These Terms and Conditions (“Terms”) govern the use of our website, theindianscene.com (the “Site”). Please read these Terms carefully. These Terms constitute a legal agreement between [______________](“The Indian SCENE” “us” “we”, or “Company”) and you and you agree to be bound by them if you access the Site or use any features of the Site (“Services”).
We may amend these Terms at any time by posting a revised version on the Site and, as such, you should check frequently to see if these Terms have been amended. It is your responsibility to review these Terms prior to each use, and by continuing to use this Site you agree to any changes in these Terms. Your continued use of the Site will be deemed acceptance to any amended or updated Terms.
We may change, suspend, or discontinue any element of the Site or the Services at any time and without notice. We may change the requirements to access any element of the Site or the Services at any time, and without notice.
Access to and Use of our Content
Our Site, Services and materials published on the Site or the Services (including but not limited to news articles, text, photographs, images, illustrations, audio clips and video clips) (collectively, “Content”) are protected by copyright, and owned or controlled by the Company or the party credited as the provider of the Content.
Content (whether originating with us or a third party) may be used only for your personal, non-commercial benefit. Any other use is strictly prohibited. Content shall not be published, broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any medium. You may not copy, reprint, repost, redistribute, electronically catalog, modify, create derivative works of or otherwise use our content for any other purpose in any form without our express permission in writing. Neither these materials nor any portion thereof may be stored in a computer except for personal and non-commercial use. You shall abide by all additional copyright notices, information, or restrictions contained in any Content accessed through the Service.
Requests to repost, syndicate or otherwise make use of our content beyond your personal use should be made via the contact page, with the subject note: “Request to republish Neighborhood SEEN content.”
Readers are welcome to comment on our content. We may allow you, subject to our sole discretion, to post a blog or other content on the Site. You post any such comments and submit any such content at your own discretion and risk, and we accept no responsibility for them. We do not endorse any such comments or content. In submitting any such comments or content, you acknowledge that you have the legal right to submit them, and that we have no obligation to pre-screen them or moderate them. You grant us the non-exclusive, unconditional, royalty-free and sub-licensable right and license to use, copy, transmit, excerpt, publish, publicly display, perform, distribute, create derivative works of, tag, modify, adapt to other technologies, or make other use of such material at our discretion, including for related online and offline promotional use. While we do not and cannot review every submission, and are not responsible for their content, we reserve the right to remove or edit such comments or content at our discretion. We accept no liability for any comments or content posted or submitted by readers that is published by us or others.
In submitting any comment or content, you represent, warrant and covenant that (i) it is not libelous, defamatory, obscene, racist, inciteful, pornographic, abusive, illegal or offensive in any other way, and (ii) it does not violate or infringe on the copyright, trademark, privacy, moral or other rights of any person or entity. You may not post or distribute any commercial material (such as solicitation of funds or for goods or services or advertising) without our express consent in each instance. You agree to indemnify the Company and affiliates and their owners, staff and directors against any claims, liabilities and costs arising from comments or content that you post or submit or any breach of these Terms. You agree to cooperate with us in the defense of any such claim, and agree that we may in our discretion assume the exclusive defense of such claim, subject to your indemnification obligations.
Third Party Links
The Site or Services may link to Web sites belonging to third parties, including third party news, analysis or commentary sites, other resources or advertisers. The Company does not endorse any content provided by third parties and we urge our users to exercise caution in using third-party sites. We are not responsible for the availability or content of these sources, and you should direct any concerns regarding any external link directly to such site.
You may elect to register with us to receive communications from us, such as a daily digest of news, news alerts or SMS alerts. The Company reserves the right to refuse a registration request for any reason. You may not provide false information during the registration process. You should not reveal your password to other users. The Company will not ask you to reveal your password. If you forget your password, you can request to have a new password sent to your registered e-mail address. Your account is at risk if you let someone use it inappropriately and your account is subject to termination if you or anyone using your account violates these Terms. You are fully and solely responsible for the security of your computer system and all activity on your account, even if such activities were not committed by you. You agree to indemnify and hold the Company harmless for any improper or illegal use of your account, unless you have notified us via the contact page that your account has been compromised, and have requested us to block access to it.
You agree that the Company may for any reason, in its sole discretion and without notice, terminate your account, and remove from the Site any content associated with your account.
If the Company believes, in its sole discretion, that a violation of these Terms or any illegal or inappropriate behavior has occurred, we may take any other corrective action we deem appropriate. We reserve the right to investigate suspected violations of these Terms or illegal and inappropriate behavior on the Site. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity, content and behavior of anyone believed to have violated these Terms or to have engaged in illegal behavior on the Site. If you believe content on the Site or Services is offensive or violates your rights, please contact us via the contact page.
We reserve the right at any time to charge for access to the Site or Services. You will receive notice of any fees and may cancel your account at any time. You are responsible for all relevant fees and taxes for all purchases made by you or by someone acting on your behalf through the Site.
We may in the future make software available for download from the Site, and in such event any such software will be protected by copyright and/or other intellectual property right and subject to the associated end user license agreement.
It is our policy to respond to copyright owners who believe material appearing on the Site infringes their rights under applicable copyright law. If you believe that something appearing on the Site infringes your copyright, you may send us a notice requesting that it be removed, or access to it blocked. If you believe that such a notice has been wrongly filed against you, the United States Digital Millennium Copyright Act (“DMCA”) lets you send us a counter-notice. Notices and counter-notices must meet the DMCA’s requirements. We suggest that you consult your legal advisor before filing a notice or counter-notice. Be aware that there can be substantial penalties for false claims. Send notices and counter-notices to us. To send notices or counter notices, please contact us via the contact page.
The owner of the Site is based in the state of Michigan in the United States. We provide this Site for use only by persons located in the United States. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Site, including, but not limited to, your user contributions, any use of the Site’s Content, Services, and products other than as expressly authorized in these Terms or your use of any information obtained from the Site.
Governing Law and Jurisdiction
All matters relating to the Site and these Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Michigan without giving effect to any choice or conflict of law provision or rule (whether of the State of Michigan or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Site shall be instituted exclusively in the United States Federal District Court for the Eastern District of Michigan or the state courts located in Oakland County, Michigan. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Waiver and Severability
No waiver of by the Company of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.