Current as of Jul 19, 2024
These Terms of Use (“Terms”) apply when you participate in, host or apply to host events (“Events”) funded or organized through the Mesh platform (“Events Platform”) made available by Scene Infrastructure Company ("SIC").
By participating in Events or using the Events Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, don’t use the Events Platform and don’t host or attend Events.
You should read all of these Terms carefully before participating in Events (as an “Attendee”) or hosting or applying to host Events (as a “Host”). For clarity, we say “you” to refer to you anytime you use the Event Services, whether as an Attendee, Host or otherwise.
To summarize a few core points, each described more fully below:
The Events Platform is a comprehensive digital service designed to facilitate the creation, promotion, and management of events. The Platform allows event Hosts to create and promote their events to potential Attendees. It also enables Hosts to efficiently manage attendee check-ins through the Events Platform's integrated check-in system. Attendees using the Events Platform can participate in a temporary chat room dedicated to each event, fostering communication and interaction among participants. Additionally, the Events Platform provides a system for Attendees to view and track rewards points earned for attending events. Furthermore, the Events Platform includes a feature allowing Attendees to see and connect with other Attendees they have met at events.
You represent and warrant that any Events materials and registration information you provide are complete, accurate and true. If you are under 18 years of age, you are not authorized to use the Events Platform, with or without registering.
You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages, and other materials that you make available through or in connection with the Events Platform (collectively, “User Content”). You agree not to make available any User Content that: infringes or violates any intellectual property right, publicity right, other proprietary right, or privacy right of any party; you do not have a right to provide under any law or under contractual or fiduciary relationships; contains software designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; poses or creates a privacy or security risk to any person; is illegal in the jurisdiction where the User Content is made available; is harmful, threatening, false, misleading, discriminatory; fraudulent, abusive, harassing, tortious, excessively violent, defamatory or libelous, vulgar, obscene, pornographic; or in the sole judgment of SIC, is objectionable or which restricts or inhibits any other person from using or enjoying the Event Services, or which may expose SIC or any SIC Parties or other users to any harm or liability of any type.
The Events Platform may provide links or other access to services, sites, technology, and resources that are provided or otherwise made available by third parties (“Outside Services”). Your access and use of the Outside Services may also be subject to additional terms and conditions, privacy policies, or other agreements with such third party. SIC has no control over and is not responsible for such Outside Services, including for the accuracy, availability, reliability, or completeness of information shared by or available through Outside Services, or on the privacy practices of Outside Services. You should review the contractual terms and privacy practices of Outside Services providers before using their Outside Services. SIC is not responsible for any costs or charges that may apply to your use of any Outside Services. SIC enables these Outside Services merely as a convenience. The integration or inclusion of such Outside Services does not imply an endorsement or recommendation. Any dealings you have with third parties while using the Events Platform are between you and the third party. SIC will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or use of or reliance on any Outside Services.
In addition, when using certain features through the Events Platform, you may be subject to any additional terms applicable to such features that may be posted on or within the Events Platform from time to time. All such terms are hereby incorporated by reference into these Terms.
You acknowledge and agree that the Events Platform may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret, or other proprietary rights and laws. Except as expressly authorized by SIC, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on the Events Platform or the Events Platform Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you upload to or make available through the Events Platform in accordance with these Terms. Any use of the Events Platform or the Events Platform Content other than as specifically authorized herein is strictly prohibited.
‘Scene Infrastructure Company, ‘SIC’, ‘Mesh’, and our other names and logos are trademarks and service marks of SIC (collectively the “SIC Trademarks”). Other company, product, and service names and logos used and displayed via the Events Platform may be trademarks or service marks of their respective owners, who may or may not endorse or be affiliated with or connected to SIC. Nothing in these Terms or the Events Platform should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of SIC Trademarks displayed on the Events Platform without SIC’s prior written permission in each instance. All goodwill generated from the use of SIC Trademarks will inure to our exclusive benefit.
Under no circumstances will SIC be liable in any way for any content or materials of any third parties (including users), including for 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 such content. You acknowledge that SIC does not pre-screen content, but that SIC and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Events Platform. Without limiting the foregoing, SIC and its designees will have the right to remove any content that violates these Terms or is deemed by SIC, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
You represent and warrant that you own all right, title and interest in and to such User Content, including all copyrights and rights of publicity contained therein. You hereby grant SIC and its affiliates, successors and assigns a non-exclusive, worldwide, royalty-free, fully paid-up, transferable, sublicensable (directly and indirectly through multiple tiers), perpetual, and irrevocable license to copy, display, upload, perform, distribute, store, modify, and otherwise use your User Content in connection with the operation of the Events Platform and the promotion, advertising or marketing of the foregoing in any form, medium or technology now known or later developed. You assume all risk associated with your User Content and the transmission of your User Content, and you have sole responsibility for the accuracy, quality, legality and appropriateness of your User Content. You acknowledge and agree that SIC may preserve User Content and may also disclose User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws, or government requests; (b) enforce these Terms; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of SIC, its users, or the public. You understand that the technical processing and transmission of the Events Platform, including your User Content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.
You hereby authorize SIC and its third-party service providers to derive statistical and usage data relating to your use of the Events Platform (“Usage Data”). We may use Usage Data for any purpose in accordance with applicable law.
Any questions, comments, suggestions, ideas, feedback, reviews, or other information about the Events Platform (“Submissions”) provided by you to SIC are non-confidential, and SIC will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment, attribution, or compensation to you.
You acknowledge and agree that SIC's role is limited to providing Events Platform to support Events. SIC does not have any direct oversight, control, or responsibility for the organization, execution, or management of any Events. You hereby release and waive any claims, losses, damages, liabilities, costs or expenses against SIC, its affiliates, directors, officers, employees, agents, or representatives (collectively, “SIC Parties”) arising out of or in connection with:
You (whether as a Host or Attendee) agree to indemnify, defend, and hold harmless SIC, its affiliates, directors, officers, employees, agents, and representatives from and against any and all claims, losses, damages, liabilities, costs, or expenses (including reasonable attorney fees) arising out of or in connection with your breach of these Terms or any act or omission by you related to any Event.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE SIC PARTIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING DAMAGES FOR LOSS OF GOODWILL, USE, OR DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE SIC PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE EVENTS PLATFORM; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE EVENTS PLATFORM; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANY OTHER PARTY ON THE EVENTS PLATFORM OR IN CONNECTION WITH ANY EVENTS; (E) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE EVENTS PLATFORM OR IN CONNECTION WITH ANY EVENTS; OR (F) ANY OTHER MATTER RELATING TO THE EVENTS PLATFORM OR ANY EVENT.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE Events Platform OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE EVENTS PLATFORM.
Your use of the Events Platform is at your sole risk. The Events Platform are provided on an “as is” and “as available” basis. The SIC parties expressly disclaim all warranties of any kind, whether express, implied or statutory, including the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. The SIC Parties make no warranty that (a) the Events Platform will meet your requirements; (b) the Events Platform will be uninterrupted, timely, secure, or error-free; (c) the results that may be obtained from the use of the Events Platform will be accurate or reliable; or (d) the quality of any products, services, information, or other material purchased or obtained by you through the Events Platform will meet your expectations.
Please read this section carefully as it affects your rights.
You and SIC agree to try to resolve any dispute or claim that may arise between us on an informal basis before initiating any arbitration. Either party may initiate an informal claim-resolution process by providing notice to the other party. If we do not resolve the claim within sixty (60) calendar days after the informal process begins, you or SIC may commence an arbitration proceeding.
You and SIC agree that any and all disputes or claims that have arisen or may arise between you and SIC, whether arising out of or relating to these Terms (including any alleged breach thereof) or the Events Platform will be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Section 8 (collectively, this “Arbitration Agreement”), except that you may assert individual claims in small claims court, if your claims qualify. This Arbitration Agreement does not preclude you from bringing issues to the attention of law-enforcement bodies, which may, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms, you and SIC are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
YOU AND SIC AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND SIC AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.
Arbitration will be conducted by a neutral arbitrator in accordance with the JAMS’s Streamlined Arbitration Rules & Procedures (the “JAMS Rules”), as modified by this Arbitration Agreement. If there is any inconsistency between any term of the JAMS Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms as a court would. All issues are for the arbitrator to decide, including issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under these Terms and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
To the extent any Arbitration Fees are not specifically allocated to either SIC or you under the JAMS Rules, SIC and you shall split them equally; provided that if you are able to demonstrate to the arbitrator that you are economically unable to pay your portion of such Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of any Arbitration Fees, SIC will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, SIC will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Any payment of attorneys’ fees will be governed by the JAMS Rules.
These Terms (together with the terms incorporated by reference herein) constitute the entire agreement between you and SIC governing your access and use of the Events Platform, and supersede any prior agreements between you and SIC with respect to the Events Platform.
These Terms will be governed by the laws of the State of New York without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and SIC submit to the personal and exclusive jurisdiction of the state and federal courts located within United States, New York. The failure of SIC to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Events Platform or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
You may not assign these Terms without the prior written consent of SIC, but SIC may assign or transfer these Terms, in whole or in part, without restriction.
The section titles in these Terms are for convenience only and have no legal or contractual effect. As used in these Terms, the words “include” and “including,” and variations thereof, will not be deemed to be terms of limitation, but rather will be deemed to be followed by the words “without limitation.”
Notices to you may be made via email or Discord message, or any other method of communication you have specified to SIC. The Events Platform may also provide notices to you of changes to these Terms or other matters by displaying notices or links to notices generally on the Events Platform or on our other SIC communication platforms (such as Events-specific or legal-updates channels in our Discord server).
SIC will not be in default hereunder by reason of any failure or delay in the performance of its obligations where such failure or delay is due to civil disturbances, riot, epidemic, hostilities, war, terrorist attack, embargo, natural disaster, acts of God, flood, fire, sabotage, fluctuations or unavailability of electrical power, network access or equipment, or any other circumstances or causes beyond SIC’s reasonable control.
These Terms constitute the entire agreement between you and SIC with respect to the subject matter hereof and supersede all prior or contemporaneous understandings, agreements, negotiations, representations, warranties, and communications, both written and oral.