Introduction
Thank you for using the Scene It platform available at www.sceneit.app and the products, services, and features we make available to you as part of the platform (collectively, the “Service”).
Our Service
The Service allows you to discover, watch, and submit videos, provides a forum for people to develop new audiences, inform, and inspire others, and acts as a showreel for creatives.
Your Service Provider
The entity providing the Service is Whats on in Cape Town Pty Ltd (registration number 2021 / 781183 / 07), a company operating under the laws of South Africa, located at 24 Palmerston Road, Woodstock, Cape Town.
Applicable Terms
Your use of the Service is subject to the terms outlined below (“Terms”). Please read these Terms carefully and make sure you understand them. If you do not understand these Terms, or do not accept any part of it, then you may not use the Service.
These Terms expressly supersede any prior agreements or arrangements we had with you.
Who may use the Service?
Anyone may use the Service. However, if you are under 18, you must have your
parent or legal guardian’s permission to use the Service. Please have them read this Agreement with you.
If you are a parent or legal guardian of a user under the age of 18, by allowing your child to use the Service, you are subject to these Terms and are responsible for your child’s activity on the Service.
Businesses
If you are using the Service on behalf of a company or organisation, you confirm to us that you have authority to act on behalf of that entity, and that entity accepts these Terms.
Content on the Service
The content on the Service includes:
– videos
– audio (for example music and other sounds)
– graphics
– photos
– text (such as comments and scripts)
– branding (including trade names, trademarks, service marks, or logos), (collectively, “Content”).
Content may be submitted to the Service and distributed by our curators. Scene It is a provider of hosting services for such Content and not the content itself.
Content is the responsibility of the person or entity who submits it to the Service. If
you see any Content you believe does not comply with these Terms or violates your rights, you can report it to us via email.
Your Information
Our Privacy Policy explains how we treat your personal data and protect your privacy when you use the Service. You can view our Privacy Policy here.
Permissions and Restrictions
You may access and use the Service as made available to you, if you comply with these Terms and the law.
You may view or listen to Content for your personal, non-commercial use. You may also use this Content within a framework of an event, tour, activation or other commercial enterprise, so long as the video remains within the Scene It platform.
The following restrictions apply to your use of the Service.
You are not allowed to:
(a) as specifically permitted by the Service;
(b) with prior written permission from Scene It and, if applicable, the respective rights holders; or
(c) as permitted by applicable law;
(a) prevent or restrict the copying or other use of Content; or
(b) limit the use of the Service or Content;
example, harvesting usernames or faces), unless permitted by that person;
If you commit any one or more of the above restrictions you will be in violation of these Terms. If you breach these Terms, it means that we are allowed to deny you access to the Service, report your actions to an applicable authority, demand specific performance and/or sue you for damages.
Reservation
Any right not expressly granted to you in these Terms remains the right of Scene It or the respective rights holders. This means, for example, that using the Service does not give you ownership of any intellectual property rights in the Content you
access (including any branding used on or displayed in the Service).
The Service is only available on compatible devices connected to the internet. It is your responsibility to obtain these devices internet access necessary to use the Service. We do not guarantee that the Service, or any portion thereof, will work on any particular device.
Develop, Improve and Update the Service
Scene It is constantly changing and improving the Service. As part of this continual evolution, we may make modifications (to all or part of the Service) such as adding or removing features and functionalities, offering new digital content or services, or discontinuing old ones.
We may also need to alter or discontinue the Service, or any part of it, to make performance or security improvements, make changes to comply with law, or prevent illegal activities on or abuse of our systems.
These changes may affect all users, some users or even an individual user.
Your Content and Conduct
Submitting Content
Anyone can submit a video to the Scene It platform.
You may use your Content to promote your business or artistic enterprise. If you choose to upload Content, you must not submit to the Service any Content that does not comply with these Terms or the law. For example, the Content you submit must not include third-party intellectual property (such as copyrighted material) unless you have permission from that party or are otherwise legally entitled to do so.
You are legally responsible for the Content you submit to the Service. We may use automated systems that analyze your Content to help detect infringement and abuse, such as spam, malware, and illegal content.
Rights you Grant
You retain all of your intellectual property ownership rights in your Content. In short, what belongs to you stays yours. However, we do require you to grant certain rights to Scene It and other users of the Service, as described below.
Licence to Scene It
By providing Content to the Service, you grant to Scene It, and to the curator of the hotspot at which your video is filmed, a worldwide, non-exclusive, royalty-free, transferable, sublicensable licence to use that Content (including to reproduce, distribute, modify, display and perform it) for the purpose of operating, promoting, and improving the Service.
Licence to Other Users
You also grant the curator of the Scene It Hotspot at which your video is located a worldwide, non-exclusive, royalty-free licence to access your Content through the Service, and to use that Content (including to reproduce, distribute, modify, display, and perform it) only as enabled by a feature of the Service.
Duration of Licence
The licences granted by you will continue until the Content is removed from the Service as described below.
Once removed, the licences will terminate, except where the operation of the Service, use of the Content was permitted before your removal, or the law requires otherwise.
For example, removal of Content by you does not require Scene It to:
(a) recall Content that is being used by other users within any limited offline viewing functionality of the Service; or
(b) delete copies we reasonably need to keep for legal purposes.
Right to Monetize
You grant Scene It the right to monetize your Content on the Service (and such monetization may include displaying ads on or within the Content or charging users a fee for access). These Terms do not entitle you to any payments from this monetization.
Removing Your Content
You may remove your Content from the Service at any time. You must remove your Content if you no longer have the rights required by these Terms.
Removal of Content by Scene It
If we reasonably believe that any of your Content
(1) is in breach of these Terms or
(2) may cause harm to Scene it, our users, or third parties
we reserve the right to remove or take down some or all of such Content.
We will notify you with the reason for our action unless we reasonably believe that to do so:
(a) would violate the law or the direction of a legal enforcement authority, or would otherwise risk legal liability for Scene It or our Affiliates;
(b) would compromise an investigation or the integrity or operation of the Service; or
(c) would cause harm to any user, other third party, Scene It or our Affiliates.
Other Legal Terms
Warranty
We provide the Service with reasonable care and skill. We make no representations or warranties, express or implied, including but not limited to warranties as to the
accuracy, correctness, suitability, reliability, availability of the Service or that any Content you submit will be accessible or stored on the Service.
Disclaimer
By law, consumers have certain rights that cannot be excluded or altered by a contract. Nothing in these Terms affects those rights you may have as a consumer.
All information or opinions of users available on the Service or in any Content are those of the authors and not Scene It. While we make every reasonable effort to present such information accurately and reliably on the Service, we do not endorse, approve, or certify such information, nor guarantee the accuracy or completeness of such information.
Limitation of Liability
All users: Nothing in these Terms is intended to exclude or limit any party’s liability for: death or personal injury; fraud; fraudulent misrepresentation; or any liability that cannot be excluded or limited by law.
To the extent permitted by applicable law, Scene It and its Affiliates will not be responsible for:
Business Users only: If you are using the Service for the purpose of your trade, business, craft, or profession, (a “Business User”), to the extent permitted by applicable law, the following limitations of liability will also apply:
Scene It and its Affiliates will not be responsible for lost profits, revenues, or data; loss of opportunity or anticipated savings; indirect or consequential losses.
Scene It takes reasonable security measures to ensure the safety and integrity of the Service and to exclude viruses, unlawful monitoring and/or access from the Service offline. However, Scene It does not warrant or represent that your access to the Service will be uninterrupted or error-free or that any information, data, content, software, or other material will be free of bugs, viruses, worms, trojan horses or other harmful components. Your access to and use of the Service remains solely at your own risk and you should take your own precautions accordingly.
Indemnities
Users indemnify and hold harmless Scene It, its shareholders, directors, employees, and affiliates from any demand, action or application or other proceedings, including for attorneys’ fees and related costs such as tracing fees, made by any third party, and arising out of or in connection with the user’s use of the Service in any way.
Users agree to indemnify, defend, and hold Scene It harmless from any direct or indirect liability, loss, claim and expense (including reasonable legal fees) related to the user’s breach of these Terms.
This clause will survive termination of these Terms.
Third-Party Links
The Service may contain links to third-party websites and online services that are not owned or controlled by Scene It. Scene It has no control over, and assumes no responsibility for, such websites and online services. Be aware when you leave the Service; we suggest you read the terms and privacy policy of each third-party website and online service that you visit.
COMPANY INFORMATION
Site owner: Whats on in Cape Town Pty Ltd Legal status: Pty Ltd
Registration number: 2021 / 781183 / 07
Director: Eila M Ions
Description of main business: e-commerce
Telephone number: 084 361 5718
Email address: daisy@sceneit.app
Website address: www.sceneit.app
Physical address: 24 Palmerston Rd, Woodstock, Cape Town Postal address: 24 Palmerston Rd, Woodstock, Cape Town, Western Cape, South Africa.
Dispute Resolution
If any dispute, disagreement, or claim arises between you and Scene It, the parties will attempt to resolve the dispute amicably, by negotiation, and with the best interests of both parties in mind.
If the dispute is still not resolved, the parties will commence binding and confidential arbitration in terms of the expedited rules of the Arbitration Foundation of Southern Africa (“AFSA”), with an arbitrator selected by Scene It. Arbitration proceedings will be conducted in Cape Town in English.
The parties have the freedom to use the dispute resolution services of any applicable legislative tribunal or ombud provided for in applicable legislation.
Both parties agree that they will not publicize the dispute on any social media or public platform. The parties understand that publicity of this nature can cause serious damage which damage may result in a financial claim against the other party.
About these Terms
Changing the Terms
We may change these Terms, for example, to reflect changes to our Service or how we do business – for example, when we add new products or features or remove old ones, (2) for legal, regulatory, or security reasons, or (3) to prevent abuse or harm.
If we materially change these Terms, we’ll provide you with reasonable advance notice and the opportunity to review the changes, except (1) when we launch a new product or feature, or (2) in urgent situations, such as preventing ongoing abuse or responding to legal requirements.
If you don’t agree to the new Terms, you should remove any Content you uploaded and stop using the Service.
Notices
Each of the parties chooses their service address for the purposes of the giving of
any notice, the serving of any process and for any other purposes arising from these Terms as the email address provided by each user to the other.
Continuation of this Terms
If your use of the Service ends, the following terms will continue to apply to you: “Other Legal Terms”, “About These Terms”, and the licenses granted by you will continue in limited cases as described under “Duration of License”.
Severance
If it turns out that a particular term of these Terms is not enforceable for any reason, this will not affect any other terms.
Assignment
Scene It may transfer all or part of these Terms to an Affiliate or, if Scene It is sold, to a third party.
No Waiver
If you do not comply with these Terms and we do not take action immediately, this doesn’t mean that we are giving up any rights that we may have (such as the right to take action in the future).
Governing Law
This Agreement, and your relationship with Scene It under this Agreement, will be governed by South African Law, and legal disputes may be brought in the courts of the Republic of South Africa.
If mandatory local law prohibits a dispute under these Terms from being resolved by the South African courts, disputes can be brought in your local courts. If mandatory local law prohibits a local court from applying South African law to a dispute under
these Terms, that dispute will be resolved according to the laws of your country of residence.
Effective as of 01 March 2023
