Terms of Use

By using or accessing SceneTap, you agree to the following Terms of Use.

Privacy.

Your privacy is very important to us. We designed our Privacy Policy to make important disclosures about how you can use SceneTap to share with other users and how we collect and can use your content and information. We encourage you to read the Privacy Policy, and to use it to help make informed decisions.

Sharing Your Content and Information.

You own all of the content and information you post on SceneTap.

For content that is covered by intellectual property rights, like photos and videos (“IP content”), you specifically give SceneTap the following permission: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with SceneTap (“IP License”). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.

When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in back copies for a reasonable period of time (but will not be available to others).

When you use an application, your content and information is shared with the application.

When you post content or information, it means you are allowing everyone, including people off SceneTap, to access and use that information, and to associate it with you (i.e., your name and profile picture).

If you select a username for your account, we reserve the right to remove or reclaim it if we believe appropriate (such as when a trademark owner complains about a username that does not closely relate to a user’s actual name).

SceneTap always appreciates your feedback or other suggestions about SceneTap, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them). If you have any suggestions to offer, please contact us through the application or website.

Safety.

We do our best to keep SceneTap safe, but we cannot guarantee it. We need your help to maximize safety, which includes the following commitments:

Protecting Other People’s Rights.

We respect other people’s rights, and expect you to do the same.

You will not post content or take any action on SceneTap that infringes or violates someone else’s rights or otherwise violates the law.

We can remove any content or information you post on SceneTap if we believe that it violates these Terms of Use.

If you repeatedly infringe other people’s intellectual property rights, we will disable your account when appropriate.

You will not use our copyrights or trademarks (including SceneTap, “SceneTap.com”, or the SceneTap app), or any confusingly similar marks, without our written permission.

If you collect information from users, you will: obtain their consent, make it clear you (and not SceneTap) are the one collecting their information, and post a privacy policy explaining what information you collect and how you will use it.

You will not post anyone’s identification documents or sensitive financial information on SceneTap.

Fidelity of Data.

SceneTap strives to provide accurate real time data from its venues. Due to venue conditions, lighting elements, user manipulation, acts of God, hardware limitations, software limitations, network interruptions, and other special situations, data collected may not be 100% accurate. SceneTap collects a count of the number of people in the venue. The count accounts for entrances and exits used by venue customers. SceneTap’s technology is configured on a venue by venue basis, meaning that different venues may have varying levels of accuracy. SceneTap also uses facial detection to collect demographic information on gender and age. Facial detection technology uses algorithms and anonymous database features to indicate the probable gender and approximate age of a venue customer. Facial detection itself may be difficult in certain environments, for the same reasons as listed above, and may be detected at up to a 95% accuracy rate. From there, gender identification is approximately 85% accurate, while approximate age is 90% accurate within a range of 6 years and 80% accurate within a range of 3 years. SceneTap intends the data it provides as a form of entertainment and does not warrant that the data will be flawless or consistently reliable. Venues should refer to the Venue Participation Policy for more information about the fidelity of SceneTap data. SceneTap is constantly refining and improving its technologies and data collection processes and has a mutual desire to attain the most accurate information possible.

Mobile

We currently provide our mobile services (i.e., phone apps) for free, but please be aware that your carrier’s normal rates and fees, such as text messaging, will still apply.

In the event you change or deactivate your mobile telephone number, you will update your account information with SceneTap to ensure that your messages are not sent to the person who acquires your old number. Contact us via the website for additional help.

You provide all rights necessary to enable users to sync (including through application) their contact lists with any basic information and contact information that is visible to them on SceneTap, as well as your name and profile picture.

Payments.

If you make a payment on SceneTap, you agree to our Payment Terms.

Special Provisions Applicable to Share Links.

If you include our Share Link button on your website, the following additional terms apply to you:

Amendments.

We can change these Terms of Use if we provide you notice within a reasonable period of time before the change (by posting the change on the SceneTap website).

We can make changes for legal or administrative reasons, or to correct an inaccurate statement, upon notice.

Termination.

If you violate the letter or spirit of these Terms of Use, or otherwise create risk or possible legal exposure for SceneTap, we can stop providing all or part of SceneTap to you. We will notify you via email or at the next time you attempt to access your account. You may also delete your account or disable your application at any time. In all such cases, these Terms of Use shall terminate, but some provisions may still apply.

Disputes.

You will resolve any claim, cause of action or dispute (“claim”) you have with SceneTap arising out of or relating to these Terms of Use or SceneTap exclusively in a state or federal court located in Cook County, Illinois. The laws of the State of Illinois will govern these Terms of Use, as well as any claim that might arise between you and SceneTap, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in Cook County, Illinois for the purpose of litigating all such claims.

If anyone brings a claim against SceneTap related to your actions, content, or information on SceneTap, you will indemnify and hold SceneTap harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.

WE TRY TO KEEP SCENETAP UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING SCENETAP “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT SCENETAP WILL BE SAFE OR SECURE. SCENETAP IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE OR SCENETAP, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGREGATE LIABILITY ARISING OUT OF THESE TERMS OR SCENETAP WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, SCENETAP’ LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

Neutrality. SceneTap serves two distinct groups, venue operators and users, who may have divergent interests under certain circumstances. SceneTap does not represent either of these groups and will strive to remain neutral if circumstances arise to create a conflict between them.

Special Provisions Applicable to Users Outside the United States.

The following provisions apply to users outside the United States:

Definitions

By “SceneTap” we mean the features and services we make available, including through (i) our website at www.SceneTap.com and (ii) any other SceneTap branded websites (including sub-domains, international versions, widgets, and mobile versions)

By “information” we mean facts and other information about you, including actions you take.

By “content” we mean anything you post on SceneTap that would not be included in the definition of “information.”

By “data” we mean content and information that third parties can retrieve from SceneTap.

By “post” we mean post on SceneTap or otherwise make available to us (such as by using an application).

By “use” we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.

By “user” we mean any person who has logged in, at least one time, to SceneTap.

By “active registered user” we mean a user who has logged into SceneTap at least once in the previous 30 days.

By “venue” we mean a place of business that participates on the SceneTap network by providing SceneTap with access to the real-time composition of its customer base or is utilizing SceneTap services. Venues must agree to the SceneTap Venue Agreement as well as its Venue Participation Policy.

Other

These Terms of Use are an agreement between you and SceneTap LLC. References to “us,” “we,” and “our” mean SceneTap LLC.

These Terms of Use make up the entire agreement between the parties regarding SceneTap, and supersede any prior agreements. For venues only, these Terms of Use incorporate any earlier executed Venue Agreement.

If any portion of these Terms of Use is found to be unenforceable, the remaining portion will remain in full force and effect.

If we fail to enforce any of these Terms of Use, it will not be considered a waiver.

Any amendment to or waiver of these Terms of Use must be made in writing and signed by us.

You will not transfer any of your rights or obligations under these Terms of Use to anyone else without our consent.

All of our rights and obligations under these Terms of Use are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of the law.

Nothing in these Terms of Use shall prevent us from complying with the law.

These Terms of Use do not confer any third party beneficiary rights.

You will comply with all applicable laws when using or accessing SceneTap.

You may also want to review the following documents:

Note: You may also want to view our privacy policy under separate cover.

Payment Terms

Making Purchases

When you confirm a transaction on SceneTap, you agree to be bound and pay for that transaction.

Pay attention to the details of the transaction because your total price may include taxes, fees, and shipping costs, which you are responsible for paying.

Don’t commit to a transaction unless you are ready to pay, because all sales are final.

If you order something that becomes unavailable before it can be provided to you, your only remedy is to receive a refund of your purchase price.

You may be presented with additional terms related to a specific purchase before you confirm the transaction (such as shipping terms for tangible goods). Those additional terms will also govern the transaction.

WE MAKE NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY PRODUCTS OR SERVICES SOLD ON OR THROUGH SCENETAP.

Payment Sources. We want to make payments convenient, so we allow you to make payments using a number of different payment sources, like credit card and debit cards.

When you provide a payment source to us, you confirm that you are permitted to use that payment source. You also authorize us to collect and store it, along with other related transaction information.

When you make a payment, you authorize us (and our designated payment processor) to charge the full amount of the payment source you designate for the transaction.

If you pay by credit or debit card we may obtain a pre-approval from the issuer of the card for an amount up to the amount of the purchase. We will bill your card at the time of purchase or shortly thereafter. If you cancel a transaction before completion, that pre-approval may result in your funds not otherwise being immediately available.

If you pay by debit card and your payment results in an overdraft or other fee from your bank, you alone are responsible for that fee.

Actions We May Take. As part of our effort to keep SceneTap safe, we may take certain actions to reduce liability for users and us.

We may make any inquiries that we consider necessary, either directly or through third parties, concerning your identity and creditworthiness.

We may cancel any transaction if we believe the transaction violates these Payment Terms or the Terms of Use, or we believe doing so may prevent financial loss.

We may place a delay on a payment for a period of time, limit payment sources for a transaction, limit your ability to make a payment, or deactivate your account if we believe doing so may prevent financial loss.

We may contact your payment source issuer, law enforcement, or impacted third parties (including other users) and share details of any payments you are associated with if we believe doing so may prevent financial loss or a violation of law.

If you purchase advertising, and your payment method fails or your account is past due, we may take steps to collect past due amounts using other collection mechanisms. You agree to pay all expenses associated with such collection, including reasonable attorneys’ fees. Interest will accrue on any past due amounts at the rate of the lesser of 1% per month compounded monthly or the lawful maximum.

Disputes and Reversals

If you believe that an unauthorized or otherwise problematic transaction has taken place under your account, you agree to notify us immediately, so that we may take action to prevent financial loss.

To the fullest extent permitted by law, you waive all claims against us relate to payment unless you submit the claim to us within 30 days after the charge.

You are responsible for and agree to reimburse us for all reversals, charge-backs, claims, fees, fines, penalties and other liability incurred by us (including costs and related expenses) that were caused by or arising out of payments that you authorized or accepted.

If you enter into a transaction with a third party, including any venue, and have a dispute over the goods or services you purchased we have no liability for such goods or services. Our only involvement with regard to such transaction is as a payment agent.

We may intervene in disputes between users and/or venues concerning payments but have no obligation to do so.

Your only remedy for a technical failure or interruption of service is to request that your transaction be completed at a later time.

Special Provisions Applicable to Advertisers

When you purchase advertising on SceneTap, you agree to pay all amounts specified in the order, along with any applicable taxes.

You are responsible for maintaining the security of your advertising account, and you understand that you will be charged for any order place on or through your advertising account.

You can cancel an advertising order at any time through our website or mobile applications, but your ads may run for several days after you notify us, and you are still responsible for paying for those ads.

Without limiting your obligation to pay for advertisements you order, your order constitutes your written authorization for us to obtain your personal and/or business credit reports from a credit bureau. We may obtain your credit report when you place an order, or at any time thereafter.

It is your responsibility to remit any taxes that apply to your transactions. You agree to indemnify and hold SceneTap harmless from and against any claim arising out of your failure to do so.

Notices and Amendments to These Payment Terms

We may provide notices to you by posting them on our website, or by sending them to an email address or street address that you previously provided to us. Website and email notices shall be considered received by you within 24 hours of the time posted or sent; notice by mail shall be considered received within three business days of the time sent.

Except as otherwise stated, you must send notices to us relating to payments and these Payment Terms by post mail to: SceneTap, Attention: Legal Department, 531 W. Addison 3N, Chicago, IL 60613.

The Payment Terms in place at the time you confirm a transaction will govern that transaction.

We may change these Payment Terms, in whole or in part, even though the changes may affect accumulated credits. All amendments to these Payment Terms will be made pursuant to the Terms of Use.

Other

All of the commitments you make in the SceneTap Terms of Use apply to payment through SceneTap. In the event of any conflict between these Payment Terms and the SceneTap Terms of Use, the Payment Terms shall prevail.

If you are under the age of 21, you may not make payments.

These Payment Terms are between you and SceneTap LLC.

Some countries may restrict or prohibit your ability to make payments through SceneTap. Nothing in this Payment Terms should be read to override or circumvent any such foreign laws.

Advertising Policies

Advertising Philosophy

At SceneTap, we believe that every part of our site, including the ads, should be consistent with the overall user experience. Thus, we are committed to protecting our user experience by keeping the site clean, consistent, and free from misleading advertising.

Advertising Guidelines

The following guidelines apply to all ads appearing on SceneTap. In addition, all ads on SceneTap must comply with the Privacy Policy and Terms of Use. SceneTap reserves the right to reject or remove advertising that we deem contrary to our ad philosophy. These guidelines are subject to change at any time and SceneTap may waive any of these guidelines at its discretion.

Accounts

Advertisers cannot create or manage multiple SceneTap accounts for advertising purposes unless given permission by SceneTap to do so.

Advertisers cannot programmatically automate the creation of accounts or ads unless given permission by SceneTap to do so.

Landing pages/ Destination URLs

Ads that contain a URL or domain in the body must link to the same URL or domain.

Ads must send users to the same landing page when the ad is clicked.

Landing pages cannot generate a pop-up (including “pop-overs” and “pop-unders”) when a user enters or leaves the page.

Landing pages cannot use “fake” close behavior (i.e. when a user clicks the ‘close’ icon on the page, the page should close down and not other behavior should result).

Landing pages cannot utilize “mouse trapping” whereby the advertiser does not allow users to use their browser “back button” and traps them on their site and/or present any other unexpected behavior (for example: navigation to another ad or page)

Ads cannot require viewers to click on the ad to submit Personally Identifiable Information (such as name, date of birth, phone numbers, social security number, physical addresses, or email addresses) on the landing page or in the ad, except to enable an ecommerce transaction and where the ad and landing page clearly indicate that a product is being sold.

SceneTap references. All ads, destination adds, and landing pages must adhere to the following restrictions:

Prohibited Content:

Ads must not be false, misleading, fraudulent, or deceptive

Ads will not be permitted in cases where a business model or practice is deemed unacceptable or contrary to SceneTap’s overall advertising philosophy.

Ads, or categories of ads, which receive a significant amount of negative user feedback, or are otherwise deemed in violation of community standards will not be permitted.

Ads cannot contain, facilitate, promote, or reference the following:

Refusal of Ads.

We may refuse ads at any time for any reason, including our determination that they promote competing products or services or negatively affect our business or relationship with our users.

Data and Privacy

You may not give data you receive from us to any third party, including ad networks.

Unless authorized by us, your ads may not display user data - such as users’ names or profile photos - whether that data was obtained from SceneTap or otherwise.

You may not use user data you receive from us or collect through running an ad, including information you derive from your targeting criteria, for any purpose off of SceneTap, without user consent.

Targeting. Any targeting of ads based on a user attribute, such as age, gender, location, or interest must be directly relevant to the offer, and cannot be done by a method inconsistent with privacy and data policies.

Prices, discounts, and free offers

Ads cannot be deceptive or fraudulent about any offer made.

If an ad includes a price, discount, or ‘free’ offer, the destination URL for the ad must link to a page that clearly and accurately offers the exact deal the ad has displayed;

The ad must clearly state what action or set of actions is required to qualify for the offer.

Subscription Services.

The advertisement of Subscription Services must comply with the conditions noted below and as determined by SceneTap in its sole discretion. “Subscription Services” may include sites that promote downloading ringtones, games, or other entertainment services or any site that induces a user to sign up for recurring billing or a product or service.

The ad must clearly state what action or set of actions is required to quality for the offer. If the user must subscribe to a service, the service and offer requirements must both be stated in the ad.

The recurring subscription must be consistent with what is promoted in the ad copy.

At a minimum, the promoted website must clearly and accurately display the price and billing interval (such as per week or per month) on the landing page as well as any page the prompts a user for Personally Identifiable Information (such as name, date of birth, phone number, social security number, physical addresses, or email addresses) or billing information (including, but not limited to, mobile phone number or credit card number).

If users sign up for the service by transmitting a code by text message, the price and billing interval must be clearly and prominently displayed beside the code.

If the service is a subscription, the website must provide a prominent opt-in checkbox or other clear mechanism indicating that the user knowingly accepts the price and subscription service. This should be on the first page where the user enters personal data, and the user should not be able to proceed without opting in.

All of the foregoing items should be located in a prominent place on your webpage, as determined by SceneTap in its sole discretion, and should be easy to find, read, and understand.

Ads for Alcoholic Beverages

You must ensure that your ads:

You must ensure that your alcohol ads never:

Copyrights and Trademarks

Ads cannot include any content that infringes upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary right.

The advertiser must have intellectual property rights to the creative content and be permitted to display such creative content as advertising on SceneTap.

Spam.

Ads cannot contain, facilitate, or promote ‘spam’ or other advertising or marketing content that violates applicable laws, regulations, or industry standards.

Incentives.

Ads cannot offer incentives to viewers for clicking on the add, for submitting Personally Identifiable Information (such as name, date of birth, phone number, social security number, physical addresses, or emails addresses), or for performing any other tasks.

Downloads

Ads must not contain or link directly or indirectly to a site that contains spyware/malware downloads, whether initiated automatically or manually by the user, or other auto-initiated downloads.

Ads cannot contain or link to a site that facilities or promotes:

Grammar, sentence structure, spelling, and spacing

Ad text must be grammatically correct and contain proper sentence structure.

Ad text must be in complete sentences.

Ads cannot include excessive repetition (such as “buy, buy, buy”)

Ads must use correct spelling.

Ad text must include grammatically correct spacing.

Capitalization

Ads must use proper, grammatically correct capitalization (such as capitalizing the first letter of all proper nouns and capitalizing the title of the ad).

Ads cannot contain excessive capitalization (such as “FREE”) or incorrect capitalization (such as capitalizing the first letter of every work in a sentence).

Acronyms may be capitalized.

Punctuation

Ads must include logical, correct punctuation.

Ads cannot contain repeated and unnecessary punctuation (such as “Buy now!!!”).

All complete sentences (including if the ad title is a complete sentence) must end with a single punctuation mark. Sentences cannot end with elipses, dashes, etc.

Exclamation points cannot be used in the title of any ad.

Symbols

The use of all symbols, numbers, or letters must adhere to the true meaning of the symbol.

Ads cannot contain repeated and unnecessary symbols.

Symbols cannot be used for the following:

To substitute for letters (e.g., “$ave” instead of “save”);

To substitute for entire words (e.g., “&” instead of “and” or “$” instead of “cash/dollars/money”);

As unnecessary abbreviations to shorten character count (e.g., “w/” instead of “with” or “@” instead of “at”).

Symbols may be used by the following:

Venue Participation Policy

Venue Philosophy. SceneTap seeks to provide the best service possible to each of the venues that have agreed to participate on its network. This policy explains SceneTap’s expectations for how its venues will conduct themselves on the network to ensure the highest possible quality of service for the network’s users and, in turn, the venues.

Deals.

Venues may choose to offer a coupon through SceneTap. This is known as a “Deal.” If a venue offers a Deal, it must comply with the following:

Venue Advertisements.

Venues may, from time to time, seek to promote their venue by placing advertisements on SceneTap. These advertisements shall be governed by the SceneTap Advertising Policy, just as any non-venue’s advertisements would be.

Features.

Venues may request to advertise their establishment through a “feature” placement on SceneTap. Features are the bread-and-butter of SceneTap because they help users focus on the handful of venues with the best offers on a given night. A feature may be purchased on a given night for a location (“Featured Bar”), a Deal (“Featured Deals”), or a special (“Featured Special”).

When a venue purchases a “feature” for a given period of time on SceneTap, SceneTap promises to give a geographically appropriate exclusive “feature” status to that venue, deal, or special.

SceneTap makes no promise that the feature will have any specific effect on the venue’s marketing or performance.

Any disputes between the venue and SceneTap arising from the purchase of a “feature” shall be governed by the Terms of Use.

Data Protection and Privacy.

Venues may receive customer data through SceneTap. Venues agree that this data provided by SceneTap shall be governed by SceneTap’s Privacy Policy.

Customer Analytics.

SceneTap strives to provide venues with data such as traffic flow and demographic statistics that can help the venue better manage its business. For example, a venue may use this information to measure the effectiveness of its marketing and advertising. Nevertheless, due to venue conditions, lighting elements, user manipulation, acts of God, hardware limitations, software limitations, and other special situations, the data provided by SceneTap to the venues may not always accurately reflect the actual underlying customer data. SceneTap does not warrant that such data will always be reliable.

Non-manipulation of data collection. Venues on SceneTap shall not take any action that would compromise SceneTap’s ability to collect accurate data. For example, venue operators in establishments that require additional lighting should not alter any SceneTap lighting mechanisms. Any manipulation may result in corrective action.

Compliance with the Law. Venues who utilize SceneTap must comply with all local, state, and federal laws regarding the sale and promotion of alcohol. Venues that use SceneTap to help sell or promote the sale of alcohol agree that:

The venue shall be solely responsible for ensuring that any of its sales, advertisements, or promotions of its venue complies with such laws.

The venue shall hold SceneTap harmless and indemnify SceneTap against any and all fees, fines, penalties and the like arising from the venue’s failure to comply with local, state, or federal laws in using SceneTap.

Disputes. Any disputes between SceneTap and a venue shall be resolved under the Terms of Use.