Terms of Service

Welcome to The Scene ("App," "Service," "we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of our mobile application and related services. By accessing or using The Scene, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the Service.

1. Acceptance of Terms

By creating an account, accessing, or using The Scene, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. These Terms constitute a legally binding agreement between you and The Scene.

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms within the App or by other means. Your continued use of the Service after such modifications constitutes your acceptance of the updated Terms.

2. Eligibility

To use The Scene, you must:

• Be at least 18 years of age (or 21 years of age if required by your local jurisdiction for accessing nightlife venues)
• Have the legal capacity to enter into a binding agreement
• Not be prohibited from using the Service under applicable laws
• Not have been previously banned or removed from the Service

By using the Service, you represent and warrant that you meet all eligibility requirements.

3. Account Registration and Security

3.1 Account Creation

To access certain features of The Scene, you must create an account using Apple Sign-In. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Keep your account credentials secure and confidential
• Notify us immediately of any unauthorized access to your account

3.2 Account Responsibility

You are solely responsible for all activities that occur under your account. We are not liable for any loss or damage arising from unauthorized use of your account.

3.3 One Account Per User

Each user may maintain only one active account. Creating multiple accounts to circumvent restrictions, manipulate venue data, or engage in fraudulent activity is strictly prohibited and may result in permanent account termination.

4. Description of Service

The Scene is a real-time nightlife discovery platform that provides:

• Venue Discovery: Browse and search nightlife venues based on your location
• Check-In System: Check in to venues to share your current location with the community and contribute to real-time crowd data
• Intent Feature: Indicate your intention to visit a venue on a particular night
• Real-Time Crowd Information: View approximate crowd levels at venues based on aggregated, anonymized check-in data
• Event Listings: Discover events happening at venues
• Push Notifications: Receive alerts about venue activity, events, and reminders (optional)

The Scene does not guarantee the accuracy of crowd levels, venue information, or event details. Venue data is provided for informational purposes only.

5. User Conduct and Acceptable Use

5.1 You Agree NOT To:

• Misrepresent Location: Create false check-ins, spoof your GPS location, or manipulate location data in any way
• Create Fake Accounts: Register multiple accounts, use automated tools to create accounts, or impersonate another person
• Manipulate Data: Artificially inflate or deflate venue crowd counts, intent counts, or other metrics
• Harass Others: Use the Service to stalk, harass, threaten, or intimidate any person
• Post Harmful Content: Upload content that is illegal, defamatory, obscene, hateful, discriminatory, or promotes violence
• Violate Laws: Use the Service for any illegal purpose or in violation of any applicable law
• Reverse Engineer: Attempt to decompile, disassemble, reverse engineer, or otherwise discover the source code
• Interfere with Service: Introduce viruses, malware, or other harmful code; overload servers; or interfere with any user's enjoyment
• Scrape Data: Use automated systems to collect data from the Service without express written permission
• Commercial Use: Use the Service for unauthorized commercial purposes, including advertising or solicitation

5.2 Trust Score System

The Scene employs a trust scoring system to maintain data integrity. Users who consistently provide accurate check-ins and follow through on stated intents will have higher trust scores. Users who engage in suspicious activity may have their trust score reduced, which affects how their activity is weighted in venue metrics.

5.3 Shadow Banning

We reserve the right to reduce the visibility or impact of accounts engaged in suspicious activity without prior notice. This may include reducing the weight of check-ins and intents in aggregate venue data.

6. Content and Intellectual Property

6.1 User Content

You may submit content to the Service, including profile photos ("User Content"). By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, modify, distribute, display, and perform the User Content in connection with operating and providing the Service.

You represent and warrant that:

• You own or have the necessary rights to submit the User Content
• The User Content does not infringe any third party's intellectual property rights
• The User Content does not violate these Terms or applicable law

6.2 Content Moderation

We use automated systems (including AWS Rekognition) and manual review to moderate User Content. Content depicting explicit nudity, violence, drugs, hate symbols, or other inappropriate material will be removed, and accounts may be suspended or terminated.

6.3 Our Intellectual Property

The Scene, including its design, features, functionality, graphics, logos, and content (excluding User Content), is owned by us and protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of our Service without our express written permission.

7. Location Services

7.1 Location Data Collection

The Scene requires access to your device's location services to provide core functionality. By using the Service, you consent to the collection and use of your location data as described in our Privacy Policy.

7.2 Location Accuracy

You acknowledge that:

• Location data may not always be accurate
• Factors such as GPS signal, network connectivity, and device settings can affect accuracy
• We are not responsible for inaccuracies in location-based features

7.3 Check-In Verification

To maintain data integrity, we verify that check-ins occur within a reasonable distance from venue locations. Check-ins from implausible locations may be rejected or given reduced weight.

8. Push Notifications

8.1 Notification Types

With your consent, we may send push notifications including:

• Reminders about your stated venue intentions
• Alerts when venues you follow reach certain crowd levels
• Notifications about trending venues in your area
• Event reminders for venues you've visited

8.2 Managing Notifications

You can manage notification preferences within the App settings, including:

• Enabling or disabling all notifications
• Controlling specific notification types
• Setting quiet hours during which no notifications will be sent
• Setting venue-specific crowd threshold alerts

9. Third-Party Services and Links

9.1 Third-Party Integrations

The Service integrates with third-party services including:

• Apple (authentication)
• Amazon Web Services (content storage and moderation)
• Firebase (push notifications)

Your use of these third-party services is subject to their respective terms and privacy policies.

9.2 External Links

The Service may contain links to third-party websites or services. We are not responsible for the content, privacy policies, or practices of any third-party sites or services.

9.3 Venue Information

Venue information, including hours, addresses, and contact details, is provided for convenience. We do not guarantee the accuracy of this information. Please verify directly with venues before visiting.

10. Account Termination

10.1 Termination by You

You may delete your account at any time through the App settings or by contacting us. Upon deletion, your account data will be removed in accordance with our Privacy Policy.

10.2 Termination by Us

We reserve the right to suspend or terminate your account, without prior notice, for:

• Violation of these Terms
• Fraudulent, illegal, or harmful activity
• Activity that negatively impacts other users or the Service
• Extended periods of inactivity
• Any other reason at our sole discretion

10.3 Effect of Termination

Upon termination:

• Your right to use the Service immediately ceases
• We may delete your account data
• Provisions of these Terms that by their nature should survive termination shall survive

11. Disclaimers

11.1 Service Provided "As Is"

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. WE EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

11.2 No Guarantee of Accuracy

WE DO NOT WARRANT THAT:

• Crowd levels, venue information, or event details are accurate or current
• The Service will be uninterrupted, secure, or error-free
• Any errors or defects will be corrected
• The Service is free of viruses or other harmful components

11.3 Assumption of Risk

You acknowledge that:

• Visiting nightlife venues involves inherent risks
• You are solely responsible for your personal safety and decisions
• The Scene is an informational tool only and does not guarantee your safety or experience at any venue

12. Limitation of Liability

12.1 Exclusion of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE SCENE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits, data, or goodwill
• Personal injury or property damage
• Any damages arising from your use or inability to use the Service
• Any conduct or content of any third party on the Service

12.2 Cap on Liability

OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR YOUR USE OF THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE PAST 12 MONTHS, OR (B) ONE HUNDRED DOLLARS ($100 USD).

12.3 Jurisdictional Limitations

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES. IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

13. Indemnification

You agree to indemnify, defend, and hold harmless The Scene, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to:

• Your use of the Service
• Your violation of these Terms
• Your violation of any rights of a third party
• Your User Content
• Any fraudulent or illegal activity conducted through your account

14. Dispute Resolution

14.1 Informal Resolution

Before initiating any formal dispute resolution, you agree to first contact us at legal@xavierplatforms.com to attempt to resolve the dispute informally for at least 30 days.

14.2 Binding Arbitration

If informal resolution fails, any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Consumer Arbitration Rules.

14.3 Class Action Waiver

YOU AND THE 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 OR REPRESENTATIVE PROCEEDING.

14.4 Exceptions

Notwithstanding the above, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement of intellectual property rights.

15. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law principles. Any legal action or proceeding not subject to arbitration shall be brought exclusively in the state or federal courts located in Delaware.

16. General Provisions

16.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and The Scene regarding the Service.

16.2 Severability

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

16.3 Waiver

Our failure to enforce any provision of these Terms shall not be deemed a waiver of such provision or our right to enforce it in the future.

16.4 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction.

16.5 Notices

We may provide notices to you via the App, email, or other reasonable means. Notices to us should be sent to legal@xavierplatforms.com.

17. Contact Information

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

The Scene
Email: legal@xavierplatforms.com
Support: support@xavierplatforms.com

18. Additional Terms for Business Accounts

If you register for a Business Account to manage venue information, the following additional terms apply:

18.1 Business Verification

You agree to provide accurate business information and complete any verification process we require. Providing false or misleading business information may result in immediate account termination.

18.2 Venue Information Accuracy

You are responsible for maintaining accurate and up-to-date information about your venues, including hours, contact information, and event details.

18.3 Content Responsibility

You are responsible for all content uploaded through your Business Account, including images, videos, and event information. All content must comply with these Terms and our content policies.

18.4 Subscription Terms

Business Account features may be offered under different subscription tiers. We reserve the right to modify pricing, features, and subscription terms at any time with reasonable notice.