Terms of Services
Revision date: Tuesday, Augest 5, 2008
All services provided by WhatScene.com ("WhatScene.com") may
be used for lawful purposes only. Transmission, storage or presentation
of any information, data or material in violation of any United States
federal, state or city law is prohibited. This includes, but is not limited
to: copyrighted material, material we judge to be threatening or obscene,
or material protected by trade secret and other statute. The subscriber
agrees to indemnify and hold harmless WhatScene.com from any claims resulting
from the use of service which damages the subscriber or any other party.
Prohibited is material that promote any illegal activity or present content
that may be damaging to WhatScene.com's servers, or any other server on
the Internet. Links to such materials are also prohibited.
Examples of unacceptable content or links:
pirated software
hacker programs or archives
Warez sites
NOTICE: IF YOUR ACCOUNT IS FOUND TO CONTAIN ILLEGAL ACTIVITY, ILLEGAL
MP3 FILES, PIRATED SOFTWARE, HACKER PROGRAMS, WAREZ PROGRAMS, OR ANY OTHER
ILLEGAL FILES, YOUR ACCOUNT WILL BE TERMINATED IMMEDIATELY, WITHOUT NOTICE,
AND A FEE MAY APPLY. ADDITIONALLY, WHATSCENE.COM
WILL NOTIFY THE PROPER AUTHORITIES OF YOUR ACTIONS.
Personal Information
You are not allowed to share personal information about you or others over the WhatScene.com network. This includes but is not limited to home phone numbers, mobile phone numbers, and physical addresses. Failure to comply will result in imediant deletion. WhatScene.com attempts to enforce this rule but is not responsible for ANY content whether personal or not transfered between it's users.
Eligibility
In order to register as a member of WhatScene or use this site you must be OVER THE AGE OF 18 or BE OVER THE AGE OF 13 AND OBTAIN PERMISSION FROM YOUR PARENT OR LEGAL GUARDIAN WHO ACCEPTS THE TERMS OF THIS AGREEMENT. Membership is void where prohibited. By using WhatScene you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions contained within this Agreement.
Server Abuse
Any attempt to undermine or cause harm to a server or customer of WhatScene.com
is strictly prohibited. As our customer you are responsible for all your
accounts. Should you violate the Terms of Services outlined within, your
account will be cancelled without notice.
Refusal of Service
We reserve the right to refuse, cancel or suspend service, at our sole
discretion.
Service Fees
You acknowledge that WhatScene.com reserves the right to charge for any portion of the WhatScene Services and to change its fees (if any) from time to time in its discretion. If WhatScene terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of fees or payments (if any).
Limitation of Liability
WhatScene.com shall not be responsible for any claimed damages, including
incidental and consequential damages, which may arise from WhatScene.com's servers going off-line or being unavailable for any reason whatsoever.
Furthermore, WhatScene.com shall not be responsible for any claimed damages,
including incidental or consequential damages, resulting from the corruption
or deletion of any content from one of WhatScene.com's servers. All
damages shall be limited to the immediate termination of service. WhatScene is NOT RESPONSIBLE FOR LOST, DELETED, INCOMPLETE, ILLEGIBLE, MISDIRECTED OR STOLEN MESSAGES, MAIL, PICTURES, IMAGES, MUSIC OR INFORMATION, UNAVAILABLE CONNECTIONS, FAILED, INCOMPLETE, GARBLED OR DELAYED TRANSMISSIONS, ONLINE FAILURES, HARDWARE, SOFTWARE OR OTHER TECHNICAL MALFUNCTIONS OR DISTURBANCES.
Violations
Violations of these Acceptable Use Policies should be referred to legal@whatscene.com.
All complaints will be investigated promptly. Failure to follow any term
or condition will be grounds for immediate account deactivation.
Disclaimer
WhatScene.com cannot be held liable for system down time, crashes or
data loss. We cannot be held liable for any predicated estimate of profits
which a client would have gained if their profile/content was functioning. WhatScene.com holds no
responsibility for the use of our clients' accounts. Failure to comply
with any terms or conditions will result in the automatic deactivation
of the account in question. We reserve the right to remove any account,
without advance notice for any reason without restitution, as WhatScene.com
sees fit.
Account Sign-Up
By creating an account with WhatScene.com, you agree to the above
policies and disclaimer. Upon creating an account, you
are required to accept these policies, guidelines and disclaimer.
WhatScene.com reserves the right to amend any or all of the above policies,
guidelines and disclaimer without notification. We also retain the right
to increase any pricing and make changes to our account plans without
notification.
Privacy
Revision date: Tuesday, Augest 5, 2008
WhatScene.com has created this privacy statement in order to demonstrate
our firm commitment to privacy. The following discloses the information
gathering and dissemination practices for this Web site.
Information Automatically Logged
We use your IP address to help diagnose problems with our server and
to administer our Web site. We use this information for no other reason.
Demographic and profile data is also collected at our site.
We use this data to tailor our visitor's experience at our site showing
them content that we think they might be interested in, and displaying
the content according to their preferences.
Security
This site has security measures in place to protect the loss, misuse,
and alteration of the information under our control. We use strong
encryption to ensure your privacy.
Third Parties
Information collected on this site is strictly for our use, NO OTHER
OUTSIDE PERSONS MAY VIEW YOUR PERSONAL INFORMATION SUCH AS EMAIL ADDRESSSES, BILLING INFORMATION,
ETC.
Contacting the Web Site
If you have any questions about this privacy statement, the practices
of this site, or your dealings with this Web site, you can contact: legal@whatscene.com
Acceptable Use Policy
Revision date: Tuesday, Augest 5, 2008
As a provider of Internet-related services,
WhatScene.com offers its customer (also known as "Subscribers")
and their customers and users the means to acquire and disseminate a wealth
of public, private, commercial and non-commercial information. WhatScene.com
respects that the Internet provides a forum for free and open discussion
and dissemination of information. However, when there are competing interests
at issue, WhatScene.com reserves the right to take certain preventive
or corrective actions. In order to protect these competing interests,
WhatScene.com has developed an Acceptable Use Policy ("AUP"),
which supplements and explains certain terms of each customer's respective
service agreement, and is intended as a guide to the customer's rights
and obligations when using WhatScene.com's services. This AUP will be revised
from time to time.
One important aspect of the Internet is that no one party owns or controls
it. This fact accounts for much of the Internet's openness and value,
but it also places a high premium on the judgment and responsibility of
those who use it, both in the information they acquire and in the information
they disseminate to others. When subscribers obtain information through
the Internet, they must keep in mind that WhatScene.com cannot monitor,
verify, warrant or vouch for the accuracy and quality of the information
they acquire. For this reason, the subscriber must exercise his or her
best judgment in relying on information obtained from the Internet, and
also should be aware that some material posted to the Internet may be
sexually explicit or otherwise offensive. Because WhatScene.com cannot
monitor or censor the Internet, and will not attempt to do so, WhatScene.com
cannot accept any responsibility for injury to its subscribers resulting
from inaccurate, unsuitable, offensive or illegal Internet communications.
When subscribers disseminate information from the Internet, they must
keep in mind that WhatScene.com does not review, edit, censor or take
responsibility for any information its subscribers may create. When users
place information on the Internet, they have the same liability as other
authors for copyright infringement, defamation and other harmful speech.
Also, because the information created is carried over WhatScene.com's
network and may reach a large number of people, including both subscribers
and non-subscribers of WhatScene.com, subscribers' postings to the Internet
may affect other subscribers and may affect WhatScene.com's goodwill,
business, reputation or operations. For these reasons, subscribers violate
WhatScene.com policy and the Service Agreement when they, their customers,
affiliates or subsidiaries engage in the following prohibited activities:
Spamming:
Sending unsolicited bulk and/or commercial information over the Internet.
It is not only harmful because of its negative impact on consumer attitudes
toward WhatScene.com, but also because it can overload WhatScene.com's
network and disrupt service to WhatScene.com's subscribers. When a complaint is received,
WhatScene.com will investigate and shutdown the account that is
SPAMing. A $250 or more charge for violating this policy will be charged to the
person initiating the SPAM. Furthermore WhatScene.com reserves
the right to prosecute for this violation. A $1.00 charge will be assessed
PER "SPAMY" EMAIL,MESSAGE,COMMENT sent should WhatScene.com choose to pursue and prosecute.
Upload Terms:
Pictures
You can upload any picture of you, or that you own(such as your own artwork). You may not upload others artwork or pictures of other people without consent.
Examples
- You are allowed to upload pictures that contaion only you.
- You are allowed to upload pictures that you have created (artwork).
- You are only allowed to upload pictures of other people with they're permission. (This includes your friends, celebrities, or random people)
Mp3 (Audio/Music)
You may upload any Mp3 file that you own the rights too, or have permission you upload.
Examples
- You are allowed to upload Mp3s that you have created (music/audio blogs/ect..).
- You are allowed to upload mp3's that you have permission to upload (Such as a friends band).
- You may not upload music that you do not have permission to upload.
- Large signed "mainstream" artists release singles, you have Limited permission to upload these songs because they are already publicy availible..
What Are Singles?
Artists release singles to radio stations and such. If you have heard a song on the radio than you are allowed to upload it, if you are unsure do some searching around to make sure you are allowed to upload that paticular song.
also note, if an artist complains we will still remove the music as it is still "That Artist's Music"
Do Not Violate!
Uploading of any other material that is copyrighted will be removed, and repeated offenders will be deleted.
Adult-Oriented Content:
WhatScene.com does not allow adult content and will suspend/terminate
any offending account.
Obscene Speech or Materials:
Using WhatScene.com's network to advertise, transmit, store, post, display,
or otherwise make available child pornography or obscene speech or material
is prohibited. WhatScene.com is required by law to notify law enforcement
agencies when it becomes aware of the presence of child pornography on
or being transmitted through its network.
Defamatory or Abusive Language:
Using WhatScene.com's network as a means to transmit or post negative,
defamatory, harassing, abusive or threatening language.
Forging of Headers:
Forging or misrepresenting message headers, whether in whole
or in part, to mask the originator of the message.
Illegal or Unauthorized Access to Other Computers or Networks:
Accessing, illegally or without authorization, computers, accounts or
networks belonging to another party, or attempting to penetrate security
measures of another individual's system (often known as "hacking").
Also, any activity that may be used as a precursor to an attempted system
penetration (i.e., port scan, stealth scan or other information-gathering
activity).
Distribution of Internet Viruses, Worms, Trojan Horses or Other
Destructive Activities:
Distributing information regarding the creation of and sending Internet
viruses, worms, Trojan horses, pinging, flooding, mail bombing or denial
of service attacks. Also, activities that disrupt the use of or interfere
with the ability of others to effectively use the network or any connected
network, system, service or equipment.
Facilitation a Violation of this AUP:
Advertising, transmitting or otherwise making available any software,
program, product or service that is designed to violate this AUP, which
includes the facilitation of the means to spam, initiation of pinging,
flooding, mail bombing, denial of service attacks and piracy of software.
Export Control Violations:
Exporting encryption software over the Internet or otherwise, to points
outside the United States.
Usenet Groups:
WhatScene.com reserves the right not to accept postings from newsgroups
where we have actual knowledge that the content of the newsgroup violates
the AUP.
Other Illegal Activities:
Engaging in activities that are determined to be illegal, including, but
not limited to, advertising, transmitting or otherwise making available
ponzi schemes, pyramid schemes, fraudulently charging credit cards and
pirating software.
Other Activities:
Engaging in activities, whether lawful or unlawful, that WhatScene.com
determines to be harmful to its subscribers, operations, reputation, goodwill
or customer relations.
As we have pointed out, the responsibility for avoiding harmful activities
just described rests primarily with the subscriber. WhatScene.com will
not, as an ordinary practice, monitor the communications of its subscribers
to ensure that the comply with WhatScene.com's policy or applicable law.
However, when WhatScene.com becomes aware of harmful activities, it may
take any action to stop the harmful activity, including, but not limited
to, removal of information, shutting down a web site, implementing screening
software designed to block offending transmissions, denying access to
the Internet, or any other action deemed appropriate by WhatScene.com.
WhatScene.com is also aware that "some" of its subscribers are themselves
providers of Internet services, and that information reaching WhatScene.com's
facilities from those subscribers may have originated from a customer
of the subscriber or from another third party. WhatScene.com does not
require its subscribers who offer Internet services to monitor or censor
transmissions or web sites created by customers of its subscribers. WhatScene.com
reserves the right to directly take action against a customer of its subscribers.
Also, WhatScene.com may take action against the WhatScene.com's subscriber
because of activities of a customer of the subscriber, even though the
action may affect other customers of the subscriber. Similarly, WhatScene.com
anticipates that subscribers who offer Internet services will cooperate
with WhatScene.com in any corrective or preventive action that WhatScene.com
deems necessary. Failure to cooperate with such corrective or preventive
measures is a violation of WhatScene.com policy.
WhatScene.com will not intentionally monitor private electronic mail
messages sent or receive by its subscribers, unless required to do so
by law, governmental authority or when public safety is at stake. WhatScene.com
may, however, monitor its service electronically to determine that its
facilities are operating satisfactorily. Also, WhatScene.com may disclose
information, including, but not limited to, information concerning a subscriber,
a transmission made using our network, or a web site, in order to comply
with a court order, subpoena, summons, discovery request, warrant, statute,
regulation or governmental request. WhatScene.com assumes not obligation
to inform the subscriber that subscriber information has been provided
and, in some cases, may be prohibited by law from giving such notice.
Finally, WhatScene.com may disclose subscriber information or information
transmitted over its network where necessary to protect WhatScene.com
and others from harm, or where such disclosure is necessary to the proper
operation of the system. However, WhatScene.com will never sell information
to other services or outside companies.
WhatScene.com expects that its subscribers who provide Internet services
to others will comply fully with all applicable laws concerning the privacy
of online communications. A subscriber's failure to comply with those
laws will violate WhatScene.com policy. Finally, WhatScene.com wishes
to emphasize that, in signing the Service Agreement, subscribers indemnify
WhatScene.com for any violation of the Service Agreement, law or WhatScene.com
policy resulting in loss to WhatScene.com or the bringing of any claim
against WhatScene.com by any third party. This means that, if WhatScene.com
is sued because of a subscriber's or customer of a subscriber's activity,
the subscriber will be responsible for payment of any damages awarded
against WhatScene.com, plus costs and reasonable attorney's fees.
We hope this AUP is helpful in clarifying the obligations of Internet
users, including WhatScene.com and its subscribers, as responsible
members of the Internet. Any complaints about a subscriber's violation
of this AUP should be sent to legal@whatscene.com.
In other words
Basically, Going off "law" terminology,
Do not blame us for stuff that is YOUR fault.
When you join WhatScene you are responsible. If your under 18 your still responsible, You nor your parents are allowed to take us to court for anything you do. It is YOUR fault. again if you join WhatScene.com you are NOT allowed to blame WhatScene, Nor any of its staff for anything you do.
WhatScene is also not liable for anything that is posted. whether it be Music, video, text, or anything that is anywhere on WhatScene.com
We remove any content that is "nicely" asked to be removed and can be proven as a "copyright infringement" and we try to remove all music that is not released publicly already.
The owner of WhatScene is a normal person and created WhatScene.com at the age of 17 so don't be a douche and try and blame us for something that is not our fault or out of our hands.
Further more, posting personal information is stupid and get you hurt, and even killed so DO NOT DO IT!
Cyber Bullying is not tolerated on WhatScene WHAT-SO-EVER, Doing so will result in being banned from WhatScene forever, and may result in lawsuits.
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