Terms & Conditions
Last Updated August 6, 2015
ACCEPTANCE OF TERMS; MODIFICATIONS
Please read these Terms carefully, because by visiting our Site, you accept and agree to be legally bound by and to comply with these Terms, and our Privacy Statement, which is a part of these Terms. If any supplemental terms and conditions appear on our Site in connection with any particular features, they are incorporated in these Terms. If you do not agree to these Terms, you are not authorized to use our Site. This Site is offered and available to users who are 13 years of age or older. By using our Site, you represent and warrant that you are of legal age to form a binding contract with Scenarios and meet the foregoing eligibility requirement. If you do not meet this requirement, you must not access or use our Site.
We may change the Terms in our sole discretion by posting an updated version of them on the Site, and the updated Terms are effective immediately upon posting, and apply to all access and use of our Site thereafter. If we decide that it is appropriate, we may also provide additional notice of more significant changes. By continuing to use the Site after we post updated Terms, you agree to be bound by the updated Terms. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
ACCESSING THE SITE
We reserve the right to modify, delete or amend this Site, and any service or material we provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users.
You are responsible for:
- Making all arrangements necessary for you to have access to the Site.
- Ensuring that all persons who access the Site through your internet connection are aware of these Terms and comply with them.
PERMITTED USE; OWNERSHIP OF CONTENT
The Site and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Scenarios, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
The Scenarios USA name, trademarks, service marks, and other indicia of source related to Scenarios and its activities (“Scenarios Marks”) are owned by Scenarios. You may not use any of the Scenarios Marks in connection with any product or service in any manner that is likely to cause confusion about the source, affiliation, or sponsorship of the product or service. You may not use any material from the Site in a manner that attributes a false or misleading statement to Scenarios, our affiliates, or any third parties. In addition, you may not use Scenarios Marks in any manner that disparages or discredits Scenarios or any affiliated entity.
These Terms permit you to use the Site for your personal, non-commercial use only. As a condition to your continued use of the Site, you warrant that you will not use the Site for any purpose that violates (A) these Terms, (B) any law or regulation, or (C) the rights of Scenarios, our affiliates, or any third party.
You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Site, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your web browser for display enhancement purposes.
- You may print a reasonable number of pages of the Site for your own personal, non-commercial use and not for further reproduction, publication or distribution.
- You make take such actions as are enabled by our social media features.
You must not:
- Modify copies of any materials from our Site.
- Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
- Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.
- Engage in data mining, harvesting, or any other systematic collection or extraction of information from the Site.
- Access or use for any commercial purposes any part of the Site or any services or materials available through the Site.
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Site in breach of the Terms, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by Scenarios. Any use of the Site not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws.
Linking to the site and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our prior written consent.
This Site may provide certain social media features that enable you to:
- Link from your own or certain third-party websites to certain content on this Site.
- Send e-mails or other communications with certain content, or links to certain content, on this Site.
- Cause limited portions of content on this Site to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us solely with respect to the content they are displayed with. Subject to the foregoing, you must not:
- Establish a link from any Site that is not owned by you.
- Cause the Site or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
- Otherwise take any action with respect to the materials on this Site that is inconsistent with any other provision of these Terms.
You are responsible for all activity under any account you use to link to any part of the Site. We reserve the right in our sole discretion to block access to the Site at any time (A) if we suspect that you have not complied with these Terms; or (B) for other reasons that we determine in good faith are necessary or appropriate, including if we suspect you are using or attempting to use the Site in any way that violates any applicable laws or regulations. We are not liable to you for any loss or damage that may result from any refusal to provide you access to the Site or any portion of it. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease.
We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.
MATERIAL PROVIDED BY YOU AND OTHER USERS
The Site may, from time to time, offer features of the Site, including the blog, that allow you to submit and share text, questions, answers, information, images, photographs, video, or other works of authorship (all together, “User Content”).
If you submit User Content to the Site, you acknowledge and agree that the material you provide will become publicly available, and you grant us an irrevocable, non-exclusive, worldwide, royalty-free, unrestricted license (with the right to sub-license the rights) to reproduce, distribute, create derivative works of, and publicly display and perform User Content in whole or in part in any media now known or later developed; to use the names, likenesses, voices, and other information you submit as part of User Content; and to identify User Content with our description or additional information. When you submit any User Content, you represent, warrant, and covenant that (A) you have the right to submit it; (B) you have obtained all rights and consents necessary to grant this license, including from each individual depicted in User Content; and (C) the User Content does not and will not violate any third party’s copyright, trademark, patent, trade secret, right to privacy or publicity, or any other proprietary, personal or other right of any kind. You irrevocably release (on behalf of you, your successors, heirs, family members, and executors) Scenarios and its affiliates from any claim of any nature that you have or may ever have (based on any cause of action, including rights of publicity or privacy, trademark or service mark, copyright, “moral rights,” false light, libel, defamation, false advertising, intentional or negligent infliction of emotional distress) arising out of any use of User Content you submit and any use of your name, likeness, or other identifiable traits in connection with User Content. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.” If you reside in any other jurisdiction that places similar restrictions on a general release, you waive such restrictions to the maximum extent permissible under the applicable law.
We have no obligation to display or otherwise use any User Content in any way. We have the right to delete, modify, or supplement User Content (or to prohibit you from submitting any further User Content) at any time for any reason without notice to anyone. User Content is not confidential and may be available to the general public via the Site or otherwise. You represent, warrant, and covenant that (1) you are under no obligation that would in any way interfere with the disclosure or use of any User Content you submit and (2) no User Content that you submit contains any material or information furnished to you in confidence or with the understanding that it would not be disclosed or published.
You are solely responsible for any User Content that you submit to the Site. We do not endorse or adopt any User Content. We have no obligation to pre-screen, monitor, edit, supplement, or delete User Content, but we reserve the right to do so at any time without notice to anyone. We may restrict you from submitting new User Content or from otherwise participating in the Site’s interactive features for any reason at any time. We are not responsible for any failure or delay in removing User Content that does not comply with this Agreement.
CONDUCT ON THE SITE
We value a diversity of viewpoints and expect users of our Site to exhibit the same level of respect for others on the Site as they would in any community forum. All users must practice discretion and maintain civility on our Site.
Accordingly, you may not (A) submit, upload, post, email, transmit, or otherwise make available any User Content or other information that is unlawful, tortious, defamatory, vulgar, explicitly sexual, obscene, or libelous, or that is threatening, intimidating, hostile, harassing, abusive on the basis of personal beliefs or other characteristics or otherwise objectionable or inappropriate; (B) submit any User Content or other information that you do not have the right to submit or that violates another party’s right or any law or regulation; (C) send any unauthorized, unsolicited, junk, spam or bulk email, or any advertising or other form of communication that violates these Terms or any law or regulation; (D) upload, post, email, transmit or otherwise make available any User Content or other materials or information that contain any computer code, file or program designed to interrupt, corrupt, destroy or otherwise interfere with or limit the functionality of any software, hardware or equipment or make any authorized transmission or cause any other effect that might reasonably be considered undesirable; or (E) interfere with or circumvent any payment process or secure transmission on the Site.
The information on this Site, including information provided by other users, is made available for general informational purposes only. It should not be construed as legal, educational, employment, financial, medical, or other professional advice (or a substitute for them). If you need professional advice or services, you should consult a qualified person in the relevant field.
LINKS TO THIRD PARTY WEBSITES
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
We respect the copyright and other proprietary rights of third parties. However, we cannot monitor all material posted on the Site. If you believe that any material posted on the Site infringes your copyright, then you may request the removal of those materials from the Site in accordance with the Copyright Act, 17 U.S.C. § 512(c)(3), and the procedures described below.
A notice of infringing material that complies with the Copyright Act, 17 U.S.C. § 512(c)(3) (“Notice”) must be sent to the agent we have designated with the Copyright Office:
Maura Minsky (Executive Director/ Co-Founder)
80 Hanson Place,
Brooklyn, NY 11217
718 230 5125
(PLEASE NOTE: This address serves solely to receive notices of claimed infringement on the Site. Other messages or inquiries sent to this address will receive no reply.)
To comply with the Copyright Act, your Notice must be in writing and must include the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Scenarios to locate the material.
- Information reasonably sufficient to permit Scenarios to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
When we receive a Notice that complies with the Copyright Act, we may remove the identified material and make a good-faith effort to inform the user who posted the allegedly infringing material (the “alleged infringer”) of the Notice and subsequent removal. The alleged infringer may then provide us with a counter-notice (“Counter-Notice”) that the initial infringement notice was erroneous. Such Counter-Notice must be in writing and must include:
- A physical or electronic signature of the alleged infringer.
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
- A statement under penalty of perjury that the alleged infringer has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
- The alleged infringer’s name, address, and telephone number.
- A statement that the alleged infringer consents to the jurisdiction of federal district court and that the alleged infringer will accept service of process from the person who provided notification or an agent of such person.
Upon receipt of a Counter-Notice, we will notify you of the Counter-Notice and restore the material within 10 to 14 business days of receipt of the Counter-Notice, unless you inform us that you have filed an action seeking a court order to restrain the allegedly infringing party from engaging in infringing activity relating to the material on the Site.
Information About You and Your Visits to the site
All information we collect on this Site is subject to our Privacy Statement. By using the Site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Statement.
DISCLAIMER OF WARRANTIES
YOU UNDERSTAND AND AGREE THAT THE SITE AND ALL PRODUCTS, SERVICES, AND CONTENT ASSOCIATED WITH IT ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND THAT YOU USE THE SITE AT YOUR SOLE RISK. SCENARIOS AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER IMPLIED OR EXPRESS, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT; OR WARRANTIES THAT ANY PART OF THE SITE (OR ANY PRODUCTS, SERVICES, OR CONTENT ASSOCIATED WITH IT, INCLUDING CONTENT FROM OTHER SITES DISPLAYED ON THE SITE) WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY, SECURE, ACCURATE, RELIABLE, OR OF ANY QUALITY; OR THAT ANY CONTENT IS SAFE FOR DOWNLOAD OR SUITABLE TO BE RELIED ON FOR ANY PURPOSE. SCENARIOS AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL LIABILITY ARISING FROM ANY PERSON’S RELIANCE FOR ANY PURPOSE ON INFORMATION AVAILABLE ON THE SITE. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR ANY LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE SITE. IN SOME JURISDICTIONS, PORTIONS OF THESE DISCLAIMERS MAY NOT APPLY.
ALTHOUGH SCENARIOS INTENDS TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF COMPUTER VIRUSES OR OTHER MALICIOUS CODE TO THE SITE, SCENARIOS AND ITS AFFILIATES DO NOT GUARANTEE OR WARRANT THAT THE SITE IS FREE FROM SUCH DESTRUCTIVE FEATURES AND ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURES.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT SCENARIOS AND ITS AFFILIATES ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, STATUTORY, OR SIMILAR DAMAGES INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, GOODWILL, USE, DATA OR OTHER TANGIBLE OR INTANGIBLE LOSS (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NO MATTER IF THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY), RESULTING FROM OR ARISING OUT OF (A) THE USE OF OR THE INABILITY TO USE THE SITE; (B) THE PRODUCTS, SERVICES, OR CONTENT ASSOCIATED WITH THE SITE, INCLUDING CONTENT FROM OTHER SITES DISPLAYED ON THE SITE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR PERSONAL INFORMATION OR DATA TRANSMISSIONS; OR (D) ANY OTHER MATTER RELATING TO THE SITE. IN SOME JURISDICTIONS, THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.
You agree to indemnify (and, if requested, defend) Scenarios and its directors, members, officers, employees and agents against any and all losses, liabilities, damages, expenses and costs (including reasonable attorneys’ fees and court costs) that any of them may incur arising out of, or alleged to arise out of, (A) your acts or omissions in connection with your use of the Site in any way; (B) your violation of these Terms or the rights of any other user; or (C) your breach of any representation, warranty, or covenant in these Terms. We reserve the right, at our expense and with counsel of our choice, to participate in the defense (or to assume the exclusive control and defense) of any matter for which we are entitled to indemnification. You agree to provide us with cooperation we reasonably request.
ACCESS FROM OUTSIDE THE UNITED STATES
Scenarios expressly disclaims any representation, warranty, or covenant that the Site or any of its contents are appropriate or will be available for use in locations outside the United States. If you choose to access the Site from other locations, you do so at your own risk and are solely responsible for compliance with all applicable laws. You may not access the Site from any location where doing so would be illegal.
These Terms and any dispute related to the Site are governed by the laws of the State of New York applicable to agreements made and wholly performed there. By using the Site, you hereby irrevocably submit to the personal and exclusive jurisdiction of the federal and state courts located within the State and County of New York for the resolution of any dispute arising out of these Terms or your use of the Site.
Nothing in these Terms may be deemed to create an agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship or similar relationship of any kind between Scenarios and any user or other person or entity, nor do these Terms extend rights to any third party. The failure of either party to assert any right under these Terms will not be considered a waiver of that party’s right, which will remain in full force and effect. These Terms, including the Privacy Statement, constitute the entire agreement and supersede all other agreements (oral or written) between you and Scenarios regarding your use of the Site. The term “including” in the Terms means “including, without being limited to.” If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give the fullest permissible effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect, if doing so does not deprive either party of a material benefit under these Terms. You may not assign your rights under the Terms without our prior written consent, and any attempted assignment in violation of this provision is null and void. Scenarios may assign these Terms and transfer any of its rights or obligations at any time for any reason.
We reserve the right to terminate our Site, these Terms, and any services offered through our Site at any time without notice, for any reason. The “Disclaimer of Warranty,” “Limitation of Liability,” “Indemnification,” and “General Provisions” sections of these Terms (along with any other provision that by its terms contemplates survival) survive any termination of these Terms.
REPORT OF UNAUTHORIZED USE
Please report any violations of these Terms to us at firstname.lastname@example.org. We reserve the right to report any unauthorized use of the Site to appropriate authorities.
If you have questions or concerns about these Terms or any part of the Site or any changes and updates, please contact us at email@example.com.