Acceptance of Terms: When visiting DyingScene.com, or using a particular service on or through the website, you are subject to the following Terms of Service (“Terms”). These Terms may be updated periodically without notice to you. You can view the most recent version of the Terms anytime on this page.
Registration Obligations: When using DyingScene.com, you have the option to create a profile on the site. In consideration of your use of the DyingScene.com, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by DyingScene.com’s registration form (such information being the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Dying Scene has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Dying Scene has the right to suspend or terminate your access and refuse any and all current or future use of DyingScene.com (or any portion thereof).
Password Confidentiality: You are responsible to maintain the confidentiality of your password and shall be responsible for all uses of your user account via your registration and/or login, whether authorized or unauthorized by you. You agree to immediately notify us of any unauthorized use of your user account or password.
Your Conduct: You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. You agree that our web site may expose you to Content that may be objectionable or offensive. Dying Scene does not guarantee the accuracy, integrity or quality of such Content and shall not be responsible to you in any way for the Content that appears on this web site nor for any error or omission.
Under no circumstances will Dying Scene be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via DyingScene.com.
You explicitly agree, in using this web site or any service provided, that you shall not:
(a) provide any Content or perform any conduct that may be unlawful, illegal, threatening, harmful, abusive, harassing, stalking, tortious, defamatory, libelous, vulgar, obscene, offensive, objectionable, pornographic, designed to or does interfere or interrupt this web site or any service provided, infected with a virus or other destructive or deleterious programming routine, give rise to civil or criminal liability, or which may violate an applicable local, national or international law;
(b) impersonate or misrepresent your association with any person or entity, or forge or otherwise seek to conceal or misrepresent the origin of any Content provided by you;
(c) collect or harvest any data about other users;
(d) provide or use this web site and any Content or service in any commercial manner or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized advertising without our prior written consent;
(e) provide any Content that may give rise to our civil or criminal liability or which may consititue or be considered a violation of any local, national or international law, including but not limited to laws relating to copyright, trademark, patent, or trade secrets.
You acknowledge that Dying Scene has the right (but not the obligation) in their sole discretion to refuse or edit any Content that is available via DyingScene.com. Without limiting the foregoing, Dying Scene shall have the right to remove any Content that violates the Terms or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Dying Scene or submitted to DyingScene.com, including without limitation information in Posts, Comments, Profiles and in all other parts of DyingScene.com. You acknowledge and agree that Dying Scene may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:
(a) comply with legal process;
(b) enforce the Terms;
(c) respond to claims that any Content violates the rights of third-parties; or
(d) protect the rights, property, or personal safety of Dying Scene, its users and the public.
You understand that the technical processing and transmission of DyingScene.com, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
International Use: Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
Submission of Content: By providing any Content to our web site:
(a) you agree to grant to us a worldwide, royalty-free, perpetual, non-exclusive right and license (including any moral rights or other necessary rights) to use, display, reproduce, modify, adapt, publish, distribute, perform, promote, archive, translate, and to create derivative works and compilations, in whole or in part. Such license will apply with respect to any form, media, technology known or later developed;
(b) you warrant and represent that you have all legal, moral, and other rights that may be necessary to grant us with the license set forth in this section;
(c) you acknowledge and agree that we shall have the right (but not obligation), in our sole discretion, to refuse to publish, to modify or edit, or to remove or block access to any Content you provide at any time and for any reason, with or without notice.
Third Party Services & Content: Content and services of third parties may be advertised and/or made available on or through DyingScene.com. Representations made regarding products and services provided by third parties are governed by the policies and representations made by these third parties. Dying Scene shall not be liable for or responsible in any manner for any of your dealings or interaction with third parties.
Indemnity: You agree to indemnify and hold Dying Scene, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through DyingScene.com, your use of DyingScene.com, your connection to DyingScene.com, your violation of the Terms, or your violation of any rights of another.
No Resale of Service: You agree not to reproduce, duplicate, copy, sell, resell or exploit for any purposes, any portion of the Service, use of the Service, or access to the Service.
Termination: You agree that Dying Scene, in its sole discretion, may terminate your access or use of DyingScene.com, and remove and discard any Content within DyingScene.com, for any reason, including, without limitation, for lack of use or if Dying Scene believes that you have violated or acted inconsistently with the letter or spirit of the Terms. Dying Scene may also in its sole discretion and at any time discontinue providing DyingScene.com, or any part thereof, with or without notice. You agree that any termination of your access to DyingScene.com under any provision of the Terms may be effected without prior notice, and acknowledge and agree that Dying Scene may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or DyingScene.com. Further, you agree that DyingScene shall not be liable to you or any third-party for any termination of your access to DyingScene.com.
Dealings with Advertisers: Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through DyingScene.com, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Dying Scene shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on DyingScene.com.
Links: DyingScene.com may provide, or third parties may provide, links to other websites or resources. Because Dying Scene has no control over such sites and resources, you acknowledge and agree that Dying Scene is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Dying Scene shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
Dying Scene’s Proprietary Rights: You acknowledge and agree that DyingScene.com and any necessary software used in connection with DyingScene.com (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through DyingScene.com or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Dying Scene or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on DyingScene.com or the Software, in whole or in part, Dying Scene grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to DyingScene.com. You agree not to access DyingScene.com by any means other than through the interface that is provided by Dying Scene for use in accessing DyingScene.com.
Disclaimer of Warranties: YOU EXPRESSLY UNDERSTAND AND AGREE THAT: a. YOUR USE OF DYINGSCENE.COM IS AT YOUR SOLE RISK. DYINGSCENE.COM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. DYING SCENE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. b. DYING SCENE MAKES NO WARRANTY THAT (i) DYINGSCENE.COM WILL MEET YOUR REQUIREMENTS, (ii) DYINGSCENE.COM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF DYINGSCENE.COM WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH DYINGSCENE.COM WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF DYINGSCENE.COM IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DYING SCENE OR THROUGH OR FROM DYINGSCENE.COM SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
Limitation of Liability: YOU EXPRESSLY UNDERSTAND AND AGREE THAT DYING SCENE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF AP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE DYINGSCENE.COM; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM DYINGSCENE.COM; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON DYINGSCENE.COM; OR (v) ANY OTHER MATTER RELATING TO DYINGSCENE.COM.
Exclusions and Limitations: SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Notice: Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service.
Reservation of Rights: We reserve all of our rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that we may have in DyingScene.com, its content, and the goods and services that may be provided. The use of our rights and property requires our prior written consent. We are not providing you with any implied or express licenses or rights by making services available to you and you will have no rights to make any commercial uses of our web site or service without our prior written consent.
Notification of Copyright Infringement: Dying Scene respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please contact our copyright agent through this form or send an email to [email protected]
Please be prepared to provide the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; a description of the copyrighted work or other intellectual property that you claim has been infringed; a description of where the material that you claim is infringing is located on the site; your address, telephone number, and email address; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Copyright infringement information must be submited following the above guidelines as outlined by the DMCA.
General Information: The Terms and the relationship between you and Dying Scene shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and Dying Scene agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Los Angeles County, California. The failure of Dying Scene to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of DyingScene.com or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms are for convenience only and have no legal or contractual effect.