Terms and Conditions

1. Website Usage Rules

Welcome to the Scenic Vista Productions website. By accessing and using this website (the "Site"), you agree to be bound by these Terms and Conditions (the "Terms"). If you do not agree with any part of these Terms, you must not use this Site.

1.1 Acceptable Use

You agree to use this Site only for lawful purposes and in a manner that does not infringe the rights of, restrict, or inhibit anyone else's use and enjoyment of the Site. Prohibited behavior includes harassing or causing distress or inconvenience to any other user, transmitting obscene or offensive content, or disrupting the normal flow of dialogue within this Site.

• You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs, or other material that is malicious or technologically harmful.
• You must not attempt to gain unauthorized access to our Site, the server on which our Site is stored, or any server, computer, or database connected to our Site.
• You must not attack our Site via a denial-of-service attack or a distributed denial-of-service attack.

By breaching this provision, you would commit a criminal offense under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.

1.2 User Accounts

If any portion of the Site requires you to register an account, you agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. You are responsible for maintaining the confidentiality of your account password and are fully responsible for all activities that occur under your account. You agree to immediately notify Scenic Vista Productions of any unauthorized use of your account or any other breach of security.

2. Intellectual Property Rights

The content, layout, design, data, databases, and graphics on this Site are protected by intellectual property laws, including copyright and trademarks, and are owned by or licensed to Scenic Vista Productions. All rights are reserved.

2.1 Limited License

You are granted a limited, non-exclusive, non-transferable, and revocable license to access and use the Site for your personal, non-commercial use. You may not copy, reproduce, modify, distribute, transmit, display, perform, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from this Site without the prior written permission of Scenic Vista Productions.

2.2 Trademarks

The Scenic Vista Productions name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Scenic Vista Productions or its affiliates or licensors. You must not use such marks without the prior written permission of Scenic Vista Productions.

2.3 Copyright Infringement

If you believe that any content on this Site infringes your copyright, please provide us with a written notice that includes the following information:

• A description of the copyrighted work that you claim has been infringed;
• A description of where the material that you claim is infringing is located on the Site;
• Your address, telephone number, and email address;
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Please send your copyright infringement notice to our designated agent at: Legal Department, Scenic Vista Productions, 555 Golden Gate Ave, San Francisco, CA 94102.

3. Disclaimers

This Site and its content are provided on an "as is" and "as available" basis without any warranties of any kind, either express or implied. To the fullest extent permissible under applicable law, Scenic Vista Productions disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

3.1 No Guarantee of Accuracy

Scenic Vista Productions does not warrant that the information on this Site is accurate, complete, or current. The Site may contain typographical errors or other inaccuracies. We reserve the right to correct any errors or omissions and to change or update information at any time without prior notice.

3.2 No Endorsement

The Site may contain links to third-party websites or resources. Scenic Vista Productions is not responsible for the content or availability of these third-party sites or resources and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources.

4. Limitations of Liability

To the fullest extent permitted by applicable law, Scenic Vista Productions shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if Scenic Vista Productions has been advised of the possibility of such damages), resulting from:

• The use or the inability to use the Site;
• 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 Site;
• Unauthorized access to or alteration of your transmissions or data;
• Statements or conduct of any third party on the Site;
• Any other matter relating to the Site.

In no event shall Scenic Vista Productions' total liability to you for all damages, losses, and causes of action (whether in contract, tort (including negligence), or otherwise) exceed the amount you paid, if any, to Scenic Vista Productions for access to or use of the Site.

5. Indemnification

You agree to indemnify, defend, and hold harmless Scenic Vista Productions, its officers, directors, employees, agents, licensors, and suppliers from and against all claims, losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of these Terms or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Site using your account.

6. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles. You agree to submit to the exclusive jurisdiction of the state and federal courts located in San Francisco, California, for the resolution of any disputes arising out of or relating to these Terms or your use of the Site.

7. Changes to These Terms

Scenic Vista Productions reserves the right to modify or revise these Terms at any time without prior notice. Your continued use of the Site following the posting of any changes to these Terms constitutes acceptance of those changes. It is your responsibility to review these Terms regularly to ensure that you are aware of any changes.

8. Contact Information

If you have any questions about these Terms, please contact us at:

Scenic Vista Productions
555 Golden Gate Ave
San Francisco, CA 94102
Email: legal@scenicvistaproductions.com
Phone: (415) 555-0123

9. Entire Agreement

These Terms constitute the entire agreement between you and Scenic Vista Productions relating to your use of the Site and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Scenic Vista Productions with respect to the Site.

10. Severability

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.

11. Force Majeure

Scenic Vista Productions shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Scenic Vista Productions' reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation.

12. Waiver

The failure of Scenic Vista Productions to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Scenic Vista Productions in writing.

13. Third-Party Rights

A person who is not a party to these Terms has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms.

14. Survival

Provisions of these Terms that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

15. Policy Author and Effective Date

These Terms and Conditions were authored by Amelia Rodriguez, Legal Counsel for Scenic Vista Productions. These terms are effective as of January 1, 2025.