Welcome to Social Scene! We're excited you are here. Please read these Terms of Service (or Terms, as further described in Section 1) carefully as they contain important information about your legal rights, remedies and obligations. By accessing or using Social Scene's Services, you agree to comply with and be bound by these Terms, as applicable to you.
NOTE: IMPORTANT NOTICE: SECTION 8 OF THESE TERMS OF SERVICE CONTAINS A BINDING ARBITRATION AND CLASS ACTION WAIVER THAT MAY AFFECT YOUR LEGAL RIGHTS. PLEASE READ SECTION 8 VERY CAREFULLY.
1. Accepting These Terms
1.1 What's What. Social Scene's events and offerings are available through mobile applications, webpages, and subdomains ("Applications"). Referred to as "Social Scene Services" or our "Services". These Terms apply to any Site(s) on which they are posted; where other terms or agreements are instead posted, those terms or agreements apply to the extent they conflict with these Terms. The material, including without limitation information, data, text, editorial content, design elements, look and feel, formatting, graphics, images, photographs, videos, music, sounds, and other content contained in or delivered via the Services or otherwise made available by Social Scene in connection with the Services is the "Site Content" (or "Content").
1.2 Who's Who. When these Terms use the term "Users" we meant consumers who (a) consume information about or attend Events ("Users") or (b) for any other reason. consumers and third parties using our Services are all referred to in these Terms collectively as "Users," "you" or "your."
When these Terms use the term "Social Scene," "we," "us," or "our," that refers to Social Scene, LLC. and its affiliates, and each of its respective officers, and employees.
1.4 What the "Terms of Service" Means. These Terms of Service and the other documents referenced in them (including in Section 1.3 above) comprise Social Scene's "Terms." These Terms are a legally binding agreement between you and Social Scene governing your access to and use of the Services and setting out your rights and responsibilities when you use the Services. By using any of our Services (including browsing a Site), you are agreeing to these Terms. If you do not agree to these Terms, please do not use or access the Services. If you will be using the Services on behalf of an entity (such as on behalf of your employer), you agree to these Terms on behalf of that entity and its affiliates and you represent that you have the authority to do so. In such a case, "you" and "you're" will refer to that entity as well as yourself.
2. Social Scene's Services and Role
2.1 What We Do. Social Scene creates a social “scene”: an environment to connect people, build relationships and create memories through online campaigns and on-premise social events. Our focus is on providing exposure to our partnering brands, venues, and clients to connect with a great social audience through experiential marketing. Social Scene's Services provide a simple and quick means for Users to manage online registration and sell merchandise or accommodations related to those events to Users or other Users.
2.2 How We Fit In. Social Scene provides its Services, Users must use whatever payment processing method the Social Scene selects. If Social Scene selects a payment processing method that uses a third party to process the payment (e.g Eventbrite and other ticketing platforms Social Scene partners with ), then neither Social Scene nor any of its payment processing partners process the transaction but we transmit the Consumer's payment details to the designated payment provider.
3. Privacy and Consumer Information
4. Term; Termination
4.1 These Terms apply to you as soon as you access the Services by any means and continue in effect until they are terminated. There may come a time when either you or Social Scene decides it's best to part ways as described in Sections 4.2 or 4.3 below. When that happens, these Terms will generally no longer apply. However, as described in Section 4.4, certain provisions will always remain applicable to both you and Social Scene.
4.2 Social Scene may terminate your right to use the Services at any time
- if you violate or breach these Terms;
- if you misuse or abuse the Services, or use the Services in a way not intended or permitted by Social Scene; or
- if allowing you to access and use the Services would violate any applicable local, state, provincial, national, and other laws, rules, and regulations or would expose Social Scene to legal liability.
Social Scene may choose to stop offering the Services, or any particular portion of the Service, or modify or replace any aspect of the Service, at any time. We will use reasonable efforts to provide you with notice of our termination of your access to the Services, where, in Social Scene's sole discretion, failure to do so would materially prejudice you. You agree that Social Scene will not be liable to you or any third party as a result of its termination of your right to use or otherwise access the Services.
4.3 Except to the extent you have agreed otherwise in a separate written agreement between you and Social Scene, you may terminate your access to the Services and the general applicability of Terms by deleting your account. If you are a Consumer using the Services without a registered account, your only option for these Terms to no longer apply is to stop accessing the Services indefinitely. So long as you continue to access the Services, even without an account, these Terms remain in effect. If there is a separate agreement between you and Social Scene governing your use of the Services and that agreement terminates or expires, these Terms (as unmodified by such agreement) will govern your use of the Services after such termination or expiration.
4.4 All provisions of these Terms that by their nature should survive termination of these Terms will survive (including, without limitation, all limitations on liability, releases, indemnification obligations, disclaimers of warranties, agreements to arbitrate, choices of law and judicial forum and intellectual property protections and licenses).
5. Release and Indemnification
This is where you agree to cover Social Scene if you use the Service in a way that causes Social Scene to be the subject of a legal matter, or to face other claims or expenses, or as otherwise set forth herein, to the extent permitted by applicable laws.
5.1 Release. You hereby agree to release Social Scene from all damages (whether direct, indirect, incidental, consequential, or otherwise), losses, liabilities, costs, and expenses of every kind and nature, known and unknown, arising out of a dispute between you and a third party (including other Users) in connection with the Services or any event listed on the Services. In addition, you waive any applicable law or statute, which says, in a substance: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE RELEASED PARTY."
5.2 Indemnification. You agree to defend, indemnify and hold Social Scene and each of its and their respective officers, ticketing platforms, payment processing partners, other partners, and employees, harmless from any and all damage (whether direct, indirect, incidental, consequential or otherwise), loss, liability, cost and expense (including, without limitation, reasonable attorneys' and accounting fees) resulting from any claim, demand, suit, proceeding (whether before an arbitrator, court, mediator or otherwise) or investigation made by any third party (each a "Claim") relating to or arising out of:
- your breach of these Terms (including any terms or agreements or policies incorporated into these Terms);
- your use of the Services in violation of these Terms or other policies we post or make available;
- your breach of any applicable local, state, provincial, national or other law, rule or regulation or the rights of any third party;
- Social Scene’s collection and remission of taxes
Social Scene will provide notice to you of any such Claim, provided that the failure or delay by Social Scene in providing such notice will not limit your obligations hereunder except to the extent you are materially prejudiced by such failure. Also, in certain circumstances, Social Scene may choose to handle the Claim ourselves, in which case you agree to cooperate with Social Scene in any way we request.
6. Disclaimer of Warranties and Assumption of Risks by You
We strive to provide Services in the way you need them, but there are some things it is important for you to understand that we cannot promise.
To the extent permitted by applicable laws, the Services are provided on an "as is" and "as available" basis. Social Scene expressly disclaims all warranties of any kind, express or implied, including, but not limited to, implied warranties of merchantability, title, non-infringement, and fitness for a particular purpose. For example, Social Scene makes no warranty that
- the Services (or any portion of the Services) will meet your requirements or expectations;
- the Services will be uninterrupted, timely, secure, or error-free; or
- the results that may be obtained from the use of the Services will be accurate or reliable.
You acknowledge that Social Scene has no control over and does not guarantee the quality, safety, accuracy, or legality of any event or Content associated with an event, the truth or accuracy of any information provided by Users (including the Consumer's personal information shared within connection with events) or the ability of any User to perform or actually complete a transaction. Social Scene has no responsibility to you for and hereby disclaims all liability arising from, the acts or omissions of any third parties that Social Scene requires to provide the Services.
You understand and agree that some events may carry inherent risk, and by participating in those events, you choose to assume those risks voluntarily. For example, some events may carry the risk of illness, bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to participate in those events.
The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, will be limited to the maximum extent permitted by law.
7. Limitation of Liability
7.1 To the extent permitted by applicable laws, or as otherwise set forth herein, Social Scene and any person or entity associated with Social Scene's provision of the Services (e.g., an affiliate, vendor, strategic partner, or employee) ("Associated Parties"), will not be liable to you or any third party, for:
- any indirect, incidental, special, consequential, punitive, or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data, opportunity costs, intangible losses, or the cost of substitute services (even if Social Scene has been advised of the possibility of such damages); or
7.2 Nothing in these Terms is intended to exclude or limit any condition, warranty, right or liability which may not be lawfully excluded or limited. Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by willful acts, negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Accordingly, only those liability and other limitations which are lawful in your jurisdiction (if any) will apply to you and our liability is limited to the maximum extent permitted by law.
8. IMPORTANT: BINDING ARBITRATION AND CLASS ACTION WAIVER PROVISIONS.
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS. ANY DISPUTE OR CLAIM UNDER THESE TERMS OR WITH RESPECT TO THE SERVICES WILL BE SETTLED BY BINDING ARBITRATION OR IN SMALL CLAIMS COURT (TO THE EXTENT THE CLAIM QUALIFIES) AND WILL TAKE PLACE ON AN INDIVIDUAL BASIS ONLY; YOU AGREE THAT CLASS, CONSOLIDATED OR REPRESENTATIVE ARBITRATIONS, AND CIVIL ACTIONS ARE NOT PERMITTED AND ANY RIGHTS TO BRING SUCH ACTIONS ARE WAIVED BY EACH PARTY.
The parties understand that absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
(a) Contact Us First.
If you have a question or concern about the Services, please contact us first. Our customer support team will try to answer your question or resolve your concern.
(b) Agreement to Arbitrate.
In the unlikely event that our customer support team is unable to resolve your concerns, the parties (you and we) each hereby agree to resolve any and all disputes or claims under these Terms, with respect to the Services or related to our relationship through binding arbitration or in small claims court (to the extent the claim qualifies) instead of in courts of general jurisdiction, and only on an individual basis. In no event may either we or you seek to resolve a dispute with the other as part of any purported class, consolidated or representative proceeding. Binding arbitration is subject to very limited review. Only the arbitrator appointed pursuant to this Section, and not any federal, state, or local court will have the authority to resolve any dispute or claim relating to this Section including, without limitation, regarding the scope, enforceability, and arbitrability of these Terms. This arbitration provision will survive termination of these Terms. These Terms evidence a transaction in interstate commerce and the interpretation and enforcement of this Section 9 is governed by the Federal Arbitration Act, notwithstanding the choice of law set forth in Section 9(h) below.
(c) Scope of Agreement.
This agreement to arbitrate is intended to be broadly interpreted as to legal dispute between you and us. It includes, but is not limited to: (i) all claims arising out of or relating to any aspect of the relationship between us, whether based on contract, tort, statute, fraud, misrepresentation, or any other legal theory; (ii) all claims that arose before this or any prior agreement (including, but not limited to, claims relating to advertising); and (iii) all claims that may arise after termination of these Terms and/or your use of the Services.
(e) No Class Actions.
YOU AND Social Scene AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS, MAY NOT PRESIDE OVER ANY FORM OF CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING, AND MAY ONLY PROVIDE RELIEF IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY'S INDIVIDUAL CLAIM.
(f) Notice of Dispute.
A party who intends to seek arbitration must first send to the other a written Notice of Dispute ("Notice"). The Notice to Social Scene must be addressed to the following address ("Notice Address") and must be sent by certified mail: Social Scene, LLC., Attn: 730 W Lake St Unit 162. Chicago, IL 60661, USA. Notice to you will be addressed to a mailing, home, or payment address currently on record with Social Scene and must be sent by certified mail. If Social Scene has no records of such physical address, such notice may be delivered to your Social Scene account email address. The Notice must (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought. If Social Scene and you do not reach an agreement to resolve the claim within sixty (60) calendar days after the Notice is received, you or Social Scene may commence an arbitration proceeding.
(g) Arbitration Proceedings.
The arbitration will be governed by the Commercial Arbitration Rules, or, if the actions giving rise to the dispute or claim relating to your personal or household use of the Services (rather than business use), the Consumer Arbitration Rules (in each case, the "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Section 9, and will be administered by the AAA and settled by a single arbitrator. (The AAA Rules are also available by calling the AAA at 1-800-778-7879.) All issues in dispute between the parties are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Section 9.
(h) Location of Arbitration Proceedings.
If you are a Consumer, any arbitration hearings will take place (at your option) either in the county of your residence or by phone, except that if you are a Consumer whose residence is in the United States, the hearing will take place in Chicago, Illinois and as permitted by the AAA Rules. If you are a business (i.e., your use of the Services was for commercial use), then unless Social Scene and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location in the United States for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, AAA will determine the location. If your claim is for ten thousand dollars ($10,000) or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds ten thousand dollars ($10,000), the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. All decisions by the arbitrator will be final and binding and judgment on the award rendered may be entered in any court having jurisdiction.
(i) Costs of Arbitration; Legal Fees.
- Payment of Costs and Expenses. Payment of all filing, administration and arbitrator costs and expenses imposed by AAA will be governed by the AAA rules, provided that if you are initiating an arbitration against Social Scene and the value of the relief sought is ten thousand dollars ($10,000) or less, then Social Scene will advance all filing, administrative and arbitration costs and expenses imposed by AAA (subject to reimbursement as set forth below). Further, if the circumstances in the preceding sentence apply and your claim arises from your use of the Services as a Consumer, but the value of the relief sought is more than ten thousand dollars ($10,000) and you demonstrate to the arbitrator that such costs and expenses would be more expensive than a court proceeding, then Social Scene will pay the amount of any such costs and expenses. In the event that the arbitrator determines that all of the claims you assert in arbitration are frivolous according to Federal Rule of Civil Procedure 11, you agree to reimburse Social Scene for all such costs and expenses that Social Scene paid and that you would have been obligated to pay under the AAA rules.
- Payment of Legal Fees. Just as in any court proceeding, each party will initially bear its own attorneys' fees and expenses in connection with any arbitration. Should either party be determined to have substantially prevailed in the arbitration, then upon such party's request, the arbitrator will award such prevailing party the reasonable attorneys' fees and expenses that it incurred in connection with the arbitration, provided that to the extent that the dispute or claim relating to your personal or household use of the Services (rather than business use) Social Scene will not seek to recover its attorneys' fees and expenses in an arbitration initiated by you. The arbitrator may make rulings and resolve disputes as to the reimbursement of attorneys' fees and expenses upon request from either party made within fourteen (14) days of the arbitrator's ruling on the merits.
(j) Future Changes.
Notwithstanding any provision in these Terms to the contrary, you and Social Scene agree that if Social Scene makes any future change to this arbitration provision (other than a change to the Notice Address) Social Scene will provide you with notice of such change and you may reject any such change by sending us written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision as unmodified by such rejected change.
(k) Special Severability.
In the event that any provisions of this Section 9 are found to be invalid or unenforceable for any dispute or claim, then, the entirety of this Section 9 will be null and void with respect to such dispute or claim, and Section 23 will apply in lieu of this Section 9.
You have the right to opt out and not be bound by the arbitration or class action waiver provisions set forth above by sending (from the email address we associate with you as a User) written notice of your decision to opt out to firstname.lastname@example.org, with the subject line, "ARBITRATION AND CLASS ACTION WAIVER OPT-OUT." The notice must be sent within thirty (30) days of your first use of the Services or your agreement to these Terms (whichever is later); otherwise, you will be bound to arbitrate disputes in accordance with the terms of those paragraphs. Note that if you opt-out of these arbitration provisions, Social Scene also will not be bound by them.
9. License to the Social Scene Services
9.1 License to Services. We grant you a limited, non-exclusive, non-transferable, non-sublicensable (except to sub-users registered via the Services), revocable right to use our Services solely to browse the Services and search for, view, register for, or purchase tickets or registrations to an event listed on the Services
9.2 Restrictions on Your License. Without limitations on other restrictions, limitations, and prohibitions that we impose (in these Terms or elsewhere), you agree you will not directly or indirectly
- copy, modify, reproduce, translate, localize, port, or otherwise create derivatives of any part of the Services;
- reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or structure, sequence, and organization of all or any part of the Services;
- rent, lease, resell, distribute, use the Services for other commercial purposes not contemplated, or otherwise exploit the Services in any unauthorized manner;
- remove or alter any proprietary notices on the Services; or (e) engage in any activity that interferes with or disrupts the Services.
9.3 Our Intellectual Property and Copyrights. You agree that all Site Content may be protected by copyrights, trademarks, service marks, trade secrets, or other intellectual property and other proprietary rights and laws. Social Scene may own the Site Content or portions of the Site Content may be made available to Social Scene through arrangements with third parties. Site Content included in or made available through the Services is the exclusive property of Social Scene and is protected by copyright laws. You agree to use the Site Content only for purposes that are permitted by these Terms and any applicable local, state, provincial, national or other law, rule or regulation. Any rights not expressly granted herein are reserved.
9.4 Trademarks. The trademarks, service marks, and logos of Social Scene (the "Social Scene Trademarks") used and displayed in connection with the Services are registered and unregistered trademarks or service marks of Social Scene. Other company, product, and service names used in connection with the Services may be trademarks or service marks owned by third parties (the "Third-Party Trademarks," and, collectively with Social Scene Trademarks, the "Trademarks"). The offering of the Services will not be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed in connection with the Services without the prior written consent of Social Scene specific for each such use. The Trademarks may not be used to disparage Social Scene, any third party or Social Scene's or such third party's products or services, or in any manner that may damage any goodwill in the Trademarks. Use of any Trademarks as part of a link to or from any site is prohibited unless Social Scene approves the establishment of such a link by prior written consent specific for each such link. All goodwill generated from the use of any Social Scene Trademark will inure to Social Scene's benefit. A number of issued patents and patents pending apply to the Services. Site Content may also be protected by copyrights owned by Social Scene and/or third parties. Please note that if you copy portions of the Services you are violating these patent rights and copyrights.
10. Your Rights to Submit a Copyright Takedown Notice
If you are a copyright owner or an agent of a copyright owner and you believe that any content on the Sites infringes your copyrights, you may submit a notice pursuant to the Digital Millennium Copyright Act ("DMCA") by following the directions we provided in Social Scene's Trademark and Copyright Policy.
11. Scraping or Commercial Use of Site Content is Prohibited
The Site Content is not intended for your commercial use. You have no right to use and agree not to use, any Site Content for your own commercial purposes. You have no right to and agree not to scrape, crawl, or employ any automated means to extract data from the Site(s).
12. Fees and Refunds.
12.1 Fees That We Charge. Accessing the Services is free. However, we charge fees when you sell or buy paid tickets or registrations. The fees charged to Users may include certain other charges, including without limitation, facility fees, royalties, taxes, processing fees, and fulfillment fees. In addition, certain fees are meant, on average, to defray certain costs incurred by Social Scene, but may in some cases include an element of profit and in some cases include an element of loss. Social Scene does not control (and thus cannot disclose) fees levied by your bank and/or credit card company.
Be sure to check with your bank or credit card company prior to engaging in a transaction to understand all applicable fees, credit card surcharges, and currency conversion rates.
12.2 Ticket Transfers. If you wish to transfer tickets to an event you have purchased on Social Scene, in some instances, Social Scene may be able to accommodate this for you. In all other instances.
12.3 Refunds. Social Scene asks that all Users contact us with any refund requests.
If you are a Consumer or a User, you acknowledge that should you receive a refund for your ticket, you will discard any ticket that we delivered, and will not use it (or any copy of it) to attend the event. Violation of the foregoing constitutes fraud. You acknowledge that the applicable procedure to check the validity of the ticket must always be followed. Social Scene will not be held liable under any circumstances for costs and/or damage associated with tickets arising from situations of fraud and/or for damage associated with the purchase of the ticket through non-official means, such as third parties.
13. Your Account with Social Scene
We may require you to create an account to access certain features or functions of the Services. You agree to follow certain rules when you create an account with Social Scene, its official ticketing platforms, or use the Services, including the following:
- You must be at least 21 years of age, or the legal age of the majority where you reside, to use the Services. However, if you are under 21, please do not provide us with any information about yourself.
- You agree to provide true, accurate, current, and complete information about yourself, or if you are using the Services on behalf of an entity, the entity (the "Registration Data"). You also agree to update this Registration Data if it changes.
- If there is a dispute between two or more persons or entities as to account ownership, Social Scene will be the sole arbiter of that dispute and Social Scene's decision (which may include termination or suspension of the account) will be final and binding on those parties.
- If you are using the Services on behalf of a company or other entity, you represent and warrant that you have the authority to legally bind that entity and grant Social Scene all permissions and licenses provided in these Terms.
- We may provide you the ability to implement certain permission within your account to third parties including, "sub-users," "sub-accounts," or other credentialed account users. If we do so, you agree that you are solely responsible for all activity that occurs under your account (including actions by sub-users), so you must maintain the confidentiality of your password and account details. You likewise agree that all rules applicable to your account will apply to all third parties to whom you grant access to your account.
- You agree to immediately notify Social Scene of any unauthorized use of your password or account or any other breach of security. You are responsible for (and we will hold you responsible for) any activities that occur under your account.
- You agree to not use our services to collect any sensitive personal information, such as health information (including "protected health information" as defined in 45 C.F.R. §160.103), social security numbers, financial information, payment card numbers, driver's license numbers, and passport numbers unless otherwise permitted by these Terms or Social Scene has consented to such collection in writing.
14. Our Community Guidelines
You agree to abide by the Social Scene Community Guidelines whenever you use or access our Services. Please read these carefully, as they affect what types of content and conduct are permitted on and through the Social Scene Services.
Notices to you may be sent via email or regular mail to the address in Social Scene's records. The Services may also provide notices of changes to these Terms or other matters by displaying notices or links to notices to you generally on the Services. If you wish to contact Social Scene or deliver any notice, you can do so at Social Scene, LLC., Attn: Social Scene, LLC., Attn: 730 W Lake St Unit 162. Chicago, IL 60661, USA, or via email to email@example.com
15.1. Modifications to the Terms or Services Social Scene reserves the right to modify these Terms from time to time (collectively, "Modifications"). If we believe the Modifications are material, we will inform you about them by doing one (or more) of the following
- posting the changes through the Services;
- updating the "Updated" date at the top of this page; or
- sending you an email or message about the Modifications.
Modifications that are material will be effective thirty (30) days following the "Updated" date or such other date as communicated in any other notice to you. Modifications that are simply addressing new functions we add to the Services or which do not impose any additional burdens or obligations on you will be effective immediately. You are responsible for reviewing and becoming familiar with any Modifications. Your continued use of the Services following Modifications constitutes your acceptance of those Modifications and the updated Terms. In certain circumstances, Social Scene may seek a Modification to these Terms that will only apply to you. This type of Modification must be accomplished by way of a written or electronic document signed by you and an authorized officer of Social Scene. Social Scene is constantly evolving our products and services to better meet the needs of our Users. Because of this, we cannot guarantee the availability of certain product features or functionality. Social Scene reserves the right to modify, replace or discontinue any part of the Services or the entire Service.
We may, without your consent or approval, freely assign these Terms and our rights and obligations under these Terms whether to an affiliate or to another entity in connection with a corporate transaction or otherwise.
17. Entire Agreement.
Except as otherwise set forth herein, these Terms constitute the entire agreement between you and Social Scene and govern your use of the Services, superseding any prior or contemporaneous agreements, proposals, discussions, or communications between you and Social Scene on the subject matter hereof, other than any written agreement for Services between you and an authorized officer of Social Scene relating to a specified event or events.
18. Applicable Law and Jurisdiction
These Terms are governed by the laws of the State of Illinois, without regard to its conflict of laws rules. These laws will apply no matter where in the world you live. But if you live outside of the United States, you may be entitled to the protection of the mandatory consumer protection provisions of your local consumer protection law. Social Scene is based in Chicago, Illinois, and any legal action against Social Scene related to our Services that is not precluded by the arbitration provisions in these Terms must be filed and take place in Chicago. Thus, for any actions not subject to arbitration, you and Social Scene agree to submit to the personal jurisdiction of the federal or state courts (as applicable) located in Chicago, Illinois.
We welcome and encourage you to provide feedback, comments, and suggestions for improvements to the Services ("Feedback"). Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
20. Third Party Websites; Linked Accounts; Third-Party Offers
The Services may provide, or Users may provide, links to other Internet websites or resources. Because Social Scene has no control over such websites and resources, you acknowledge and agree that Social Scene is not responsible for the availability of such websites or resources, and does not endorse and is not responsible or liable for any Content, advertising, offers, products, services or other materials on or available from such websites or resources, or any damages or losses related thereto, even if such websites or resources are connected with Social Scene partners or third-party service providers. For example, if you purchase ticket insurance on Social Scene from a third party, your contractual relationship is with the third party ticket insurance provider, not Social Scene.
21. Additional Miscellaneous Provisions
Our failure to enforce any part of these Terms will not constitute a waiver of our right to later enforce that or any other part of these Terms. No oral waiver, amendment, or modification of these Terms will be effective. If any provision of these Terms is found to be unenforceable, that part will be limited to the minimum extent necessary and the other provisions of these Terms remain in full force and effect. Section titles in these Terms are for convenience and have no legal or contractual effect. No independent contractor, agency, partnership, joint venture, or other such relationship is created by these Terms. We may freely assign any of our rights and obligations under these Terms. We may translate these Terms into other languages for your convenience. If there is a conflict between the English version and a translated version, the English version will control.