Terms of Use

 

Important - Read Carefully

This Website is operated by TXTBUZZ, INC. dba Zipscene (“Zipscene”). BY USING AND/OR VISITING THIS WEBSITE (collectively, including all Content available through the Zipscene.com domain name, the "Site", or "Website"), YOU SIGNIFY YOUR ASSENT TO BOTH THESE TERMS AND CONDITIONS (the "Terms of Service") AND THE TERMS AND CONDITIONS OF Zipscene's PRIVACY POLICY, WHICH ARE PUBLISHED AT http://www.Zipscene.com/about/privacy, AND WHICH ARE INCORPORATED HEREIN BY REFERENCE. If you do not agree to any of these terms, then please do not use the Zipscene Website.

Zipscene reserves the right, at its discretion, to update or revise this Agreement dated 3/31/2007. Your continued use of the site following notification of revisions constitutes your consent to such changes.

 

About Zipscene

Zipscene has created this Website to create an on-line community to help connect both consumers and entertainment businesses on a local level.

Zipscene members are entitled to the following benefits: 1) a personalized Website to provide a single location to find out what is happening at their favorite entertainment venues, 2) a Zipscene membership card to receive special offers from participating Zipscene businesses, and 3) an on-line community where they can communicate with their friends.

 

Copyright

The text, data, content, organization, images, graphics, design, software (including the underlying source and object codes), digital conversion and any other materials included in or related to the Website are our property and are protected under applicable copyrights, trademarks and other proprietary rights (including but not limited to intellectual property). The collection, arrangement and assembly of all content on the Website is copyrighted as a “collective work” under the United States Copyright Laws and we own a copyright in the selection, coordination, arrangement and enhancement of such content. The copying, redistribution, use or publication by you of any such matters or any part of the Website, except as allowed under these Terms of Use, is strictly prohibited. You may not modify, remove, delete, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any content. You do not acquire ownership rights to any content, document or other materials viewed through the Website. The posting of information or materials on the Website does not constitute a waiver of any right in such information and materials.

 

Using the Zipscene Services

In order to access some features of the Website, you will have to create an account. When creating an account, you agree to provide accurate and complete information. You are solely responsible for the activity that occurs on your account. You agree to keep your password confidential. You may not share your password or permit anyone else to use your membership card. You must notify Zipscene immediately of any breach of security or unauthorized use of your account. You agree to never use another’s account without permission. Your right to use the Website is not transferable. Any password or right given to you to obtain information or documents or to purchase products or services is not transferable.

Zipscene membership is limited to individuals who are 18 and older. You may not use this Website if you are under 18 years of age. You also agree that you will not send an invitation to join Zipscene to anyone under the age of 18.

THIRD PARTY SITES
This site may link you to other sites on the Internet (“Linked Sites”). The Linked Sites are not under Zipscene’s control, and Zipscene is not responsible for the contents of any Linked Sites, including without limitation the accuracy, copyright compliance, legality, or decency of the Linked Sites or any links contained therein. These links are provided for your convenience, and do not imply endorsement of the Linked Sites by Zipscene or any association with its operators. All rules, policies (including privacy policies) and operating procedures will apply to you while on such sites. We are not responsible for information provided to you by any merchants. We and the merchants are independent contractors and neither party has the authority to make any representations or commitments on behalf of the other.

 

How you may use our materials

The content of this site is protected by copyright under both United States and foreign laws. You may download, use, and copy the materials found on the Website for your personal, noncommercial use only, provided that all copies that you make of the material must bear any copyright, trademark or other proprietary notice located on the Website which pertain to the material being copied. Except as authorized in this paragraph, you are not being granted a license under any copyright, trademark, patent or other intellectual property right in the material or the products, services, processes or technology described therein. All such rights are retained by Zipscene and/or any third party owner of such rights. You may not create framed links or deep links to the site without express written permission from Zipscene. Content on the Website is being provided to you AS IS for your information and personal use only.

 

How you may use our marks

Txtbuzz, Zipscene, our logo, and all related design marks and slogans are the trademarks or service marks of Zipscene or its subsidiaries or affiliates. You are not authorized to use any Zipscene name or mark in any advertising, publicity, or any other commercial manner without the prior written consent of Zipscene.

 

No unlawful or prohibited use

You agree not to use the Website or services offered on the Website for any purpose that is unlawful or prohibited by this Agreement. You may not use the Website or Services in any manner that could damage, disable, overburden, or impair this site or interfere with any other party’s use of the site or Services. You may not seek to obtain any materials or information through the site by any means not intentionally made available or provided for through the site.

The site may contain communications services such as bulletin boards, chat rooms, communities, electronic mail postings, and other public forums. If Zipscene makes such forums available to you, you agree to post messages only if they are relevant to the intended subject matter of the forum.

You agree that you will not:

  • post messages that are inappropriate, unlawful, threatening, obscene, vulgar, pornographic, profane, indecent, defamatory, libelous, abusive, or a violation of the legal rights (including without limitation privacy and publicity) of others.
  • violate the copyright, trademark, or other intellectual property rights of any other person or entity.
  • upload any files containing viruses, corrupted files, or any other component that may be harmful to the operation of another’s computer.
  • improperly assume or claim the identity, characteristics, or qualifications of another person.
  • conduct or forward surveys, contests, pyramid schemes, or chain letters.
  • use the Website for commercial purposes, or post messages that contain advertising or are intended to solicit others to buy or sell services or to make donations.
  • harvest or otherwise collect information about others, including without limitation email addresses, without their consent.
  • post messages for the purpose of spamming.
  • attempt to gain access to any portion of this Website, any computer, server, account, network, software, or hardware associated with this Website, from which you are restricted.
  • violate any applicable laws or regulations.

Zipscene is not obligated to monitor the communication services contained on the Website. However, Zipscene may, at its sole discretion, edit, decline to post, or remove any information or materials or any portion thereof.

Any materials you post through the communication services on the site are public and not private communications, and you acknowledge that these may be read by others without your knowledge. Because Zipscene does not endorse or control the content found in these services, IT MAKES NO WARRANTIES AND SPECIFICALLY DISCLAIMS ALL LIABILITY WITH REGARD TO THE ACCURACY OR RELIABILITY OF ANY SUCH CONTENT. The views expressed through postings to the communications services do not necessarily reflect those of Zipscene.

 

License to Zipscene

By posting or submitting content to the Website, you represent and warrant that you own or otherwise control the rights necessary to do so. In addition, you are granting Zipscene a nonexclusive, fully paid, worldwide license to publish such content, and to copy, display, perform, and modify the content, for so long as you are a member of Zipscene. No compensation will be paid for Zipscene’s use of the materials you post.

 

How we may use information you provide to us

Any feedback, data, answers, questions, comments, suggestions, ideas, or the like which you send to Zipscene will be treated as non-confidential and nonproprietary and you agree that any such information you choose to provide may be reproduced, used, and distributed by Zipscene for any purpose without restriction.

For a full discussion of how we treat your personally identifiable information, please see our Privacy Policy.

 

Endorsements

All product and service marks contained herein that are not Zipscene marks are the trademarks of their respective owners. References that we make to any names, marks, products or services of third parties or hypertext links to third party sites or information do not necessarily constitute or imply our endorsement, sponsorship, or recommendation of the third party, information, product, or service.

 

Disclaimer of Warranties/Limitation of Liability

ALL MATERIALS, INFORMATION, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE.” Zipscene DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. Zipscene MAKES NO WARRANTIES OR REPRESENTATIONS CONCERNING THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, OR ACCURACY OF THE INFORMATION, PRODUCTS, OR SERVICES CONTAINED IN OR OBTAINED THROUGH THE WEBSITE FOR ANY PURPOSE. YOUR USE OF THIS WEBSITE IS SOLELY AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES; THESE EXCLUSIONS MAY NOT APPLY TO YOU.

IN NO EVENT SHALL Zipscene BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, REVENUE, USE, OR DATA WHETHER BROUGHT IN CONTRACT OR TORT, ARISING OUT OF OR CONNECTED WITH THE WEBSITE OR THE USE, RELIANCE UPON, OR PERFORMANCE OF ANY MATERIAL CONTAINED IN OR ACCESSED FROM Zipscene.COM, INCLUDING WITHOUT LIMITATION THE ACCURACY OF BUSINESS EVENT INFORMATION OR PERSONAL PROFILES POSTED THEREIN. Zipscene DISCLAIMS LIABILITY FOR PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM ACTIVITIES OCCURRING ON THE PREMISES OF Zipscene BUSINESS MEMBERS, REGARDLESS OF WHETHER Zipscene HAS SPONSORED OR PROMOTED EVENTS AT SUCH VENUES, AND IS NOT RESPONSIBLE FOR ANY BUSINESS’S FAILURE TO HONOR THE Zipscene MEMBERSHIP CARD.

THE WEBSITE ALSO CONTAINS INFORMATION ABOUT US AND OUR MISSION. WHILE THIS INFORMATION WAS BELIEVED TO BE ACCURATE AS OF THE DATE PREPARED, WE DISCLAIM ANY DUTY OR OBLIGATION TO UPDATE THIS INFORMATION.

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE OR THE ASSOCIATED SERVICES, YOUR SOLE REMEDY IS TO CEASE USING THEM.

The site is operated from a location in the State of Ohio, United States of America. We make no representation that materials found at our sites are appropriate or available for use in other locations. If you access our site from other locations, you are responsible for compliance with local laws.


A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings concerning this agreement.

 

Indemnity

You agree to defend, indemnify, and hold harmless Zipscene and its employees, agents, directors, officers, and shareholders from and against all liabilities, claims, damages, and expenses (including without limitation reasonable attorney’s fees and costs) arising out of your use of the Services, your breach or alleged breach of this agreement, and your breach or alleged breach of the intellectual property or proprietary or other rights of third parties.

 

Termination

Zipscene reserves the right to terminate your access to the site or to any or all of the Services at any time without notice for any reason whatsoever.

 

General

You agree that: (1) the Zipscene Website shall be deemed solely based in Ohio; and (2) the Zipscene Website shall be deemed a passive Website that does not give rise to personal jurisdiction over Zipscene, either specific or general, in jurisdictions other than Ohio. These Terms of Use shall be governed by the substantive laws of the State of Ohio without regard to its conflict of laws principles. Any claim or dispute between you and Zipscene that arises in whole or in part from the Website shall be decided exclusively by a court of competent jurisdiction located in Hamilton County, Ohio. These Terms of Use, together with the Privacy Policy and any other legal notices published by Zipscene on the Website, shall constitute the entire agreement between you and Zipscene concerning the Website. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Zipscene’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. Zipscene reserves the right to amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for any changes. Your use of the Zipscene Website following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE ZIPSCENE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.