IMPORTANT: PLEASE REVIEW THESE TERMS OF USE CAREFULLY. SECTION 17 OF THESE TERMS OF USE REQUIRES MANDATORY ARBITRATION OF DISPUTES BETWEEN US AND YOU ON AN INDIVIDUAL BASIS. THIS MEANS THAT YOU AND SCENEKEY ARE EACH GIVING UP THE FOLLOWING RIGHTS: TO SUE EACH OTHER IN COURT, TO HAVE DISPUTES HEARD OR RESOLVED BY A JUDGE OR JURY, AND TO JOIN A CLASS ACTION AGAINST THE OTHER. FURTHERMORE, SECTIONS 14 AND 15 CONTAIN WARRANTY DISCLAIMERS AND LIMITATIONS ON SCENEKEY’S LIABILITY THAT YOU SHOULD REVIEW.
1. Introduction, Definitions, and Updates
Scenekey® welcomes you to our Sites (see definitions below). These Terms of Use are a binding agreement between us and you that govern your access to and use of all our Sites and related services that we provide. By using the Sites, you affirm that you are at least 13 years old and of legal age to enter into these Terms of Use, or, if you are not of legal age, that you have obtained parental or guardian consent to enter into these Terms of Use and your parent or guardian consents to these Terms of Use on your behalf. You may not access or use the Sites if you are not at least 13 years old. If you violate or do not agree to these Terms of Use, then your access to and use of the Sites is unauthorized. Additional terms and conditions apply to some services offered on the Sites (e.g., Scenekey Giftcard® order Sites) or through other channels. Those terms and conditions can be found where the relevant service is offered on or through the Sites or otherwise and are incorporated into these Terms of Use by reference.
DEFINITIONS:
As used in these Terms of Use, the following terms have the meanings given below:
o “Affiliates” means (i) any Person that directly, or indirectly through one or more intermediaries, owns or controls, is owned or is controlled by, or is under common ownership or control with, such Person, (ii) any officer, director, partner, member, employee, or direct or indirect beneficial owner of such Person or (iii) any other Person for which a Person described in clause (ii) acts in such capacity.
o “Applicable Law” means, for purposes of interpretation and enforcement of this Terms of Use (except as otherwise provided in Section 17), the Governing Law and, for all other purposes, any laws, rules, regulations, or orders of any United States federal, state, or municipal governmental authority with subject matter or personal jurisdiction over the activity or person (or both) in question.
o “Content” means all information, content, Ideas, ratings, messages, reviews, communications, merchandise information, product descriptions, or other materials (including page headers, images, text, illustrations, formats, logos, hashtags, designs, icons, photographs, software programs, music clips or downloads, video clips, and written and other materials) that you make available to us or other users or other persons on or through the Sites, including via chat bots, message boards, surveys, personal profiles, forums, bulletin boards, social media posts, and other interactive features.
o “Control” means the power to direct the management or affairs of a Person.
o “Governing Law” means the applicable laws, rules, regulations, and orders of a governmental authority of the State of Indiana without regard to the State of Indiana’s choice-of-law principles.
o “Ideas” means ideas, concepts, feedback, and know-how that you make available in connection with the Sites.
o “Make available” means to post, transit, publish, upload, distribute, transmit, display, provide, or otherwise submit or make available (including through any part of the Sites administrated by third-party social media platforms [e.g., Facebook, Instagram, Threads, or X] that allow interaction with the Sites through the tools offered by such social media platforms).
o “Materials” means all information, content, ideas, concepts, feedback, know-how, messages, communications, Product information, or other materials (including page headers, images, text, illustrations, formats, logos, hashtags, designs, icons, photographs, software programs, music clips or downloads, video clips, and written and other materials) that Scenekey Entities or Vendors make available on or through the Sites, including the Scenekey Search® listing of Products (as defined in Section 6 below).
o “Ownership” means the beneficial ownership of at least 5% of the voting equity of the Person.
o “Party” or “Parties” means either (or both if plural) Scenekey or you.
o “Scenekey”, “we,” “us” and “our”” means Scenekey Media Properties, LLC and its directors, officers, employees, and agents.
o “Person” means any individual, corporation, limited or general partnership, limited liability company, joint venture, association, organization or other entity.
o “Scenekey Apps” means the official “Scenekey: Apps, Scenekey TV, and Scenekey Chat” application, which includes the Scenekey Search® functionality, that can be downloaded for iOS and Android devices from the iTunes App Store or the Google Play Store and any other mobile application that Scenekey may offer or develop on which these Terms of Use are published.
o “Scenekey Entities” means Scenekey and Scenekey’s Affiliates (and their successors and assigns) and each of their directors, officers, employees, and agents.
o “Sites” means the Scenekey.com website, the Scenekey Apps, and all related websites, subdomains, applications, and social media accounts provided or administered by Scenekey including any websites, applications, or social media accounts related to any of the Scenekey Properties and the functionality, services, and Materials offered by, for, or through Scenekey on or through such websites, applications, or social media accounts or the systems, servers, and networks used to make such websites, applications, and social media accounts available.
o “Terms of Use” means these Terms of Use and all other terms and policies posted by Scenekey on the Sites including our Privacy Policy (and any updates by Scenekey to these Terms of Use and those terms and policies).
o “Vendors” means third-party advertisers, suppliers, vendors, contractors, licensors, and retail tenants in Scenekey Properties that provide any Materials or that sell any Products on or through the Sites, any of which may be an Affiliate of Scenekey, and their directors, officers, employees, and agents.
o “You” and “your” means any user of or visitor to any of the Sites, Scenekey and its associated apps, and any person who otherwise has notice of these Terms of Use.