Welcome to OpenMicScene.com. This website (the "Site"), including all information, data, text, graphics, images, hyperlinks and other material is made available by OpenMicScene.com ("OpenMicScene", "us" or "we").
We may also change any aspect of the Site, including the availability of any features, at any time without notice or liability. We also reserve the right, in our sole discretion, to correct any errors or omissions in any portion of the Site at any time without notice or liability.
2. What You Can and Can't Do
The code of conduct for the Site is simple - Be honest, be respectful. We encourage debate and dialog. Feedback and critique can be communicated in friendly and inoffensive ways.
To this end, you may not:
- Transmit through the Site or to any User of the Site (each, a "User") any offensive, obnoxious or aggressive communications, spam, viruses or any similar code or scripts, anything that contains any error, deficiency, omission, misstatement or misrepresentation, or that is or is reasonably likely to be considered deceptive, fraudulent, libellous, defamatory, threatening, intimidating, abusive, harassing, violent, degrading, obscene, pornographic, profane, harmful or injurious to individuals, tortious or that may otherwise result in criminal, regulatory or civil liability, or that is or is reasonably likely to contravene any law, statute, regulation, decree, order or similar rule, or which violates any agreement or the rights of a third party;
- Abuse, harass, threaten or intimidate other Users:
- Use another person's name, account, password, service, system or other information without that person's prior written authorization and prior written notification to us or otherwise disrupt or interfere with any other person's use or enjoyment of the Site;
- Use the Site in any illegal or unauthorized manner, or for any illegal or unauthorized purpose, and may only use the Site in full compliance with all applicable laws, including without limitation copyright law;
- Modify, adapt, abuse or hack the Site, or transfer any portion of the Site to any other person without our prior written consent;
- Print, download or otherwise save to any storage device or fix in any medium, any part of the Site, other than printing reasonable paper-based copies of non-substantial extracts solely for your personal use;
- Frame or otherwise display or present the Site in a similar manner (including co-presentation of additional material such as advertisements not from the Sites) on any other website or in any environment of networked computers;
- Use any robot, spider or other automatic program or device, or manual process to monitor, copy, summarize, or otherwise extract information from the Site;
- Obtain unauthorized access to the Site or portions of the Site which you are restricted from accessing, or collect or harvest information about any other Users; or
- Attempt any of the above.
You are solely responsible for your conduct and any activity that occurs under your screen name. You also agree that you are solely responsible for actions and communications undertaken or transmitted in the course of your usage of the Site. You are responsible for keeping your password secure.
3. What We Will Do for You
You acknowledge that any use of or reliance on the Site is at your sole risk. We make no representation or warranty of any kind regarding the Site, all of which is provided on an "AS IS", "WHERE IS" and "AS AVAILABLE" basis. WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, MERCHANTABLE QUALITY, TITLE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS AND FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USE OF TRADE.
IN NO EVENT WILL WE BE LIABLE FOR ANY LOSS OR DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR HARM TO BUSINESS, LOSS OF INFORMATION OR PROGRAMS OR DATA, LOSS OF PROFIT, LOSS OF SAVINGS, LOSS OF REVENUE), EVEN IF WE BECOME AWARE OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. IN ANY EVENT, YOU AGREE THAT OUR AGGREGATE LIABILITY FOR ALL DAMAGES WHATSOEVER, WHETHER IN CONTRACT, TORT OR OTHERWISE, SHALL BE LIMITED TO THE AMOUNT PAID BY YOU TO US FOR THE USE OF THIS SITE.
THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS AGREEMENT SHALL APPLY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION, DEMAND, OR ACTION, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, NEGLIGENCE, TORT, OR ANY OTHER LEGAL THEORY AND SHALL SURVIVE A FUNDAMENTAL BREACH OR BREACHES OR THE FAILURE OF THE ESSENTIAL PURPOSE OF THIS AGREEMENT OR OF ANY REMEDY CONTAINED HEREIN.
4. What's Yours is Yours (But You'll Let Us Use It)
5. Other Matters