Terms of Service | Sceneary

1. Introduction

Welcome to Sceneary. These Terms of Service ("Terms") govern your access to and use of Sceneary's website, mobile applications, and services (collectively, the "Platform").

By accessing or using the Platform, you agree to be bound by these Terms. If you disagree with any part of the Terms, you may not access the Platform.

2. Definitions

Throughout these Terms, the following definitions apply:

"Sceneary," "we," "us," and "our" refer to Sceneary Inc., the company operating the Platform.
"You" and "your" refer to the individual or entity accessing or using the Platform.
"Photographer" refers to a user who creates an account to book photography locations on the Platform.
"Property Owner" refers to a user who lists their property for photoshoots on the Platform.
"Booking" refers to the reservation of a Property Owner's space by a Photographer.
"Content" refers to text, graphics, images, music, software, audio, video, information, or other materials.

3. Account Registration

To access certain features of the Platform, you must register for an account. When you register, you agree to provide accurate, current, and complete information and to keep this information updated.

You are responsible for safeguarding your account credentials and for all activities that occur under your account. You agree to notify Sceneary immediately of any unauthorized use of your account.

We reserve the right to disable any user account at any time if, in our opinion, you have failed to comply with these Terms.

4. User Conduct

You agree that you will not:

Use the Platform for any illegal purpose or in violation of any local, state, national, or international law.
Violate or encourage others to violate the rights of third parties, including intellectual property rights.
Post, upload, or distribute any Content that is unlawful, defamatory, libelous, inaccurate, or potentially harmful.
Harass, abuse, or harm another person, including sending unwelcome communications to others.
Impersonate Sceneary, a Sceneary employee, another user, or any other person.
Interfere with or disrupt the Platform or servers or networks connected to the Platform.
Attempt to gain unauthorized access to any portion of the Platform or any other systems or networks connected to the Platform.
Use automated means, including spiders, robots, crawlers, or data mining tools, to download, scrape, or index data from the Platform.

5. Property Listings

For Property Owners

As a Property Owner, you are responsible for all Content you post in your property listings. You represent and warrant that:

You own or have the right to list the property for photography sessions.
Your listing description and images accurately represent your property.
Your property complies with all applicable laws, regulations, and rules.
You will maintain your property in a clean, safe, and photography-ready condition.

Sceneary reserves the right to remove or disable listings that violate these Terms or are otherwise objectionable.

For Photographers

As a Photographer, you agree to:

Provide accurate information when making bookings.
Use properties only for the agreed-upon purpose and during the reserved time.
Respect property rules and guidelines provided by Property Owners.
Leave properties in the same condition as they were found.
Report any damages that occur during your photoshoot.

6. Booking and Payments

All bookings and payments are processed through the Platform. By making or accepting bookings, you agree to comply with Sceneary's Booking and Payment Policies, which are incorporated by reference into these Terms.

Sceneary charges service fees for use of the Platform. Fee structures are available on our Pricing page and may be updated from time to time.

For Property Owners, payments will be released 24 hours after the successful completion of each booking.

All payment disputes should be directed to Sceneary's customer support.

7. Cancellation Policy

Cancellation policies are outlined below, but Property Owners may set their own cancellation terms, which will be clearly displayed on their listings.

Standard cancellation policy:

Full refund if cancelled 7+ days before the booking
50% refund if cancelled 3-6 days before the booking
No refund if cancelled less than 72 hours before the booking

Sceneary reserves the right to waive cancellation penalties in cases of emergency or extenuating circumstances, at our sole discretion.

8. Intellectual Property Rights

Sceneary and its licensors own all intellectual property rights in the Platform, including but not limited to software, text, graphics, logos, and images.

By posting Content on the Platform, you grant Sceneary a non-exclusive, worldwide, royalty-free license to use, display, reproduce, and distribute the Content in connection with the operation of the Platform.

For Property Owners, this includes allowing Sceneary to use property images for promotional purposes. For Photographers, this does not include copyright to photographs taken during bookings, which remain the property of the Photographer.

9. Disclaimers and Limitations of Liability

THE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SCENEARY 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.

SCENEARY MAKES NO WARRANTY THAT THE PLATFORM WILL MEET YOUR REQUIREMENTS, BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED.

IN NO EVENT SHALL SCENEARY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL, ARISING FROM YOUR USE OF THE PLATFORM.

SCENEARY'S TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM THESE TERMS SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO SCENEARY IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.

10. Indemnification

You agree to indemnify, defend, and hold harmless Sceneary, its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, or expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with your access to or use of the Platform, your violation of these Terms, or your infringement of any intellectual property or other rights of any person or entity.

11. Term and Termination

These Terms shall remain in full force and effect while you use the Platform. Sceneary may terminate or suspend your access to the Platform immediately, without prior notice or liability, for any reason, including if you breach these Terms.

Upon termination, your right to use the Platform will immediately cease. The provisions of these Terms that by their nature should survive termination shall survive termination, including, but not limited to, intellectual property provisions, disclaimers, indemnity, and limitations of liability.

12. Changes to Terms

We reserve the right to modify these Terms at any time. If we make changes, we will provide notice by posting the updated Terms on the Platform and updating the "Last updated" date.

Your continued use of the Platform after the changes have been posted constitutes your acceptance of the revised Terms.

13. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions.

Any dispute arising out of or relating to these Terms or your use of the Platform shall first be resolved through good faith negotiations. If negotiations fail, the dispute shall be submitted to binding arbitration in San Francisco, California, in accordance with the rules of the American Arbitration Association.

14. Contact Information

If you have any questions about these Terms, please contact us at:

Email: legal@sceneary.com
Sceneary Inc.
123 Photography Lane
San Francisco, CA 94103

You can also visit our contact page for more ways to reach us.