Terms of Use

Please read these terms of use carefully. This agreement is a contract that describes your rights and responsibilities.

This is the official terms of use agreement (this "Agreement" or "Terms of Use") for Sceneit.com ("Site," "we," "us," or "our"), an Internet website offered by Screenlife, LLC ("Screenlife"), a subsidiary of Paramount Pictures Corporation ("Parent" or "Paramount"). These Terms of Use describe your rights and responsibilities with respect to the Site. By visiting the Site and using its features, you accept all terms and conditions of this Terms of Use agreement. If you disagree with any or all of the Terms of Use, do not use the Site.

This Site is offered and made available only to users 13 years of age or older who reside in the United States of America. Please discontinue use of the Site immediately if you are not yet 13 years old, do not reside in the United States or if, for any reason, you do not agree with all of the terms and conditions contained in this agreement. By using or attempting to use the Site, you certify that you are at least 13 years of age, meet any other eligibility and residency requirements of the Site and agree with these Terms of Use.

The information and features included in the Site have been compiled from a variety of sources, are for informational and entertainment purposes only and are subject to change at any time without notice. By accessing or linking to the Site, you assume the risk that the information on the Site may be incomplete, inaccurate, out of date, or may not meet your needs and requirements.

In this Agreement, the term "Site" includes all webpages within Sceneit.com as well as any equivalent, mirror, replacement or backup webpages that are associated with the Site. By using this Site, you agree that you will abide by the terms of this Agreement and any additional terms that govern certain products and services, which will be presented in conjunction with those products and services ("Additional Terms"). The Site may also provide rules of participation ("Rules") for certain activities and services including, without limitation, contests and sweepstakes. The Site's Additional Terms, Privacy Policy and the Rules are hereby incorporated in this Agreement by reference.

We reserve the right to modify or replace these Terms of Use at any time in our sole discretion. We will indicate the date the Terms of Use was last updated. Any changes will be effective immediately upon posting the revised version on the Site (or such later date as we indicate therein. Your continued visitation and use of the Site following the posting of any changes to these Terms of Use will constitute your acceptance of such changes. If you do not agree to the changes, you must stop visiting and using the Site.

This Agreement will remain in full force and effect as long as you are a user of the Site and in the event of termination of any subscription, service or feature, you will still be bound by your obligations under this Agreement, the Privacy Policy, and any Additional Terms or Rules.

USER REGISTRATION AND DEREGISTRATION

We may require each user to have a unique user name or login ID and password combination in order to use certain enhanced features or functions of the Site. Please read our Privacy Policy, which describes the personally identifiable information ("Personal Information") we collect, use, disclose, manage and store. As part of the registration process, you will choose a user name and password (or we may assign an initial password which we will give you the option to change). You may only register for and maintain a single account for the Site and you agree not to register for an account for another person or authorize another person to use your account. You may not assign or transfer your account to any other person without our written consent. We reserve the right to refuse registration, or to refuse or limit access to the Site, to anyone in our sole discretion for any reason or no reason.

You agree to provide accurate, current and complete information about you as may be requested by any registration forms on the Site ("Registration Data") and to maintain the security of your username and password. You agree to maintain and promptly update the Registration Data, and any other information you provide to us, to keep it accurate, current and complete. We are not liable for any harm caused or related to the theft or misappropriation of your user name or password, disclosure of your user name or password, or your authorization of anyone else to use your user name or password. You understand that any person with your username and password will be able to access and use your account. You agree to notify us promptly if you discover or otherwise suspect any security breaches related to your account or the Site by sending an email to privacy-admin@sceneit.com.

We may terminate your use of and registration on the Site, at any time and for any reason, with or without cause, without prior notice to you and without any liability or further obligation of any kind whatsoever to you or any other party.

BETA TESTS

You may be given the opportunity to beta test new games and site features. Your participation as a beta tester is subject to the following terms and conditions.

Closed Beta Tests:

Closed beta tests are confidential. The Sceneit.com beta game, including information about features and functionality to be offered as part of the games, is confidential. If you participate in a closed beta test, you will use all reasonable efforts to safeguard and to prevent unauthorized access to, copying, disclosure, and unauthorized use of the beta games. You will carry out the testing personally and not provide access to beta games to any other person. You agree that breach of the above confidentiality obligations will cause irreparable harm to Screenlife, and Screenlife is entitled to, in addition to any other remedies available to it, ex parte injunctive relief without bond to prevent the breach or threatened breach of your obligations. Your obligation to keep the beta games confidential will continue until Screenlife publicly distributes, or has otherwise disclosed to the public through no fault of yours, each of the games and the content that you are testing.

All Beta Tests (Closed And Open):

As a beta tester, you are invited to play the Sceneit.com beta game for the sole purpose of evaluating the game and identifying errors. Nothing in this Agreement, or on this site, shall be construed as granting you any rights or privileges of any kind with respect to the beta game or content that you find here. The beta game is provided for testing on an "as is" "as available" basis and we make no warranty to you of any kind, express or implied.
When playing the beta game, you may accumulate GlitzTM, BlingTM, or other value or status indicators. This data may be reset at any time during the testing process, and it may be reset when Sceneit.com completes this testing phase. In this case, all player history and data may be erased and each player will return to their initial status.
By registering and logging into Sceneit.com, you agree that: (i) playing the beta game is at your own risk and that you know that the game may include known or unknown bugs, (ii) any value or status indicators that you achieve through game play may be erased at any time, (iii) Screenlife has no obligation to make this game available for play without charge for any period of time, nor to make it available at all, (iv) Sceneit.com may be available only by subscription once the testing process is complete or at any time in the future; (v) these Terms of Use apply to your use of the game during the testing phase, and (vi) if it is a closed beta test, you will keep all information about the beta game confidential as stated above and not disclose such information to any other person.
Beta Test accounts are non-transferable under any circumstances.

CONTENT ON THE SITE

This Site and all of the content it contains, or may in the future contain, such as articles, opinions, other text, directories, guides, photographs, illustrations, images, video and audio clips and advertising copy, as well as the trademarks, logos, domain names, trade names, service marks and any and all copyrightable material (including source and object code) and/or any other form of intellectual property (collectively, the "Material") are owned by or licensed to Screenlife or other authorized third parties and are protected from unauthorized use, copying and dissemination by copyright, trademark, publicity and other laws and by international treaties. Nothing contained in these Terms or on the Site, including the ability to create quizzes using third party content, should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Material in any manner apart from the Site without the prior written consent of Screenlife or such third party that may own the Material.

The Site is to be used solely for your noncommercial, non-exclusive, non-assignable, non-transferable and limited personal use and for no other purposes. You must not alter, delete or conceal any copyright or other notices contained on the Site. You shall not, nor will you allow any third party (whether or not for your benefit) to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party, or otherwise use, any Material without the express prior written consent of Screenlife or such third party that may own the Material. Unauthorized use, copying, reproduction, modification, publication, republication, uploading, framing, downloading, posting, transmitting, distributing, duplicating or any other misuse of any of the material is strictly prohibited.

REPEAT INFRINGERS AND COPYRIGHT COMPLIANCE POLICY

We take protection of copyrights, both our own and others, very seriously. In accordance with the Digital Millennium Copyright Act and other applicable law, we have a policy of terminating, in appropriate circumstances and at our sole discretion, the accounts of users who are deemed to be repeat infringers (or any users who infringe any intellectual property rights of others, whether or not there is repeat infringement). Each user agrees that if his or her account is terminated pursuant to this policy, the user will not attempt to establish a new account under any name, real or assumed, and further agrees that if the user violates this restriction by opening a new account after being terminated pursuant to this copyright compliance policy, the user shall indemnify and hold us harmless for any and all liability that we may incur therefor.

We have designated a copyright agent to receive notice of claims of copyright infringement on the Site. Our copyright agent may be reached at copyright-agent@sceneit.com or by mailing a notice to 111 South Jackson, Suite 200, Seattle, WA 98104 Attention: Copyright Agent.

If you believe that your work has been copied in a way that constitutes copyright infringement, please promptly provide our Copyright Agent the following information in writing:

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.
Identification of the allegedly infringing material on the Site and information reasonably sufficient to us to the material.
Information reasonably sufficient to permit the us to contact the complaining party, such as an address, telephone number, and an electronic mail address.
A statement that the complaining party has a good faith belief that the disputed use of the material 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 the copyright owner's behalf.

RULES OF CONDUCT

Your use of the Site is subject to all applicable local, state, national laws and regulations and, in some cases, international treaties. You are solely responsible for all activities, acts and omissions that occur in, from, through or under your user name or password. As a condition of using the Site, you shall not (and shall not enable others to):

use the Site in violation of applicable law or in a manner that facilitates or furthers the violation of applicable law, including but not limited to engaging in speech which may be libelous, defamatory, vulgar, obscene, harassing, discriminatory, or abusive;
use the Site in a way that harms or adversely affects or reflect negatively on us, the Site, our goodwill, name or reputation or causes any harm to us, our affiliates, vendors or users;
use the Site to send or result in the transmission of junk e-mail or unsolicited messages or so-called "spamming" and "phishing";
use the Site to transmit, distribute or upload programs or material that contain malicious code, such as viruses or other potentially harmful programs that may damage, disable, overburden or impair the Site, or otherwise interfere with anyone's use and enjoyment of the Site;
use the Site in a manner that may violate any laws (including, without limitation, laws regarding the transmission of technical data or software exported from the United States), judicial or governmental order, any treaties or violate or infringe upon any intellectual property rights, including rights of publicity or privacy;
attempt to reverse-engineer or recreate any part of the Site or gain unauthorized access to the Site, other users' accounts, names, passwords, personally identifiable information, or other computers, websites or pages connected or linked to the Site;
obtain, compile, transmit, reproduce, delete, revise, view or display any material or information posted by or concerning any other person, firm or enterprise in connection with their or your use of the Site, unless you have obtained the express, prior permission of such other person, firm or enterprise to do so.
use the Site other than for its intended purpose.

CONTESTS AND PROMOTIONS

The Site may contain sweepstakes, contests or other promotions that require you to send material or information about yourself ("Promotions"). Please note that Promotions may be, and often are, governed by separate Rules and Additional Terms which will be made available to you and by which you agreed to abide when you engage in such Promotion. It is your responsibility to read the Rules and/or Additional Terms to determine whether or not you want to and are eligible to participate, register and/or enter.

USER FORUMS AND SUBMISSIONS

Your comments, suggestions and information are important to us. Portions of this Site may provide you and other users an opportunity to submit, display, and/or exchange information, ideas, opinions or other information to us, the Site or other users ("Submission(s)"). You agree that such Submissions are the sole responsibility of the person from which the Submission originated. These Submissions do not reflect the views of the Site, Screenlife or its affiliates. We do not monitor, endorse, edit or screen any Submissions, although we reserve the right to do so, nor shall we be liable for any Submissions that are a violation of this Agreement. Notwithstanding the foregoing, we do monitor and screen user-created quizzes and games that contain audio-visual materials prior to the posting of any such quizzes on the Site. In no event shall the Site, Screenlife or its affiliates have or be construed to have any responsibility or liability for or in connection with any Submission whatsoever; however, if we determine, in our sole discretion, that any Submission may violate this Agreement, we reserve the right, at any time and without limiting any other rights we may have, to refuse to allow you to make Submissions, to remove and delete Submissions, or to revoke your right to use the Site.

The amount of storage space on the Site per user is limited. Some Submissions may not be processed due to space constraints. You agree that we assume no responsibility for deletion of Submissions or any failure to store, receive or deliver Submissions in a timely manner.

If you believe that any content on the Site (including, without limitation, any Submissions) violates any of the terms of this Agreement, please send an email to customer-support@sceneit.com (except for the Copyright Compliance Policy, in which case you should email copyright-agent@sceneit.com and follow the instructions set forth above in "Repeat Infringers and Copyright Compliance Policy"). We reserve the right to take (or refrain from taking) any steps available to us once we receive your message.

LINKING POLICY, HYPERLINKS AND FRAMING

If you link to Sceneit.com, we require that you adhere to the guidelines that follow. You may link only to the home page, and the link must be in plain text. The link must not damage, dilute or tarnish the goodwill associated with our or our Parent's name and/or intellectual property, nor may the link create the false appearance that your website is sponsored, endorsed by, affiliated and/or associated with ours or our Parent's. You may not link to the Site from a site that is unlawful, abusive, indecent or obscene, that promotes violence or illegal acts, that contains expressions of racism, that is libelous, defamatory, scandalous, or inflammatory or is otherwise deemed inappropriate, we determine in our sole discretion. We reserve the right, in our sole discretion, to terminate a link with any website for any reason or no reason at all, including without limitation any website that we deem to be inappropriate or inconsistent with the Site and/or these Terms of Use.

In addition, we make no claim or representation regarding, and accept no responsibility for, the quality, content, nature or reliability of third-party websites accessible by hyperlink from this Site or of websites linking to this Site. These other websites are not under our control and we are not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. The inclusion of any link does not constitute an endorsement by, nor does it incur any obligation, responsibility or liability on the part of the Site, Screenlife, or any of our parents, subsidiaries, affiliates, successors and assigns, and their respective officers, directors, employees, agents, representatives, licensors, suppliers, and operational service providers. When you leave the Site, you should be aware that our terms and policies are no longer applicable. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site as we assume no responsibility or liability for such site.

DISCLAIMER AND LIMITATIONS OF LIABILITY

THIS SITE, AND ALL MATERIALS, PRODUCTS AND POSTINGS ARE MADE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE THE SITE WILL BE AVAILABLE FOR USE, OR THAT ALL PRODUCTS, FEATURES, FUNCTIONS OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED.

YOU AGREE THAT SCREENLIFE AND ITS PARENTS, AFFILIATES, SUBSIDIARIES, LICENSORS AND ASSIGNS, AND EACH OF THEIR RESPECTIVE EMPLOYEES, OFFICERS AND DIRECTORS (COLLECTIVELY, THE "RELEASED PARTIES"), ARE NOT LIABLE TO YOU FOR DAMAGES OF ANY KIND, WHETHER BASED IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OR RESULTING IN ANY WAY FROM OR IN CONNECTION WITH THE SITE, THE USER FORUMS, THE MATERIAL, OR ANY ERRORS OR OMISSIONS IN ITS TECHNICAL OPERATION OF THE MATERIAL, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO, THIS WEBSITE OR ITS RELATED INFORMATION OR PROGRAMS. NOTWITHSTANDING ANY OTHER PROVISION IN THESE TERMS, IN NO EVENT AND UNDER NO CIRCUMSTANCES WILL THE RELEASED PARTIES BE LIABLE TO YOU FOR ANY REASON OR ANY CAUSE OF ACTION WHATSOEVER IN AN AMOUNT GREATER THAN FIFTY DOLLARS ($50). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES AND CONDITIONS, AND/OR THE DISCLAIMER OF SOME TYPES OF DAMAGES, SO SOME OF THE ABOVE MIGHT NOT APPLY TO YOU.

INDEMNIFICATION

By using or registering for the Site, you agree to indemnify, defend and hold the Site, Screenlife and its Parent, affiliates, subsidiaries, licensors, successors and assigns, or any of their respective officers, directors, employees, agents, licensors, representatives, advertisers, operational service providers and suppliers harmless from and against any and all claims, alleged claims, actions, losses, expenses, damages and costs (including reasonable attorneys' fees), resulting from: your violation of these terms or any law; your use of the Site and/or the Material in violation of these terms; information or material posted or transmitted through your computer or membership account, even if not submitted by you, that infringes any copyright, trademark, trade secret, trade dress, patent, publicity, privacy or other right of any person or defames any person; any misrepresentation made by you; and/or our use of any of your information.

Screenlife and its parents and affiliates reserve the right to assume, at our sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with us in the defense of any such claim, action, settlement or compromise negotiations. In no event shall you settle any such matter without our written consent.

LAW THAT APPLIES TO THIS AGREEMENT; MISCELLANEOUS TERMS

This Agreement, together with any Additional Terms, Rules, our Privacy Policy and any other regulations, procedures and policies which we refer to and which are hereby incorporated by reference, contains the entire understanding and agreement between you and Sceneit.com, superseding all prior understandings relating to the Site and your use of the Site. If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

These Terms of Use shall be construed and enforced in accordance with the laws of the State of California, without regard to its conflicts of law principles and will specifically not be governed by the United Nations Conventions on Contracts for the International Sale of Goods, if otherwise applicable. Any cause of action filed by you with respect to the Terms and/or your use of this Site must be filed in the County of Los Angeles, City of Los Angeles, State of California within ninety (90) days after the occurrence of the facts giving rise to the cause of action, otherwise the cause shall be forever barred. You hereby consent and submit to the exclusive personal jurisdiction and venue of the courts located in the County of Los Angeles, City of Los Angeles, State of California for any cause of action relating to or arising under these Terms or the Site. In any action or proceeding commenced to enforce any right or obligation of the parties under this agreement, your use of the site or with respect to the subject matter hereof, you hereby waive any right you may now have or hereafter possess to a trial by jury.