Mise-En-Scene Weekly, LLC - Website Terms of Use 

Effective: December 16, 2024  

OWNERSHIP OF THE WEBSITE  

These terms and conditions of use (“Terms of Use”) apply to the Mise-En-Scene Weekly, LLC website  located at www.sceneweekly.com and all associated websites linked to it by Scene Weekly, LLC  including through services Scene Weekly offers on its websites (collectively, the “Website”).  

The Website is the property of Scene Weekly and its affiliates (referred to throughout as “Scene  Weekly,” “our,” “we,” or “us”).  

AGREEMENT TO THE TERMS OF USE  

By using the Website, you agree to these Terms of Use. As long as you comply with these Terms of Use,  Scene Weekly grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use  the Website. We may amend these Terms of Use from time to time. The most current version will be  available at https://www.sceneweekly.com/terms-of-use. Amended Terms of Use shall become effective  from the date of publication on the Website. Your continued use of the Website, following the  publication of amended Terms of Use, will mean that you agree to and accept to be bound by them.  

USE OF THE WEBSITE  

We reserve the right to bar any activity aimed at obtaining any materials, documents, or information  through any means not purposely made available through the Website. You may not attempt to gain  unauthorized access to, interfere with, damage, or disrupt any portions or features of the Website, our  servers and databases connected to the Website, or any services offered through the Website. You may  not use or interact with the Website in any manner that could disable, overburden, damage, or impair  the Website or interfere with any other person’s use of the Website. You may neither test the  vulnerability of the Website or any network connected to the Website, nor breach the security or  authentication measures on the Website or any network connected to the Website.  

You may not trace any information on any other user of the Website to reveal any information, in  particular personal identification or information, other than your own information. You agree not to use  any device or software (including any “robot,” “spider,” or other automatic device, process, or means)  on the Website for any purpose, including: to interfere or attempt to interfere with the proper working  of the Website, any transaction being conducted on the Website, any other person’s use of the Website,  or to monitor or copy any of the materials on the Website. Except as explicitly permitted in Intellectual  Property above, you may not copy any materials on the Website, whether by manual or automatic  means. You may not use the Website for any purpose that is unlawful or prohibited by these Terms of  Use or to solicit the performance of any illegal activity or other activity which infringes the rights of  Scene Weekly or others.  

OTHER TERMS AND CONDITIONS  

Additional terms and conditions may apply to purchases of products or services and to specific parts of  the Website. If there is a conflict between these Terms of Use and additional terms and conditions, the  additional terms and conditions shall control with respect to such product, service, or your use of the  specific part of the Website. The obligations of Scene Weekly, if any, with regard to its products and 

services are governed solely by the agreements pursuant to which they are provided, and nothing on  this Website should be construed to alter such agreements. Scene Weekly may make changes to any  products or services offered on the Website, or to the applicable prices for any such products or  services, at any time without notice. Scene Weekly’s Privacy Policy (“Privacy Policy”) applies to the use  of this Website and its terms are made part of these Terms of Use. By using the Website, you  acknowledge and agree that Internet transmissions are never completely private or secure. You  understand that any message or information you send to the Website may be read or intercepted by  others, even if there is a special notice that a particular transmission is encrypted.  

LINKS  

The Website may contain links to independent third-party websites (“Linked Websites”). Linked  Websites are provided solely as a convenience to you. Such Linked Websites are not under the control  of Scene Weekly and Scene Weekly is not responsible for, and does not endorse, the content of such  Linked Websites.  

INTELLECTUAL PROPERTY  

All text, graphics, artwork, photographs, user interfaces, visual interfaces, trademarks, logos, sounds,  computer code, and other information, features, and functionality contained on the Website  (collectively, “Content”), including but not limited to the selection and arrangement of such Content, is  owned, controlled, or licensed by or to Scene Weekly and is protected by international copyright,  trademark, patent, trade secret, and other intellectual property or proprietary rights laws. We grant you  a non-exclusive, revocable, limited license to use Content on this Website made available by Scene  Weekly for you to download, provided that you do not remove any proprietary notice language in all  copies, use such information only for your personal and non-commercial informational purpose, and  make no modifications to any such information.  

You may use our Content solely in compliance with these Terms of Use and applicable law. You may not  modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit,  create derivative works from, transfer or sell any Content, including any software, products, or services  contained within or containing the Content without the express written consent of Scene Weekly. You  may not use the Content for any commercial purpose. The licenses granted by Scene Weekly terminate  if you do not comply with our Terms of Use.  

No rights of any kind other than as set forth in Intellectual Property above are granted under these  Terms of Use. In particular, no other license, rights of use, and/or ownership of any kind of Scene  Weekly’s intellectual property are granted and all know-how, patents, trademarks, tradenames, designs,  copyrights, manufacturing, or business secrets, and all other intellectual property owned by Scene  Weekly, shall remain the exclusive and unrestricted property of Scene Weekly.  

This Website may contain forms that allow you to post, submit, publish, display, or transmit to other  persons content or material, such as feedback (collectively, “User Content”). All User Content must  comply with these Terms of Use. You agree not to submit User Content containing confidential or  proprietary information on this Website. You agree that any User Content you submit will deemed non proprietary and non-confidential. By submitting User Content, including any ideas, concepts, know-how,  or techniques, you grant Scene Weekly and our affiliates and service providers, and each of their and our 

respective licensees, successors, and assigns an unrestricted, irrevocable license to use that information  for any purpose, including the right to copy, reproduce, publish, upload, exploit, post, transmit,  distribute, publicly display, perform, modify, translate, reformat, and create derivative works from that  information, in each case if involving any personal information, in accordance with our Privacy Policy.  

You represent and warrant that you own or control all rights in any User Content and have the right to  grant the license granted above to us and our affiliates and service providers, and each of their and our  respective licensees, successors, and assigns. You understand that we are not responsible for any User  

Content you submit and you, not Scene Weekly, have full responsibility for such content, including its  legality, reliability, accuracy, and appropriateness.  

We have the right to remove any User Content for any or no reason at our sole discretion; take any  action with respect to any User Content that we deem, in our sole discretion, is necessary and  appropriate, including if we believe that such User Content violates these Terms of Use; and disclose  your identity or other information to any third party who claims that User Content you have posted  violates their rights, including intellectual property rights or privacy rights.  

NO WARRANTIES  

No warranty is given in respect of the accuracy, reliability, completeness, non-infringement, and fitness  for a particular purpose of the information provided on the Website, meaning that the Website and its  Content are made available on an “as is” and “as available” basis. Scene Weekly reserves the right to  change, modify, add, or remove portions of the Website, in full or in part, without notice.  

In particular, Scene Weekly does not promise that the Website or any Content or service will be error free or available without interruption. Scene Weekly cannot ensure that any data you download from  the Website will be free of errors, viruses, or destructive features. Scene Weekly disclaims any and all  liability for the acts, omissions, and conduct of any third parties in connection with, or related to, your  

use of the Website and/or any service provided in connection with the Website. Your sole remedy  against Scene Weekly for dissatisfaction with the Website or any Content is to stop using the Website or  any Content.  

VIOLATION OF THE TERMS OF USE  

Scene Weekly may, at its sole discretion and without prior notice, terminate your access to the Website  if we determine that you have violated these Terms of Use or other agreements or guidelines which  may be associated with your use of the Website. You agree that Scene Weekly will not be liable to you  or any third party for termination of your access to the Website as a result of any violation reasonably  suspected of these Terms of Use. You agree that Scene Weekly may, at its sole discretion and without  prior notice, terminate your access to the Website based on applicable law and requests by law  enforcement or other government agencies and in case of unexpected technical issues or problems.  

You agree that Scene Weekly may preserve any transmittal or communication by you with Scene Weekly  through the Website. Scene Weekly reserves the right to disclose any information that Scene Weekly  deems necessary to comply with any applicable law, regulation, or legal process, in particular, to protect  the rights, property, or personal safety of Scene Weekly, its employees, users of the Website, and the  public. 

LIABILITY AND INDEMNIFICATION  

In no event will Scene Weekly be liable for any direct, incidental, special, indirect, or consequential  losses or damages (including loss of use, loss of profit, and third-party claims) arising out of or in  connection with the Website, any Content or service, and any misuse thereof or technical limitations of  the Website.  

You agree to indemnify and hold Scene Weekly, its officers, directors, shareholders, employees, agents,  and affiliates harmless from any demands, losses, liability, claims, or expenses (including attorneys’  fees), made against Scene Weekly by any third party arising out of, or in connection with, your unlawful  use of this Website or violation of these Terms of Use.  

MISCELLANEOUS  

Although the Website is accessible worldwide, not all features, products, or services discussed or offered  through the Website are available to all persons or in all geographic locations. Scene Weekly reserves  the right to limit, at its sole discretion, the provision and quantity of any product or service to any  person or geographic area. Any offer for any product or service made on the Website is void where  prohibited. The invalidity or unenforceability of any provisions of these Terms of Use shall not affect the  validity or enforceability of any other provision. Any invalid or unenforceable provision shall be replaced  by a valid and enforceable provision reflecting the intent of the invalid or unenforceable provision to the  maximum extent permitted by applicable law. These Terms of Use and all matters relating to your  access to, or use of, the Website, including all disputes, shall be governed by applicable federal law and  the laws of the State of New York, without regard to principles of conflict of laws. 

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