Terms of Service

1. INTRODUCTION

Welcome to Sceneary.com ("Platform," "Service," "we," "us," or "our"), operated by Unleavened LLC, a Delaware limited liability company headquartered in New York ("Company"). These Terms of Service ("Terms") govern your use of our web-based location booking service that connects photographers with property owners for short-term photography shoot rentals.

By accessing or using our Platform, you agree to be bound by these Terms. If you do not agree to these Terms, do not use our Service.

2. DEFINITIONS

• "Renter" means a photographer or individual booking a property for photography purposes
• "Property Owner" or "Owner" means an individual listing their property for photography rentals
• "Listing" means a property made available for rent through our Platform
• "Booking" means a confirmed reservation for a photography shoot at a listed property
• "User" means any person using our Platform, including both Renters and Property Owners

3. ELIGIBILITY AND ACCOUNT REQUIREMENTS

3.1 Age Requirement

All Users must be at least 18 years of age to use our Platform.

3.2 Beta Period Access

During our beta period, access to the Platform is by invitation only. We verify photographer identities and professional credentials before granting platform access.

3.3 Geographic Restrictions

Our Service is currently available only within the United States during our beta period. We plan to expand globally in the future.

3.4 Account Registration

Users must provide accurate, current, and complete information during registration and maintain the accuracy of their account information.

4. DESCRIPTION OF SERVICE

Sceneary.com provides a platform where photographers can book properties for short-term photography shoots on an hourly basis. Important: Renters do not take possession of properties in the traditional rental sense. Instead, Property Owners grant Renters a license to use the premises specifically for photography purposes during the agreed-upon timeframe.

5. FEES AND PAYMENT TERMS

5.1 Platform Fees

• Renter Platform Fee: The greater of $10 or 10% of the listing price
• Owner Service Fee: A percentage equal to credit card processing costs and operational costs, subject to change
• Beta Period: Owner fees may be waived during our beta period

5.2 Payment Schedule

• Immediate Charges: 25% of listing fee (reservation fee) + full platform fees are charged immediately upon booking confirmation
• Remaining Balance: 75% of listing fee is charged 24 hours before the scheduled shoot
• Payment Processing: All payments are processed through Stripe

5.3 Reservation Fee

The 25% reservation fee compensates Property Owners for making their timeslot unavailable to other potential renters.

NOTE: Payment terms are subject to change. Users will be notified of any modifications to fee structures.

6. CANCELLATION AND REFUND POLICY

6.1 Non-Refundable Fees

• Platform fees paid to Sceneary.com are non-refundable
• The 25% reservation fee is non-refundable under all circumstances

6.2 Listing Fee Refunds

• More than 48 hours before shoot: 75% of listing fee is refundable
• 24-48 hours before shoot: 50% of listing fee is refundable
• Less than 24 hours before shoot: No refunds available

6.3 Weather and Environmental Conditions

Rain, snow, tidal conditions, and other environmental factors are never grounds for refunds. Renters are responsible for checking weather and environmental conditions before booking. Renters may request a raincheck, and Property Owners should reasonably accommodate such requests when possible.

NOTE: Refund policies are subject to change. Users will be notified of any modifications.

7. USAGE RESTRICTIONS AND PROHIBITED CONTENT

7.1 Prohibited Photography

The following types of photography shoots are prohibited on our Platform:

• Nude photography or sexual content
• Activities that could subject participants to bodily harm (dangerous stunts, martial arts, wrestling)
• Any illegal activities

7.2 Property Owner Additional Rules

Property Owners may establish additional usage restrictions for their properties, provided such restrictions:

• Do not discriminate against specific protected groups
• Apply content-based restrictions broadly (e.g., "No political messaging" is acceptable; "No [specific political party] messaging" is not)

7.3 Platform Circumvention

Users may not use the Platform to source photographers or locations for the purpose of circumventing platform fees by completing transactions outside our system.

8. INTELLECTUAL PROPERTY RIGHTS

8.1 Photography Rights

• Photographers and their clients generally retain rights to photographs taken during shoots
• Property Owners retain rights to any copyrighted or trademarked intellectual property visible in photographs (architecture, sculptures, etc.)
• Property Owners grant photographers a license to use images of their copyrighted property commercially

8.2 Marketing Photography

Photographs taken by or on behalf of Sceneary.com for marketing purposes (such as professional property listing photos) are owned by the Platform.

9. PROPERTY REQUIREMENTS AND REPRESENTATIONS

9.1 Property Owner Representations

By listing a property, Property Owners represent and warrant that:

• They own or have legal authority to rent the property for photography purposes
• The property has no legal restrictions against hosting photography shoots
• They carry adequate private insurance covering accidents and incidents that may occur during shoots
• Their insurance policy permits commercial photography activities on the property

9.2 Insurance Requirement

Property Owners must ensure their insurance covers commercial activities before listing their property. Some homeowner's insurance policies exclude commercial activities.

10. LIABILITY AND DAMAGE RESPONSIBILITY

10.1 Waiver of Liability

By using our Platform, all participants (Property Owners, Renters, and their clients) grant Sceneary.com and Unleavened LLC a complete waiver of liability for any accidents, injuries, or incidents occurring during photography shoots.

10.2 Property Damage

• Renters are responsible for any property damage occurring during their shoots
• Normal lawn usage (areas that can recover within 3 days) is not considered damage
• Property Owners should address damage concerns directly with Renters

10.3 Booking Verification

Renters are responsible for verifying all property conditions, environmental factors, and suitability before booking. This includes checking weather forecasts, tidal conditions for waterfront properties, and other relevant factors.

11. DISPUTE RESOLUTION

11.1 User-to-User Disputes

Disputes between Property Owners and Renters should be resolved directly between the parties. Sceneary.com's role is limited to:

• Potential refunds if a listing significantly misrepresented the property
• Facilitating communication between parties

11.2 Platform Disputes

Any disputes between Users and Sceneary.com will be resolved through binding arbitration in New York, in accordance with the rules of the American Arbitration Association.

12. COMMUNICATION

12.1 Platform Communication

Users will communicate through our Platform's messaging system (feature in development). During beta period, Users may share preferred communication methods directly with each other.

12.2 Booking Timeline

• Bookings may be made up to 3 months in advance
• No minimum or maximum rental periods apply

13. DATA RETENTION AND ACCOUNT DELETION

• User accounts remain active until deletion is requested
• Account deletion requires emailing our support team
• Accounts cannot be deleted while active bookings exist
• Property Owners must wait 30 days after their last booking and complete all fund withdrawals before account deletion

14. MODIFICATIONS TO TERMS

We reserve the right to modify these Terms at any time. Users will be notified of material changes, and continued use of the Platform after modifications constitutes acceptance of updated Terms.

15. TERMINATION

We may terminate or suspend accounts for violations of these Terms, illegal activity, or other reasons at our sole discretion.

16. GOVERNING LAW

These Terms are governed by the laws of the State of New York, without regard to conflict of law principles.

17. SEVERABILITY

If any provision of these Terms is found unenforceable, the remaining provisions will continue in full force and effect.

18. CONTACT INFORMATION

For questions about these Terms, contact us at: support@sceneary.com

Unleavened LLC
138 Main St #1020
East Rockaway, New York 11598
USA