Welcome to Scenery, the website of Tensil, Inc. ("Tensil,"
"we," or "us"). This page explains the terms by
which you may use our website, and/or mobile services, and software
provided on or in connection with the service (collectively, the
"Service"). By accessing or using the Service, or by
clicking a button or checking a box marked "I Agree" (or
something similar), you signify that you have read, understood, and
agree to be bound by these Terms of Service (this
"Agreement"), and to the collection and use of your
reserves the right to modify these terms and will provide notice of
these changes as described below. This Agreement applies to all
visitors, users, and others who access the Service
Please read this Agreement carefully to ensure that you understand each provision. This agreement contains a mandatory individual arbitration and class action/jury trial waiver provision that requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions.
Scenery is a collaborative web video creation platform that enables individuals and teams to create, share, review and publish video and other digital content together.
This is a contract between you and Tensil. You must read and agree to these terms before using the Scenery Service. If you do not agree, you may not use the Service. You may use the Service only if you can form a binding contract with Tensil, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Service by anyone under 13 is strictly prohibited and in violation of this Agreement. The Service is not available to any Users previously removed from the Service by Tensil.
Your account on the Service (your "User Account") gives you
access to the services and functionality that we may establish and
maintain from time to time and in our sole discretion. By connecting
to Scenery with a third-party service, you give us permission to
access and use your information from that service as permitted by that
service, and to store your log-in credentials for that service.
You may never use another User’s User Account without permission. When creating your User Account, you must provide accurate and complete information, and you must keep this information up to date. You are solely responsible for the activity that occurs on your User Account, and you must keep your User Account password secure. We encourage you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your User Account. You must notify Tensil immediately of any breach of security or unauthorized use of your User Account. Tensil will not be liable for any losses caused by any unauthorized use of your User Account.
By providing Tensil your email address and mobile phone number you consent to our using the email address and mobile phone number to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address or mobile phone number to send you other messages, such as changes to features of the Service and special offers. If you do not want to receive such email messages, you may opt out by clicking on an opt out link include in the emails. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.
We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to Users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.
You are solely responsible for your interactions with other Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Tensil shall have no liability for your interactions with other Users, or for any User’s action or inaction.
The Service is controlled and operated from facilities in the United States. Tensil makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States.
Some areas of the Service allow Users to submit, post, display,
provide, or otherwise make available content such as profile
information, videos, images, music, comments, questions, and other
content or information (any such materials a User submits, posts,
displays, provides, or otherwise makes available on the Service is
referred to as "User Content"). We claim no ownership rights
over User Content created by you. The User Content you create remains
yours. However, you understand that certain portions of the Service
may allow other Users to view, edit, download, share, and/or otherwise
interact with your User Content. By providing or sharing User Content
through the Service, you agree to allow others to view, edit,
download, share, and/or interact with your User Content in accordance
with your settings and this Agreement. Tensil has the right (but not
the obligation) in its sole discretion to remove any User Content that
is shared via the Service. By submitting, posting, displaying,
providing, or otherwise making available any User Content on or
through the Service, you expressly grant, and you represent and
warrant that you have all rights necessary to grant, to Tensil a
royalty-free, sublicensable, transferable, perpetual, irrevocable,
non-exclusive, worldwide license to use, reproduce, modify, publish,
list information regarding, edit, translate, distribute, syndicate,
publicly perform, publicly display, and make derivative works of all
such User Content and your name, voice, and/or likeness as contained
in your User Content, in whole or in part, and in any form, media or
technology, whether now known or hereafter developed, for use in
connection with the Service and Tensil’s (and its successors’ and
affiliates’) business, including without limitation for promoting and
redistributing part or all of the Service (and derivative works
thereof) in any media formats and through any media channels. You also
hereby grant each User of the Service a non-exclusive license to
access your User Content through the Service, and to use, reproduce,
distribute, display and perform such User Content as permitted through
the functionality of the Service and under this Agreement. For the
purposes of this Agreement, "Intellectual Property Rights"
means all patent rights, copyright rights, mask work rights, moral
rights, rights of publicity, trademark, trade dress and service mark
rights, goodwill, trade secret rights and other intellectual property
rights as may now exist or hereafter come into existence, and all
applications therefore and registrations, renewals and extensions
thereof, under the laws of any state, country, territory or other
In connection with your User Content, you affirm, represent and warrant the following:
Tensil takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts, sends, or otherwise makes available over the Service. You shall be solely responsible for your User Content and the consequences of posting, publishing it, sharing it, or otherwise making it available on the Service, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that Tensil shall not be liable for any damages you allege to incur as a result of or relating to any User Content.
As between you and Tensil, you own your User Content - Tensil does not
claim any ownership rights in any User Content that you make available
through the Services and nothing in these Terms will be deemed to
restrict any rights that you may have to use and exploit your User
Content. Subject to the foregoing, Tensil and its licensors
exclusively own all right, title and interest in and to the Services
and Content, including all associated intellectual property rights.
You agree not to remove, alter or obscure any copyright, trademark,
service mark or other proprietary rights notices incorporated in or
accompanying the Services or Content.
You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content, nor any use of your User Content by Tensil or any other users on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You understand and agree that you share your User Content through the Services at your own risk. Tensil is not responsible for any ownership or licensing arrangements between you and other Team Members regarding User Content shared within a Team, or between you and anyone else that has access to your Projects and/or other User Content on account of your public posting of your Projects and/or User Content. In sharing your Projects and User Content, with other Team Members or through public posting, it’s your responsibility to spell out the rights that your Team Members or the general public, as applicable, have in connection with their access to and use of your Projects and User Content. Any disputes regarding ownership or licensing of a Project or modifications thereto that have been shared amongst a Project Team are between you and your Team Members. Any disputes regarding ownership or licensing of a Projects or modifications thereto that have been shared via Public Posting are between you and those parties that have access to such Project or modifications on account of your public posting. We are not responsible for resolving any intellectual property or ownership disputes between Team Members or between you and anyone else that has access to your Projects and/or other User Content an account of your public posting, so you should exercise good judgment when deciding whether or not to participate in a Project Team or about the public posting of any of your Projects and/or other User Content.
If you are not a registered User, subject to your compliance with
these Terms, Tensil grants you a limited, non-exclusive,
non-transferable license to view any Content to which you are
permitted access solely for your personal and non-commercial purposes.
If you are a registered User, subject to your compliance with these Terms, Tensil grants you a limited, non-exclusive, worldwide, non-transferable, non-sublicensable license to access and view the Content (including any User Content as applicable) solely in connection with your permitted use of the Services.
In addition, Tensil grants (i) your Team Members (and by adding any Team Members to your Project Team, you hereby allow Tensil to grant to your Team Members) the right to copy, distribute, modify and create derivative works based upon your Project and the Project Content as permitted by the functionality of the Services.
We welcome feedback, comments and suggestions for improvements to the Services ("Feedback") by emailing us at email@example.com. As we need to be able to freely work with your Feedback to improve the Services, you hereby irrevocably transfer and assign all right, title and interest (including all intellectual property rights, such as copyrights or trade secrets) in and to the Feedback, including any and all "moral rights" that you might have in such Feedback, and you hereby forever waive and agree never to assert any and all "moral rights" you may have in the Feedback.
Except for your User Content, the Service and all materials therein or
transferred thereby, including, without limitation, software, images,
text, graphics, illustrations, logos, patents, trademarks, service
marks, copyrights, photographs, audio, videos, music, and User Content
belonging to other Users (the "Tensil Content"), and all
Intellectual Property Rights related thereto, are the exclusive
property of Tensil and its licensors (including other Users who post
User Content to the Service). Except as explicitly provided herein,
nothing in this Agreement shall be deemed to create a license in or
under any such Intellectual Property Rights, and you agree not to
sell, license, rent, modify, distribute, copy, reproduce, transmit,
publicly display, publicly perform, publish, adapt, edit or create
derivative works from any Tensil Content. Use of the Tensil Content
for any purpose not expressly permitted by this Agreement is strictly
You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products ("Ideas"). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Tensil under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Tensil does not waive any rights to use similar or related ideas previously known to Tensil, or developed by its employees, or obtained from sources other than you.
Tensil cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
Since we respect artist and content owner rights, it is Tensil’s
policy to respond to alleged infringement notices that comply with the
Digital Millennium Copyright Act of 1998 ("DMCA").
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify Tensil’s copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing:
Attn: DMCA Notice
Address: P.O Box 574
Burlingame, CA 94010
Tel.: (650) 246-9051
Under federal law, if you knowingly misrepresent that online material is infringing, you may be subject to criminal prosecution for perjury and civil penalties, including monetary damages, court costs, and attorneys’ fees. Please note that this procedure is exclusively for notifying Tensil and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with Tensil’s rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws. In accordance with the DMCA and other applicable law, Tensil has adopted a policy of terminating, in appropriate circumstances, Users who are deemed to be repeat infringers. Tensil may also at its sole discretion limit access to the Service and/or terminate the User Accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
You agree to defend, indemnify and hold harmless Tensil and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) User Content or any content that is submitted via your User Account including without limitation misleading, false, or inaccurate information; (vi) your willful misconduct; or (vii) any other party’s access and use of the Service with your unique username, password or other appropriate security code.
The Service is provided on an "as is" and "as
available" basis. Use of the Service is at your own risk. To the
maximum extent permitted by applicable law, the Service is provided
without warranties of any kind, whether express or implied, including,
but not limited to, implied warranties of merchantability, fitness for
a particular purpose, or non-infringement. No advice or information,
whether oral or written, obtained by you from Tensil or through the
Service will create any warranty not expressly stated herein. Without
limiting the foregoing, Tensil, its subsidiaries, its affiliates, and
its licensors do not warrant that the content is accurate, reliable or
correct; that the Service will meet your requirements; that the
Service will be available at any particular time or location,
uninterrupted or secure; that any defects or errors will be corrected;
or that the Service is free of viruses or other harmful components.
Any content downloaded or otherwise obtained through the use of the
Service is downloaded at your own risk and you will be solely
responsible for any damage to your computer system or mobile device or
loss of data that results from such download or your use of the
Further, Tensil does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service or any hyperlinked website or service, and Tensil will not be a party to or in any way monitor any transaction between you and third-party providers of products or services. Federal law, some states, provinces and other jurisdictions do not allow the exclusion and limitations of certain implied warranties, so the above exclusions may not apply to you. This Agreement gives you specific legal rights, and you may also have other rights which vary from state to state. The disclaimers and exclusions under this Agreement will not apply to the extent prohibited by applicable law.
To the maximum extent permitted by applicable law, in no event shall
Tensil, its affiliates, agents, directors, employees, suppliers or
licensors be liable for any indirect, punitive, incidental, special,
consequential or exemplary damages, including without limitation
damages for loss of profits, goodwill, use, data or other intangible
losses, arising out of or relating to the use of, or inability to use,
the Service. Under no circumstances will Tensil be responsible for any
damage, loss or injury resulting from hacking, tampering or other
unauthorized access or use of the Service or your account or the
information contained therein.
To the maximum extent permitted by applicable law, Tensil 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 or use of our service; (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the Service; (v) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our service by any third party; (vi) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service; and/or (vii) User Content or the defamatory, offensive, or illegal conduct of any third party. In no event shall Tensil, its affiliates, agents, directors, employees, suppliers, or licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount you paid to Tensil hereunder or $100.00, whichever is greater. This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Tensil has been advised of the possibility of such damage.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. This Agreement gives you specific legal rights, and you may also have other rights which vary from state to state. The disclaimers, exclusions, and limitations of liability under this Agreement will not apply to the extent prohibited by applicable law.
Governing Law, Arbitration, and Class Action/Jury Trial Waiver