myscenicdrives.com: Terms Of Use

Last Updated: February 2010

Welcome to myscenicdrives.com. This service is provided solely to assist users in gathering scenic drive information, posting opinions of drives or related issues, posting reviews of location specific service providers, engaging in interactive travel forums and for no other purposes. The myscenicdrives services (collectively myscenicdrives) are operated by FX Development, Inc. and its corporate affiliates (collectively, “us”, “we”, or “FX Development”). The term “you” refers to the user visiting the Website and/or contributing content on this website.

This website is offered to you conditioned upon your acceptance without modification of all the terms, conditions, and notices set forth below (collectively, the “Terms”). By using any part of myscenicdrives, including the web sites (http://www.fxdevelopment.com/ and https://www.myscenicdrives.com/), an application program interface (“API”), or an application that uses the site or API (collectively the “Website”), you signify that you have read and understood, and that you agree to be bound to by the Terms, whether or not you are a registered user or have an active subscription. We reserve the right, at our discretion, to change, modify, add, or delete portions of the Terms at any time without further notice. If we do this, we will post the changes to these Terms on https://www.myscenicdrives.com/About/terms.html and indicate the updated date at the top of the page. Your continued use of myscenicdrives after such changes constitutes your acceptance of the new Terms. If you do not agree to abide by these or any future Terms, do not use or access (or continue to use or access) myscenicdrives. It is your responsibility to regularly check to determine if there have been changes to the Terms and to review such changes.

Eligibility/Registration Information and Account Security

As a condition for your use of this Website, you warrant that (i) you are at least 18 years of age; (ii) you possess the legal authority to create a binding legal obligation; (iii) you will use this Website in accordance with this Agreement; (iv) all information supplied by you on this Website is true, accurate, current and complete, and (v) if you have an account with us, you will safeguard your account information and will supervise and be completely responsible for any use of your account by you and anyone other than you. We retain the right at our sole discretion to deny access to anyone to this Website and the services we offer, at any time and for any reason, including, but not limited to, for violation of the Terms.

Prohibited Activities

The content and information on this Website, as well as the infrastructure used to provide such content and information, is proprietary to us or our suppliers and providers. While you may make limited copies of your travel itinerary (and related documents) for travel information obtained through the Website, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this Website. Additionally, you agree not to: (i) use this Website or its contents for any commercial purpose; (ii) access, monitor, or copy any content or information of this Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission, (iii) violate the restrictions in any robot exclusion headers of this Website or bypass or circumvent other measures employed to prevent or limit access to this Website; (iv) take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure; (v) deep-link to any portion of this Website for any purpose without our express written permission; or (vi) "frame", "mirror", or otherwise incorporate any part of this Website into any other website without our prior written authorization.

Privacy Policy

Our current privacy policy is at https://www.myscenicdrives.com/About/PrivacyPolicy.html and also governs your use of myscenicdrives.com to understand our practices.

Ownership Rights

All content via myscenicdrives, including applications, designs, graphics, music, pictures, software, sound, text, video, and other content and their layout are proprietary property of FX Development, Inc., its users, or its licensors with all rights reserved. None of this content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form by any means, in whole or in part, without FX Development, Inc.’s prior written permission, with the exception of User Content. Provided that you are eligible for using the site, you are granted a limited license to access and use myscenicdrives and to download or print a copy of any portion of the site to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. Except for User Content, you may not upload or republish any of myscenicdrives’ content on any Internet, Intranet, or Extranet site or incorporate the information in any other database or compilation, and any other use of the content is strictly prohibited. This license is subject to the Terms and does not include use of any data mining, robots, or similar data gathering or extraction methods. Any use of myscenicdrives other than as specifically authorized herein, without the prior written permission from us, is strictly prohibited and will terminate the license granted herein. Such use may also violate applicable laws, including copyright and trademark laws. You agree and acknowledge that (i) we transfer no ownership interests in myscenicdrives or in the intellectual property of myscenicdrives to you under this agreement or otherwise.

User Content

We appreciate hearing from you. Please be aware that by submitting content to this Website by electronic mail, posting on this Website or otherwise, including any drive related information, feedback, reviews, questions, comments, suggestions, ideas, or the like contained in any submissions (collectively, “User Content”, you grant FX Development, Inc., its subsidiaries, corporate affiliates, and partners, a nonexclusive, royalty-free, perpetual transferable, irrevocable and fully sublicensable right to (i) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such User Content throughout the world in any media, now known or hereafter devised; and (ii) use the name that you submit in connection with such User Content. You acknowledge that FX Development may choose to provide attribution of your comments or reviews (for example, listing your name and hometown on a drive or service restaurant review that you submit) at our discretion, and such submissions may be shared with our supplier partners. You further grant FX Development the right to pursue at law any person or entity that violates your or FX Development’s rights in the Submissions by a breach of the terms. You acknowledge and agree that User Content is non-confidential and non-proprietary. We take no responsibility and assume no liability for any User Content posted or submitted by you. We have no obligation to post your comments; we reserve the right in our absolute discretion to determine which comments are published on the myscenicdrives.com website. If you do not agree with these terms and conditions, please do not provide us with any User Content.

You are fully responsible for the content of your User Content (specifically including but not limited to, reviews posted to this Website). You are prohibited from posting or transmitting to or from this Website: (i) any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material or content that would violate rights of publicity and/or privacy or that would violate any law; (ii) any commercial material or content (including, but not limited to, solicitation of funds, contents, raffles, advertising, or marketing of any good or services); (iii) viruses, corrupted data or other harmful, disruptive or destructive files and (iv) any material or content that infringes, misappropriates or violates any copyright, trademark, patent right or other proprietary right of any third party.

You shall be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of content to this Website. You acknowledge that FX Development may exercise its rights (e.g. use, publish, delete) to any content you submit without notice to you.

FX Development’s policies with respect to claims by third parties that the content of the Website, including the content of any User Content, infringes the copyrights owned by said third party can be found in the Claims of Copyright Infringement section below.

Developer API

We may provide an API and tools to help developers extend myscenicdrives. Any software that is made available to download from this Website (“Software”) is the copyrighted work of FX Development and/or its suppliers. Your use of such Software is governed by the terms of the end user license agreement, if any, which accompanies, or is included with, the Software (“License Agreement”) You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software made available for download on this Website not accompanied by a License Agreement, we hereby grant to you, the user, a limited, personal, nontransferable license to use the Software for viewing and otherwise using these Website in accordance with these terms and conditions and for no other purpose.

While we will do our best to keep the API up-to-date and bug-free, you use it at your own risk. You own the application and you are responsible for developing, operating, maintaining, and supporting it. You are responsible for any content shown as part of your application. You may not use the API for anything that infringes on anyone’s rights or intellectual property, generates spam, phishes, or is illegal. You must respect your users’ privacy in the same way that we do. Your application must not falsely represent itself. The user must be aware of any data caching operations and how long such data is maintained for. You may speak to the press and your users about your application as long as it is truthful and do not imply that your application was created by or endorsed by us.

You agree that you may modify your application for use and compatibility with other systems and environments and you may extend the functionality by using the myscenicdrives API. Such extensions may cease to work over time, and we are not responsible or liable for any such issues under any circumstances.

Links

Some links on this site may link to other sites. We are not responsible for the content on other sites and cannot be held liable for that content. Such links are provided as a convenience to you and access to any other web site linked from myscenicdrives should be visited at your own risk. Such links are not monitored, checked for accuracy, appropriateness, or completeness by us. Inclusion of a link within myscenicdrives does not imply a recommendation or endorsement by us for the linked web site. Please refer to the terms of use and privacy policy for each site visited.

Trademarks

FX Development, Inc., FX Development, myscenicdrives, My Scenic Drives, myscenicdrives.com, and other Company graphics, logics, designs, page headers, icons, scripts, and service names are registered trademarks, trademarks or trade dress of FX Development, Inc. in the United States, Canada, and/or other countries. Our trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission from us. All other brand and product names used herein or in the myscenicdrives are trademarks or registered trademarks of their respective owners.

Warranty/Limitation of Liability

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS WEBSITE IS PROVIDED TO YOU “AS IS” AND IT MAY INCLUDE INACCURACIES OR ERRORS, YOU EXPRESSLY AGREE THAT YOUR ACCEPTANCE AND USE OF MYSCENICDRIVES IS AT YOUR SOLE RISK.

FX DEVELOPMENT DOES NOT GUARANTEE THE ACCURACY OF, AND DISCLAIM ALL LIABILITY FOR ANY ERRORS OR OTHER INACCURACIES RELATING TO THE INFORMATION AND DESCRIPTION, INCLUDING BUT NOT LIMITED DRIVE INFORMATION, ROAD CONDITION AND ROAD HAZARDS, ACTUAL DISTANCE, GEOLOCATION, SERVICE, PHOTOGRAPH, ETC. DISPLAYED ON THIS WEBSITE. YOU SHOULD ALWAYS CARRY WITH YOU UP TO DATE MAPS WITH YOU FROM ESTABLISHED SUPPLIERS AND CONSULT THOSE PRIOR TO USING THE SERVICE OFFERERED THROUGH THIS WEBSITE. FX DEVELOPMENT IS NOT RESPONSIBLE FOR ANY CHARGES INCURRED BECAUSE OF THE USE OF THE SERVICE, INCLUDING BUT NOT LIMITED TO BANDWIDTH OVERAGE CHARGES. FURTHERMORE, FX DEVELOPMENT AND ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THIS WEBSITE FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING OF ANY PRODUCTS OR SERVICES ON THIS WEBSITE DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY FX DEVELOPMENT. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. FX DEVELOPMENT AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES AND CONDITIONS THAT THIS WEBSITE, ITS SERVERS OR ANY EMAIL SENT FX DEVELOPMENT AND/OR ITS SUPPLIERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FX DEVELOPMENT AND ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.

LOCATION DATA PROVIDED BY ANY SERVICES IS FOR BASIC NAVIGATIONAL PURPOSES ONLY AND IS NOT INTENDED TO BE RELIED UPON IN SITUATIONS WHERE PRECISE LOCATION INFORMATION IS NEEDED OR WHERE ERRONEOUS, INACCURATE OR INCOMPLETE LOCATION DATA MAY LEAD TO DEATH, PERSONAL INJURY, PROPERTY OR ENVIRONMENTAL DAMAGE. USE OF REAL TIME ROUTE GUIDANCE IS AT YOUR SOLE RISK. LOCATION DATA MAY NOT BE ACCURATE. NEITHER FX DEVELOPMENT NOR ANY OF ITS SUPPLIERS GUARANTEES THE AVAILABILITY, ACCURACY, COMPLETENESS, RELIABILITY, OR TIMELINESS OF OR LOCATION DATA DISPLAYED BY ANY SERVICES.

THE SUPPLIERS PROVIDING OTHER SERVICES OR INFORMATION ON THIS WEBSITE ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF FX DEVELOPMENT. FX DEVELOPMENT IS NOT LIABLE FOR ITS ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE, OR THOSE OF ANY SUCH SUPPLIERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM.

IN NO EVENT SHALL FX DEVELOPMENT OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THIS WEBSITE (INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE UPON OPINIONS APPEARING ON THIS WEB SITE; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED SITES, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEBSITE; OR OTHERWISE ARISING OUT OF THE ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE) WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF FX DEVELOPMENT OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

If, despite the limitation above, FX Development or their respective suppliers are found liable for any loss or damage which arises out of or in any way connected with any of the occurrences described above, then the liability of FX Development and/or its suppliers will in no event exceed, in the aggregate, the greater of (i) the subscription fee, if any, you paid to FX Development in connection with the services available on this Website, or (ii) One-Hundred Dollars (US$100.00) or the equivalent in local currency.

The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of the FX Development, and/or its suppliers.

Indemnification

You agree to defend and indemnify FX Development and/or its suppliers and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of: (i) your breach of the Terms or the documents referenced herein; (ii) your violation of any law or the rights of a third party; or (iii) your use of this Website.

Governing Law

This Website is operated by a U.S. entity and this Agreement is governed by the laws of the State of Washington, USA. You hereby consent to the exclusive jurisdiction and venue of courts in King County, Washington, USA, in all disputes arising out of or relating to the use of this Website. Use of this Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph.

Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of this Website or information provided to or gathered by us with respect to such use. To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of this Website within two (2) years from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived.

If any part of this Agreement is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired.

This Agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between you and FX Development with respect to this Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and FX Development with respect to this Website. A printed version of the Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Enforcement of Terms

If you fail to fulfill any of your obligations under these Terms, we may terminate your rights granted under these Terms and may pursue all available legal remedies to enforce these Terms. Should legal remedies be used to enforce these Terms, you agree to reimburse us for any and all legal and accommodation expenses arising from the dispute. You agree that our licensors referenced in myscenicdrives may enforce these Terms as it relates to their intellectual property.

Laws Governing Warranties and Liability

The law(s) of jurisdiction may define the scope of warranty to be provided for services or the manner in which the supplier’s liability may be limited and such law(s) shall govern these terms only to the extent of a party protected by such law(s) cannot waive the protection by contract. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, or allow the exclusion of implied warranties, therefore, some of the limitations and exclusions above may not apply to you or you may have other rights not explicitly mentioned herein.

Claims of Copyright Infringement

If you believe in good faith that materials hosted by us infringe your copyright, you (or your agent) may send us a written notice that includes the following information:

A clear identification of the copyrighted work you claim was infringed.
A clear identification of the material you claim is infringing the copyrighted work, and information that will allow us to locate that material on the Website, such as a link to the infringing material.
Your contact information so that we can reply to your complaint, preferably including an email address and telephone number.
A statement that you have a “good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law.”
A statement that “the information in the notification is accurate, and under penalty of perjury, the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
The notice must be signed by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Notices with respect to this Website should be sent by email to support@myscenicdrives.com or by mail to the following address:

FX Development, Inc.
4574 36th Ave W.
Seattle, WA 98199

We will review and address all notices that comply with the requirements above.

We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that you may be liable for damages if you make a false claim of copyright infringement.