Terms and Conditions
Please read this User Agreement before using this Service. By continuing to use GainesvilleScene.com, you agree to abide by the conditions of this User Agreement, otherwise, please don’t use GainesvilleScene.com.
GainesvilleScene.COM SERVICE USER AGREEMENT
1. Welcome to GainesvilleScene.com (the “Site”). GainesvilleScene, LLC, a Florida Limited Liability Company (“GainesvilleScene”, “we” or “us”), owns and operates the Site. By using the Site and the services available on, in connection with or through the Site, including without limitation widgets and analytics provided by GainesvilleScene (collectively with the Site, the “Service”), you agree to be bound by all of the terms of this Agreement (the “User Agreement”) and to GainesvilleScene’s Privacy Policy. We reserve the right to change the terms of this User Agreement and the Privacy Policy or to modify any features of this Service at any time without notice to you, and you agree to be bound by such changes. Any changes to this User Agreement shall become a part of this User Agreement and shall apply as soon as they are posted. The most current version of the User Agreement can be viewed at any time at: http://gainesvillescene.com/terms-and-conditions/. Your use of this Service constitutes your agreement to all such terms, conditions and policies. Unless explicitly stated otherwise, any new features or functionality (including, without limitation, video, widgets and related projects) that augment or enhance the Service, shall be subject to this User Agreement.
2. The Service is not intended for or directed to persons who are minors (typically persons under the age of 18, depending on where you live). Because GainesvilleScene cannot prohibit minors from accessing, viewing, browsing, visiting or using the Service, it must rely on parents, guardians and those responsible for supervising minors to decide which materials are appropriate for minors. GainesvilleScene may, in its sole discretion, refuse to offer access to or use of the Service to any person or entity without notice and change its eligibility criteria at any time. USE OF THE SERVICE IS VOID WHERE PROHIBITED BY APPLICABLE LAW AND THE RIGHT TO ACCESS THE SERVICE IS REVOKED IN SUCH JURISDICTIONS.
3. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that GainesvilleScene shall not be liable to you or any third party for any modification, suspension or discontinuance of the Service.
4. This Service (including, without limitation, text, widgets, software, tools, photographs, graphics, video and audio content) is protected by copyright as a collective work or compilation under the copyright laws of the United States and other countries, and GainesvilleScene (subject to the rights of its licensors and licensees under applicable agreements, understandings and arrangements) has rights therein. All individual articles, videos, content and other elements comprising this Service are also copyrighted works, and GainesvilleScene (subject to the rights of its licensors and licensees under applicable agreements, understandings and arrangements) has rights therein. You must abide by all additional copyright notices or restrictions contained in this Service. GainesvilleScene makes no claims that content of the Service may be lawfully viewed or downloaded. Access to content of the Service may not be legal by certain persons or in certain countries. If you access the Service from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. By posting or submitting content on or to the Service (regardless of the form or medium with respect to such content, whether text, videos, photographs, images, audio, profiles, data, comments, reviews or otherwise) or using any widget available through the Service, you are giving GainesvilleScene, and its affiliates, agents and third party contractors the right to reproduce, display or publish such content on the Service and its affiliated publications (either in the form submitted or in the form of a derivative or adapted work), to store such content, to distribute such content, and to use, edit, modify and otherwise exploit such content, including running paid advertising on or adjacent to any such content.
5. You agree and warrant that you will not:
a. submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant GainesvilleScene all of the rights granted herein;
b. publish falsehoods or misrepresentations that could damage GainesvilleScene or any third party;
c. submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, is inappropriate or otherwise violate this User Agreement or the policies, guides, FAQs and other requirements of the Service;
d. upload viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of GainesvilleScene or any third party;
e. impersonate any person or entity, including, but not limited to a GainesvilleScene employee, or falsely state or otherwise misrepresent your affiliation with a person or entity;
f. post or otherwise make available any unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”);
g. interfere or attempt to interfere with the proper operation of the Service or any activities conducted on the Service, including attempting to bypass any security measures used on the Site or with the Service;
h. post advertisements or solicitations of business. GainesvilleScene reserves the right to remove, edit, modify, reformat, excerpt translate or not publish any materials or submissions without prior notice.
6. You further understand and acknowledge that you may be exposed to content that may be inaccurate, offensive, indecent, or objectionable, and you agree to waive, and, by accessing the Service, you automatically waive, any legal or equitable rights or remedies you have or may have against GainesvilleScene with respect to such content.
7. If you are a copyright owner or agent thereof and believe that content infringes upon your copyright, please submit notice, pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512(c)) to our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright; (ii) a description of the copyrighted work that you claim has been infringed; (iii) the URL of the location containing the material that you claim is infringing; (iv) your address, telephone number, and email address; (v) 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; (vi) a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Our Copyright Agent can be reached as follows:
By mail:
GainesvilleScene
Attn: Copyright Agent
1523 NW 11th Rd
Gainesville, FL 32605
By email: admin@collegemg.com
Please note that all information must be in the body of the email and that attachments cannot be accepted at the email address for security reasons. Accordingly, any notification of infringement submitted electronically with an attachment will not be received or processed.
8. Unless expressly permitted, you may not copy, reproduce, reverse engineer, disassemble, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, or in any way exploit any part of this Service, except as permitted under “fair use” or through an authorized widget or syndication vehicle such as displaying the GainesvilleScene badge on your site.
9. You agree to indemnify and hold harmless GainesvilleScene and its affiliates, and their respective members, directors, officers, managers, employees, shareholders, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation by you of this User Agreement. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide us with such cooperation as is reasonably requested by us.
10. THIS SERVICE IS AVAILABLE “AS IS.” WE DO NOT WARRANT THAT THIS SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS AND INACCURACIES IN THE NEWS, INFORMATION OR OTHER MATERIALS AVAILABLE THROUGH THIS SERVICE. WE DO NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS SERVICE OR ANY INFORMATION OR GOODS THAT ARE AVAILABLE OR ADVERTISED OR SOLD THROUGH THIS SERVICE. WE DO NOT MAKE ANY REPRESENTATIONS, NOR DO WE ENDORSE THE ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER MATERIAL OR DATABASE DISPLAYED, UPLOADED OR DISTRIBUTED IN THIS SERVICE OR AVAILABLE THOUGH LINKS IN THIS SERVICE. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS IN THIS SERVICE. ALTHOUGH WE INTEND TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES, WORMS, “TROJAN HORSES” OR OTHER DESTRUCTIVE MATERIALS TO THIS SERVICE, WE DO NOT GUARANTEE OR WARRANT THAT THIS SERVICE OR MATERIALS THAT MAY BE DOWNLOADED FROM THIS SERVICE DO NOT CONTAIN SUCH DESTRUCTIVE FEATURES. WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURES. IF YOU RELY ON THIS SERVICE AND ANY MATERIALS AVAILABLE THROUGH THIS SERVICE, YOU DO SO SOLELY AT YOUR OWN RISK.
11. THIS SERVICE MAY CONTAIN VARIOUS COMBINATIONS OF TEXT, IMAGES, AUDIOVISUAL PRODUCTIONS, OPINIONS, STATEMENTS, FACTS, ARTICLES, OR OTHER INFORMATION CREATED BY GainesvilleScene OR BY THIRD-PARTIES. DUE TO THE NUMBER OF SOURCES FROM WHICH CONTENT IN THIS SERVICE IS OBTAINED, AND THE INHERENT HAZARDS OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS OR INACCURACIES IN SUCH CONTENT. ACCORDINGLY, SUCH CONTENT, IS FOR YOUR REFERENCE ONLY AND SHOULD NOT BE RELIED UPON BY YOU FOR ANY PURPOSE.
12. We are not responsible for the availability or content of other services that may be linked to from this Service. Because we have no control over such services, you acknowledge and agree that we are not responsible for the availability of such external services, and that we do not endorse and are not responsible or liable for any content, accuracy, quality, advertising, products or other materials on or available from such services. You further acknowledge and agree that GainesvilleScene 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 the use of or reliance on any content, goods or services available on or through such services.
13. GainesvilleScene and its affiliates, and their respective members, directors, officers, managers, employees, shareholders, agents and licensors are not liable for incidental, indirect, consequential, special, punitive, or exemplary damages of any kind, including, without limitation, lost revenues or profits, loss of business or loss of data, in any way related to this Service or for any claim, loss or injury based on errors, omissions, interruptions or other inaccuracies in this Service (including, without limitation, as a result of breach of any warranty or other term of this Agreement). Any claim against us shall be limited to the amount you paid, if any, for use of this Service.
14. No agency, partnership, joint venture, or employment is created as a result of this User Agreement and you do not have any authority of any kind to bind GainesvilleScene in any respect whatsoever. Any notice to the Site that is required or permitted by this User Agreement shall be in writing and shall be deemed effective upon receipt, when sent by confirmed e-mail to info@GainesvilleScene.com or when delivered in person, by nationally recognized overnight courier or by first class, registered or certified mail, postage prepaid, to 1523 NW 11th Rd Gainesville, FL 32605.
15. This User Agreement, together with the Privacy Policy and any other legal notices, policies, FAQs, guidelines or other requirements published by GainesvilleScene through the Service, shall constitute the entire agreement between you and GainesvilleScene with respect to the Service and your use of it. If any provision of this User Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this User Agreement shall otherwise remain in full force and effect and enforceable.
16. No waiver of any term of this User Agreement shall be deemed a further or continuing waiver of such term or any other term, and GainesvilleScene’s failure to assert any right or provision under this User Agreement shall not constitute a waiver of such right or provision. GainesvilleScene may assign, transfer or delegate any of its rights and obligations under this User Agreement without restriction.
17. This Agreement may be terminated by either party for any reason at any time. All provisions of this User Agreement which by their nature should survive termination shall survive termination.
18. This Agreement shall be governed by the laws of the United States and the State of Florida, applicable to agreements made and to be performed therein without regard to conflict of laws principles. BY CONTINUING TO USE THE SERVICE, YOU AGREE TO ABIDE BY THE TERMS OF THIS AGREEMENT.
19. Disclaimers
A. YOU AGREE THAT YOUR USE OF THE GAINESVILLESCENE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, GAINESVILLESCENE, ITS MEMBERS, MANAGERS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. GAINESVILLESCENE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) 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 THE GainesvilleScene WEBSITE. GAINESVILLESCENE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE GAINESVILLESCENE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND GAINESVILLESCENE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
B. The Company does not and cannot review all Submissions posted to or created by users accessing the Service (including, but not limited to, the Website), and is not in any manner responsible for the content of these communications or the activities of these users. You acknowledge that by providing you with the ability to view and distribute user-generated content through the Service (including, but not limited to, the Website), the Company is merely acting as a passive conduit for the distribution of such information and is not undertaking any obligation or liability relating to the content or the users’ activities. GainesvilleScene and its respective subsidiaries, affiliates, successors, assigns, employees, agents, managers, members and shareholders do not undertake or assume any duty to monitor the Website for inappropriate content. The Company and its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, managers, members and shareholders assume no responsibility or liability which may arise from the content thereof, including, but not limited to, claims for defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, profanity, fraud, or misrepresentation. Notwithstanding the foregoing, GainesvilleScene reserves the right to block or remove communications, postings or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading; (c) in violation of a copyright, trademark, patent, trade secret, intellectual property or other rights of another or (d) offensive or otherwise unacceptable to GainesvilleScene in its sole discretion.
C. The Website and the Service may be temporarily unavailable from time to time for maintenance or other reasons. Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications. The Company is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Site or combination thereof, including injury or damage to User’s or to any other person’s computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Web and/or in connection with the Service, including without limitation any Mobile Client software. Under no circumstances will the Company be responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death, resulting from anyone’s use of the Website or the Service, any User Content or Third Party Applications, Software or Content posted on or through the Website or the Service or transmitted to Users, or any interactions between users of the Website, whether online or offline.
D. THE WEBSITE, THE SERVICE, ANY PLATFORM APPLICATIONS AND THE WEBSITE CONTENT ARE PROVIDED “AS-IS” AND THE COMPANY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANY CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE WEBSITE AND/OR THE SERVICE AND/OR ANY PLATFORM APPLICATIONS. COMPANY DOES NOT REPRESENT OR WARRANT THAT SOFTWARE, CONTENT OR MATERIALS ON THE WEBSITE, THE SERVICE OR ANY PLATFORM APPLICATIONS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE WEBSITE OR SERVICE ITS SERVERS, OR ANY PLATFORM APPLICATIONS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH SOFTWARE, CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA OR SOFTWARE (INCLUDING ANY MOBILE CLIENT) FROM OR THROUGH THE SERVICE AND ANY PLATFORM APPLICATIONS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT
