or advertising on such sites, products or other materials which they may provide, such sites’ availability, or any damages caused or alleged to be caused in connection with such external websites. All such external websites included as links in Your Scene or accessed by You via the Service is done at Your own risk and with Your own liability. The Scene Maker is still responsible for what links he or she elects to put in his or her Scenes.
9. Earning Money Through Shop Scenes Earnings Program. Shop Scenes offers Scene Makers the ability to earn money through the Shop Scenes Earnings Program. You acknowledge and agree to the following:
a. Approval and Acceptance. Your approval and acceptance into the Shop Scenes Earnings Program is in Shop Scenes’ sole discretion.
b. Removal of Suspension. Shop Scenes may suspend or remove the Shop Scenes Earnings Program or any part thereof (including Your participation in it) at any time, in Shop Scenes’ sole discretion.
c. Transfer Restrictions. You may not transfer or assign Your Shop Scenes Earnings Program account to any other person and/or entity.
a. Consideration. As consideration for your participation in Shop Scenes Earnings Program, You shall receive a payment related to the valid referral activity on Your Scenes from participating networks or retailers. For the avoidance of doubt, payments to You for Your participation in the Shop Scenes Earnings Program will be made to you by Shop Scenes
b. Earnings. Your payment shall consist of Your Earnings. "Earnings" means Your net revenue share portion of those valid, earned, and collected (by Shop Scenes) revenues credited to your account that are generated solely from Shop Scenes Earnings Program based on referral activity on Your Scene, minus any and all commissions, fees, bad debts, third-party deductions, payment processing costs, charge-backs to Your account, fraudulent amounts, and any other deductions that Shop Scenes deems necessary with respect to the provision of the Shop Scenes Earnings Program for Your Scene (such deductions to be determined in Shop Scenes’ sole discretion). You acknowledge and agree that Shop Scenes may change the revenue share with any third-party and/or You at any time, in Shop Scenes’ sole discretion.
c. Earnings Determination. The final determination of Your Earnings and payment amount to You for use of the Shop Scenes Earnings Program on Your Scenes will be made by Shop Scenes in its sole discretion. Payment shall be calculated and based on records maintained by Shop Scenes (possibly in conjunction with any third-party referral program that participates in the Shop Scenes Earnings Program). No other data or statistics shall be accepted by Shop Scenes or have any effect with respect to the Shop Scenes Earnings Program.
d. Schedule. Payments to You shall be sent by Shop Scenes within approximately thirty (30) days after the end of each calendar month that valid referrals from the Shop Scenes Earnings Program were credited to your Earnings history, if Your Earnings history is Fifty Dollars ($50) or more (otherwise payments will be withheld and will rollover until that month in which the total Earnings history has exceeded fifty dollars ($50). For the avoidance of doubt, payments may be delayed and/or withheld (among other reasons) to the extent that Shop Scenes has a delay in processing applicable reports and/or crediting Your account.
e. Non-Disclosure. You acknowledge and agree that You will not publicly disclose Your payments or Earnings (including any subcomponents thereof) from the Shop Scenes Earnings Program without prior written consent of Shop Scenes.
11. Fraud, Other Invalid Activity, and Breach.
a. Fraudulent Activity. Shop Scenes reserves the right to withhold payment from You if You have, directly or indirectly, engaged in activity that is deceptive or fraudulent in nature, as determined by Shop Scenes in its sole discretion. Notwithstanding anything to the contrary, Shop Scenes shall not be liable for any payment from the use of Shop Scenes Earnings Program based on: (a) any fraudulent or deceptive activities; or (b) invalid activities generated by any person or automated means.
b. Forfeiture. Any breach by You of this Agreement shall result in the permanent forfeiture of any Earnings for the applicable period. Notwithstanding any other remedies that Shop Scenes may elect to pursue, such breach may result in a charge-back and/or future withholding for Your account, and you agree that Shop Scenes may seek any such amounts from you in any manner permitted by law.
12. Account Information.
a. Contact Information. With respect to Your use of the Shop Scenes Earnings Program, in order to ensure payment, You agree to provide and maintain accurate information associated with Your account, including: name, address, additional contact information (as may be requested), payment account information, and any other information (as reasonably requested by Shop Scenes). You acknowledge and agree that it is Your sole responsibility to provide Shop Scenes with accurate and sufficient information (as deemed by Shop Scenes in its sole discretion) such that Shop Scenes may make payments to You.
b. Withholding Payment. Shop Scenes may not be able to make payment to You, and may withhold payment, because of any (or combination) of the following reasons, including but not limited to: You have submitted inaccurate, partial, or insufficient payment information; Shop Scenes has been unable to reach You after contacting the address listed in Your account; the selected payment organization has rejected and/or returned payment to Shop Scenes; You have not logged into Your account to provide all necessary information for the Shop Scenes Earnings Program.
13. Taxes. By participating in the Shop Scenes Earnings Program, You assume sole responsibility for any taxes owed, and You agree to pay all applicable taxes or charges imposed by any government entity in connection with Your participation.
14. Payment Mechanism and Uncollected Payments.
a. Payment Mechanism. Shop Scenes in its sole discretion will determine the approved payment mechanism(s) for You to receive payments due from Your running the Shop Scenes Earnings Program. Your participation in the Shop Scenes Earnings Program may be suspended or approval withheld until Shop Scenes can validate that You have a valid account with approved payment mechanism. Payment mechanisms may be edited, added, or removed at any time, in Shop Scenes sole discretion. The following are the currently approved payment mechanisms for the Shop Scenes Earnings Program: PayPal.
b. Information. You must provide all necessary information (to both Shop Scenes and any applicable third-parties) for Shop Scenes to process payments to You.
c. Collection Deadline. You must collect the payment amount posted to Your account with the payment company within six (6) months of such payment being made by Shop Scenes. If after such six (6) month timeframe, either You fail to collect Your payment and/or payment is not accepted into Your account with the payment company (i.e. bounced payments), You acknowledge and agree that the funds represented by such uncollected payment may be cancelled and that (if cancelled) You hereby forfeit such payment amount, waive any claim relating to the dispute of such payment, and disclaim any and all interest in such funds.
15. Account Closure and Inactivity.
a. Termination by Shop Scenes. In the event that Services are terminated by Shop Scenes and/or Shop Scenes elects to cease Your participation in the Shop Scenes Earnings Program, then except in the event of breach by You, Shop Scenes will make payment of Earnings in Your account that is greater than Fifty Dollars ($50) within approximately ninety (90) days after the end of the calendar month in which the Shop Scenes Earnings Program has stopped running. Any Earnings lesser than this payment threshold will be permanently forfeited by You (and You hereby waive any claim relating to the dispute of such payment and disclaim any and all interest in such funds).
b. Termination by You. In the event that You terminate the Services (pursuant to Shop Scenes’ receipt of Your written termination notice) the entire amount of Earnings in Your account will be permanently forfeited by You (and You hereby waive any claim relating to the dispute of such payment and disclaim any and all interest in such funds).
c. Inactivity. In the event of Inactivity (as defined below), the entire amount of Earnings in Your account will be permanently forfeited by You (and You hereby waive any claim relating to the dispute of such payment and disclaim any and all interest in such funds). "Inactivity" means that any of the following have occurred:
(1) There has been no change to Your Earnings for a period of greater than six (6) months;
(2) You have uncollected payments for a period of greater than six (6) months; or
(3) You have not responded to attempts to contact You at the primary email address listed in the contact information in Your account for a period of six (6) months from the date of the first attempt to contact You for which no response has been received.
a. Modify Terms. Shop Scenes reserves the right to modify the Shop Scenes Earnings program, including without limitation the percentage share or payment structure, at any time in its sole discretion. If Shop Scenes changes any significant terms of Shop Scenes Earnings Program, Shop Scenes will notify You by email, if reasonably practicable, at least two weeks before any such change occurs. At that point, You will have the option of removing Your Scenes from the Service.
b. Third Parties. Shop Scenes integrates with certain third party programs in order to provide the Shop Scenes Earnings program. Shop Scenes does not warrant or guarantee the accuracy of such integration or such third party’s website.
c. Other. You acknowledge and agree that Shop Scenes will not be responsible for, and will not be obligated in any manner to repay You for, any lost earnings. Shop Scenes makes no guarantee under this agreement regarding the amount of Earnings you will achieve in Your account. YOU UNDERSTAND AND ACKNOWLEDGE THAT THERE IS NO GUARANTEE THAT ANY MINIMUM LEVEL OF REVENUE, OR ANY REVENUE, WILL BE GENERATED AS A RESULT OF USING THE SHOP SCENES EARNING PROGRAM.
17. Disclosure of Material Connection.
a. Fees. Shop Scenes may have a marketing or affiliate connection to products or services linked-to or otherwise made available on the Service. Through the use of advertising, marketing or affiliate links contained on the Service, Shop Scenes may collect fees from transactions conducted or purchases made. Shop Scenes makes this disclosure in accordance with the Federal Trade Commission’s 16 CFR, Part 255: "Guides Concerning the Use of Endorsements and Testimonials in Advertising."
b. Endorsements. If You endorse any products or services on the Service for which there is a connection that might materially affect the weight or credibility of the endorsement (i.e., the connection is not reasonably expected by the audience), You must fully disclose the connection. For additional information, please review 16 CFR, Part 255 "Guides Concerning the Use of Endorsements and Testimonials in Advertising."
19. Indemnification. You agree to indemnify, defend and hold Shop Scenes and its partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information, attorneys, advertisers and affiliates harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of these Terms or use of the Service.
20. Disclaimer. THE SERVICE IS PROVIDED "AS IS", "AS AVAILABLE", WITH "ALL FAULTS", AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE HEREBY DISCLAIMED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. SHOP SCENES MAKES NO WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, OR THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.
21. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT SHOP SCENES WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR SCENES, CONTENT TRANSMISSIONS OR DATA, STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, OR ANY OTHER MATTER RELATING TO THE SERVICE. SHOP SCENES ALSO WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO COMPLY WITH THE PROVISIONS OF THESE TERMS.TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SHOP SCENES ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL SHOP SCENES, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO SHOP SCENES HEREUNDER. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF SHOP SCENES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. The Service is controlled and operated from its facilities in the United States. Shop Scenes makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States.
22. Security. Shop Scenes has implemented commercially reasonable technical and organizational measures designed to secure Your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, Shop Scenes cannot guarantee that unauthorized third parties will never be able to defeat those measures or use Your personal information for improper purposes. You acknowledge that You provide Your personal information at your own risk.
24. Copyrights and Copyright Agents.
a. Copyright Notice. If You believe that Your content or other work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information in accordance with the Digital Millennium Copyright Act:
(1) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
(2) A description of the copyrighted work that you claim has been infringed;
(3) A description of where the material that you claim is infringing is located on the Service;
(4) Your address, telephone number, and email address;
(5) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(6) A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
b. Copyright Agent. The Copyright Agent for Notice of claims of copyright infringement via the Service can be reached by following the procedure on our copyright page.
c. Termination of Account. Shop Scenes will terminate a user account if, under appropriate circumstances, the user is determined to be a repeat infringer of copyrights (or other intellectual property) of others.
25. Governing Law. These Terms will be governed by the laws of the State of Washington without regard to its conflict of law provisions.
27. Waiver. The failure of Shop Scenes to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right or provision.
8. Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Shop Scenes without restriction.
29. Notices. Shop Scenes may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through conspicuous posting of such notice on our website, as determined by Shop Scenes in our sole discretion. Shop Scenes reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in these Terms. Shop Scenes is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us.
30. Dispute Resolution. If a dispute arises during your use of the Service or under these Terms, You agree to abide by the following dispute resolution process, only proceeding to the next step if the previous step has not resolved the issue satisfactorily.
a. Read our Support site to see if Your question has been previously answered.
b. Send an email to Shop Scenes at: email@example.com describing the nature of the issue.
c. Send Shop Scenes a letter by registered mail, outlining in detail the problem, steps taken and matters remaining to be resolved to:
Attn: Dispute Resolution 6727 Seward Park Avenue South
Seattle, WA, 98118
d. For any claim related to a payment under the Shop Scenes Earnings Program, You must notify Shop Scenes in writing within thirty (30) days of such payment. By failing to notify Shop Scenes within such timeframe, You hereby waive any and all claims relating to any such disputed payment.
e. For any claim (excluding claims for injunctive or other equitable relief) arising in whole or in part from the Service or these Terms where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute through binding non-appearance-based arbitration. The party electing such arbitration shall 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 shall 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. You agree that all other claims arising in whole or in part from the Service or these Terms shall be decided exclusively by a court of competent jurisdiction located in King County, Washington.