SCE.NE CENTRAL LTD.: TERMS OF USE: Version 18th May 2017.
Please read these Terms of Use before accessing or using the Scene website, publishing systems or the managed services (collectively the "Services").
These Terms of Use tell you the rules for using our website, being https://scene.io (the "website"), the Scene publishing system or accessing the managed services (collectively, referred to in these terms as the Website).
1. What is Scene?
Scene is a publishing system and software tool ("Scene") that gives companies back control and ownership of their audiences by way of providing a direct communication channel. Scene enables companies to create more relevant content, more consistently with ease and facilitates ubiquitous distribution and engagement that can be controlled and measured from a single point. Ultimately Scene empowers companies to build, engage and retain their own audiences, not the social networks’.
Scene consists of computer programs, apps, content formats, content templates and custom content source integrations hosted or made available by Scene whether through a registered user's personalised account pages or by any other means that may be accessed through the website (defined below).
Scene may be used for creating, organising, designing, storing, publishing and/or displaying content across multiple computer and network platforms whether now known or hereafter developed (the “Basic Service”).
Scene also offers an enterprise service which includes custom content source integration, advanced brand customisation, advanced analytics reporting and access to and support from our team of content marketing experts who will manage the platform on a company owner's behalf through use of content strategy packages, content creation packages and paid social and advertising packages whether now known or developed specifically for the company owner by our specialist team (the ‘Managed Service’). The Basic Service and Managed Service are collectively referred to hereafter as the "Service".
2. Who we are and how can you contact us
SCE.NE CENTRAL LTD. ("We") operate the website and Services. We are registered in England and Wales under company number 07598398 with our registered office of 84 Brookwood Road, London, SW18 5BY, UK and VAT number is GB115456134. Should you wish to contact us, please email support@scene.io.
3. Use of the Website and Services
These Terms refer to the following additional terms, which depending on the Services accessed through the website will also apply to you:
- Our Privacy Policy, https://scene.io/pages/privacy-policy, which sets out the terms on which we process any personal data we collect from you or that you provide to us. By using our website and accessing the Services you consent to such processing and you warrant that all data provided by you is accurate.
- If you purchase Services, whether Basic Services or Managed Services, via our website our terms and conditions of supply will also apply to such services.
In the event that you purchase Services through the website all payments, service levels and Service cancellation details shall be expressly stipulated in the relevant terms and conditions of supply that will be agreed prior to delivery of the Services by Scene.
Our Website is directed to business users only and we do not represent that content available on or through our Website is appropriate for personal use.
4. Changes to the Terms
We amend these Terms from time to time, we therefore strongly recommend that you print a copy of these Terms for future reference and check the Terms every time you wish to use the website or access the Services to ensure you understand the Terms that apply at that time.
We may also update and change our website from time to time to reflect changes to our service offering, our users' needs and our business priorities.
5. Accessing the Services
Access to the Services is through a unique user identification code that is accessed on the website. If you wish to access Services you will either choose, or be provided with, a user identification code, password or any other piece of information as part of our security procedures (collectively your "account login details").
We have the right to disable account login details, whether chosen by you or allocated by us, at any time if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.
You must treat your account login details as confidential and must not disclose them to any third party. If you know or suspect that anyone other than you knows your account login details, you must promptly notify us at support@scene.io.
6. Interactive services
We may from time to time provide interactive services on our website, including, without limitation chat rooms or bulletin boards ("interactive services") in connection with the Services.
Where we provide interactive service, we will provide clear information to you about the kind of service offered. No interactive services or User Content is or will be moderated by us (whether human or technical moderation).
We will do our best to assess any possible risks for users from third parties when they use any interactive service provided on our website. Please note that we are under no obligation to oversee, monitor or moderate any interactive service we provide on our website, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards.
7. Scene Intellectual Property and Scene Content
a. Scene Intellectual Property Rights
We own all legal right, title and interest in and to the Service (including without limitation all software, publishing systems, coding, content formats, content templates and content source integration tools comprising a part of the Service that is hosted by Scene or Scene servers, and all intellectual property rights therein (whether registered or unregistered). You further acknowledge that all such Scene intellectual property rights are protected by copyright laws and treaties around the world with all such rights being reserved.
b. Scene Content
We are the owner or authorised licensee of the intellectual property rights in our website, all material published on our website and to the content uploaded by us in connection with the Service offering provided through our website ("Scene Content"). Scene Content is protected by copyright laws and treaties around the world, for the avoidance of doubt all such rights are reserved.
You must not modify paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text unless expressly permitted by us. For the avoidance of doubt, our status (and that of any identified contributors) as the authors of content on our website must always be acknowledged.
You must not use any part of our content for commercial purposes without first obtaining our express written approval and consent by way of a licence to do so from us or our licensors.
If you print off, copy or download any part of our website in breach of these Terms, your right to use our website and use the Services will cease immediately and you must, at our option, return or destroy any and all copies of the materials you have made.
8. User Intellectual Property and User Content
a. User Intellectual Property Rights and User Content
If you build templates for use in connection with the Service, using an authorised plug in system that is provided by Scene, you retain all intellectual property rights to the code you have created in the relevant platform that interacts with Scene Intellectual Property (including but not limited to template code) as well as the right to build or reproduce any templates separate from your code.
Creating and installing templates through the Service does not entitle you to any ownership of or to Scene Intellectual Property Rights in the Scene publishing system or platform code, the general concepts behind any of the given or disclosed Scene content templates (including the look and feel of such templates) or the Service itself.
You retain all rights you had to content you upload to the publishing software in connection with your use of the Service through the website ("User Content"); however, Scene retains the right to permit access to User Content to third parties if Scene deems such access necessary in order for Scene to comply with its legal obligations. For the avoidance of doubt any User Content you upload shall be deemed and classified as non-confidential and non-proprietary.
b. User Licence to Scene
You hereby grant Scene a royalty free, irrevocable and worldwide licence to User Intellectual Property and User Content (defined below) as required by Scene in order for Scene to perform the Services and provide you with access to the website, including in respect of the processing, maintenance, storage, technical reproduction, back-up and distribution and handling of User Content and User Intellectual Property by Scene in connection with the Services.
Your continued use of the Service is acknowledgement of your granting Scene a license to display, perform and distribute User Intellectual Property and User Content, and to modify (where strictly necessary for technical purposes) and reproduce such User Intellectual Property and User Content to enable Scene to operate the Service.
c. User Content standards
User content must:
- Be accurate (where they state facts).
- Be genuinely held (where they state opinions).
- Comply with applicable law in England and in any country from which they are posted.
User content must not:
- Contain any material which is defamatory of any person.
- Contain any material which is obscene, offensive, hateful or inflammatory.
- Promote sexually explicit material.
- Promote violence.
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any copyright, database right or trade mark of any other person.
- Be likely to deceive any person.
- Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
- Promote any illegal activity.
- Be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety.
- Be likely to harass, upset, embarrass, alarm or annoy any other person.
- Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
- Give the impression that they emanate from us, if this is not the case.
- Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
You warrant that any and all User Content you upload complies with these Content Standards and you will be liable to us and indemnify us for any breach of this warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty. You are solely responsible for securing and backing up your content.
d. Third party claims and complaints associated with User Content
For the avoidance of doubt, User Content and User Intellectual Property has not been verified or approved by us. The views expressed by other users, including yourself, do not represent our views or values. We have the right to remove any posting you make on or through the website if, in our opinion, your use of the website or Services do not comply with the content standards set out these Terms.
If a third party makes a complaint about content that you have uploaded we will take appropriate steps to investigate the matter and may, at our discretion either notify you of the complaint or alternatively disclose your identity to any such third party who is claiming that any User Content posted or uploaded by you via the website or Services constitutes a violation of their intellectual property rights, or of their right to privacy.
9. How to make a complaint about Scene Content or User Content
If you wish to complain about either Scene Content or User Content uploaded by other users please contact us on support@scene.io.
We will investigate the complaint and issues raised and will aim to respond to you via the same means that you have contacted us with your complaint within 7 days of receipt. In the event that the matter relates to User Content we may be required to pass on your details and the details of your complaint or concern to the relevant user/third party so that they can address your concerns directly.
10. Prohibited uses of the website and Services
You may not use our Website:
- In any way that breaches any applicable local, national or international law or regulation.
- In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
- For the purpose of harming or attempting to harm minors in any way.
- To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards.
- To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
- To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
- Not to reproduce, duplicate, copy or re-sell any part of our Website or service or product offering associated or made available via our Website in contravention of the provisions of our Terms.
- Not to access without authority, interfere with, damage or disrupt:
- any part of our Website;
- any equipment or network on which our Website is stored;
- any software used in the provision of our Website; or
- any equipment or network or software owned or used by any third party.
11. Reliance on website materials and links
The content on our website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our website.
Although we make reasonable efforts to update the information on our website, we make no representations, warranties or guarantees, whether express or implied, that the content on our website is accurate, complete or up to date.
Where our website contains links to other websites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. Please note that we have no control over the contents of those websites or resources.
12. Suspension and termination
We may suspend or withdraw or restrict the availability of all or any part of our Website for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
You are also responsible for ensuring that all persons who access our website through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.
We will determine, in our discretion, whether there has been a breach of these Terms through your use of our website. When a breach of this policy has occurred, we may take such action as we deem appropriate.
Failure to comply with these Terms constitutes a material breach of the terms upon which you are permitted to use our website, and may result in our taking all or any of the following actions:
- Immediate, temporary or permanent withdrawal of your right to use our Website.
- Immediate, temporary or permanent removal of any posting or material uploaded by you to our Website.
- Issue of a warning to you.
- Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
- Further legal action against you.
- Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
We exclude liability for actions taken in response to breaches of these Terms. The responses described in these Terms are not limited, and we may take any other action we reasonably deem appropriate.
13. Our responsibility for loss or damage suffered by you
- We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
- Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products or services to you, which will be set out in our terms and conditions of supply for such products or services.
- We exclude all implied conditions, warranties, representations or other Terms that may apply to our Website or any content on it.
- We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- use of, or inability to use, our Website; or
- use of or reliance on any content displayed on our Website.
- In particular, we will not be liable for:
- loss of profits, sales, business, or revenue;
- business interruption;
- loss of anticipated savings;
- loss of business opportunity, goodwill or reputation; or
- any indirect or consequential loss or damage.
14. We are not responsible for viruses and you must not introduce them
We do not guarantee that our Website will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform to access our Website. You should use your own virus protection software.
You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.
15. Rules about linking to our Website
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to our Website in any website that is not owned by you.
Our Website must not be framed on any other website, nor may you create a link to any part of our Website other than the home page.
We reserve the right to withdraw linking permission without notice.
The website in which you are linking must comply in all respects with the content standards set out in these Terms.
If you wish to link to or make any use of content on our Website other than that set out above, please contact support@scene.io.
16. Which country's laws apply to any disputes?
Scene Services are meant to be used worldwide; however, Scene operations and servers are located in England, and our policies, these Terms and any terms of supply (where applicable) are based on English law. As such, for users located outside of England, you hereby consent to the transfer, storage and processing of your information, including personal information, to and from England and/or other countries outside of the EEA.
All users hereby agree that these Terms and their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law and agree to the exclusive jurisdiction of the courts of England and Wales.
17. Our trade marks are registered
SCE.NE is a UK registered trade mark of SCE.NE CENTRAL LTD. You are not permitted to use this without our approval.
18. Contact Us
Questions, comments and requests regarding this privacy policy are welcomed and should be addressed to 84 Brookwood Road, London, SW18 5BY, UK.