Introduction
Welcome to PartyScene. These Terms of Service (“Terms”) are a binding legal agreement between you and Scenes LLC (“PartyScene,” “we,” “us”) and govern your access to and use of PartyScene's mobile application, website, and services (collectively, the “Service”). By creating an account or using the Service, you agree to these Terms. If you do not agree, do not use the Service.
Please read these sections carefully. Section 3 explains that we are a platform and not an event organizer. Section 5 contains an assumption of risk for attending events. Sections 14 through 17 disclaim warranties, limit our liability, and require you to release and indemnify us. Section 18 requires most disputes to be resolved by individual arbitration and waives your right to a jury trial and to participate in a class action. Section 18.7 explains how to opt out of arbitration within 30 days.
1. Definitions
- “PartyScene” (“we,” “us,” or “our”): Scenes LLC, the company providing the Service
- “User” (“you” or “your”): Any person who accesses or uses the Service
- “Host”: A user who creates, lists, or manages an Event through the Service
- “Guest”: A user who attends or seeks to attend an Event
- “Event”: Any gathering, party, or occasion listed, promoted, or ticketed through the Service, wherever it takes place
- “Private Event”: An Event visible only to the Host's network
- “Public Event”: An Event visible to users based on location proximity
- “User Content”: Any content a user submits, posts, streams, or transmits through the Service
- “PartyScene Parties”: PartyScene and its parent, subsidiaries, affiliates, and their respective officers, directors, members, managers, employees, contractors, agents, licensors, suppliers, and assigns
2. Eligibility
2.1 Age Requirement
You must be at least 18 years old to use the Service. By using the Service you represent and warrant that you are 18 or older and that all information you provide is accurate. We may, but are not obligated to, verify age or identity at any time.
2.2 Account Requirements
- You must provide accurate personal information and keep it current
- One account per person; accounts are personal and non-transferable
- Hosts may be required to complete identity or payout verification through a third-party provider
- You are responsible for all activity that occurs under your account and for safeguarding your credentials
2.3 No Guarantee of Access
We may refuse, suspend, or terminate access to the Service, or remove any listing or content, at any time, for any reason or no reason, with or without notice, and without liability to you.
3. Our Role: A Platform, Not an Event Organizer
PartyScene provides software. We are not the organizer, promoter, host, producer, operator, sponsor, owner, occupier, or manager of any Event or venue, and we are not the seller of any ticket. Events are created, described, priced, staffed, and run entirely by Hosts. We do not attend, staff, supervise, inspect, secure, or control any Event or venue.
3.1 No Screening or Endorsement
We do not screen, investigate, background-check, interview, endorse, recommend, approve, or vouch for any User, Host, Guest, venue, or Event. We make no representation that any Event is safe, lawful, permitted, licensed, insured, adequately staffed, accurately described, or suitable for you, or that any User is who they claim to be or is of good character.
Where the Service offers identity verification, badges, ratings, reports, location signals, or automated content review, those are optional and imperfect product features. They can produce incorrect results and can be defeated. They are not screening, supervision, or a safety assurance, they are not an endorsement by us, and they must not be relied on as any of those things.
3.2 No Agency
No agency, partnership, joint venture, employment, franchise, or fiduciary relationship exists between you and PartyScene. Hosts and Guests deal with each other directly and at their own risk. We are not a party to, and assume no responsibility for, any agreement, arrangement, transaction, or interaction between Users.
3.3 No Duty Assumed
Nothing in these Terms, in our Privacy Policy, in any community guideline, in any product feature, or in any statement made by us creates a duty of care on our part with respect to any Event, venue, User, or any conduct occurring at or in connection with an Event. If we choose to act in any instance — for example by removing content, suspending an account, responding to a report, or providing information — doing so is voluntary, does not create a duty to act in that or any other instance, and does not make us responsible for the underlying conduct or its consequences.
4. Host Responsibilities
If you list or run an Event, you do so as an independent principal. You are solely responsible for the Event and for the following.
4.1 Legal Compliance
- Comply with all applicable local, state, and federal laws and regulations
- Obtain and maintain all necessary permits, licenses, and approvals, including any alcohol, food, entertainment, or assembly permits
- Comply with noise ordinances, gathering restrictions, occupancy and capacity limits, fire and building codes, and accessibility requirements
- Hold the legal right to use the venue for the Event
- Comply with all laws regarding the service of alcohol, including not serving anyone under the legal drinking age or visibly intoxicated
- Collect and remit all applicable taxes
4.2 Event Management and Safety
- Maintain accurate, complete, and non-misleading Event details, including location, timing, age restrictions, and any known hazards
- Provide a reasonably safe environment, including appropriate crowd management, staffing, security, and egress
- Manage entry, guest lists, and capacity responsibly
- Respond appropriately to incidents and comply with lawful directions of emergency services
- Obtain and maintain insurance appropriate to the Event
These are your obligations to your Guests and to third parties. We do not verify, monitor, inspect, or enforce compliance with any of them, and listing an Event on the Service does not mean we have reviewed it.
4.3 Financial Responsibilities
- Accurately describe pricing, fees, inclusions, and any refund policy
- Honor the terms on which you sold tickets or admission
- Pay all applicable taxes and maintain your own transaction records
4.4 Host Indemnity
Without limiting Section 17, if you are a Host you agree to defend, indemnify, and hold harmless the PartyScene Parties from and against any claim, demand, loss, liability, damage, fine, penalty, cost, or expense (including reasonable attorneys' fees) arising out of or relating to your Event, your venue, your compliance or non-compliance with law, or any injury, death, illness, or property damage occurring at or in connection with your Event.
5. Attending Events: Assumption of Risk
Events are real-world gatherings organized by other people. Attending them involves risks that we do not create, do not control, and cannot eliminate.
By using the Service to discover, RSVP to, purchase admission to, or attend any Event, you knowingly and voluntarily assume all risks arising from or related to that Event, whether known or unknown, foreseen or unforeseen. These risks include, without limitation:
- Bodily injury, illness, disability, emotional distress, or death
- The criminal, negligent, reckless, intoxicated, or otherwise wrongful acts of Hosts, other Guests, venue staff, or third parties, including assault, harassment, theft, and impairment or spiking of food or drink
- Unsafe, overcrowded, unpermitted, or non-compliant premises, structures, equipment, or exits
- Consumption of alcohol or other substances by you or others
- Events that are cancelled, relocated, rescheduled, oversold, ended early, or materially different from their listing
- Transportation to and from an Event
- Loss of or damage to property
- Weather, fire, medical emergencies, and other conditions outside anyone's control
You are solely responsible for evaluating whether to attend an Event, for your own conduct and safety, and for the precautions you take. You agree to comply with all rules of the Host and the venue and with all applicable laws.
You further agree that you are responsible for your own actions, including any damage you cause to a venue or to property, any injury you cause to another person, and any violation of law you commit.
6. Payment Terms
6.1 Payment Processing
- Payments are processed by Stripe. Your use of payment features is also subject to Stripe's terms.
- Standard processing fees, platform fees, and taxes apply as disclosed at the time of the transaction
- We are not a bank, money transmitter, escrow agent, or fiduciary, and we do not hold funds on your behalf except as expressly described in the Service
6.2 Refunds
Refunds are not available during the MVP phase and will be implemented once our escrow payment system is deployed; all payments are currently final. PartyScene reserves the right to withhold payouts for violations and provides a dispute resolution process for payment-related issues (contact support@partyscene.app).
Refund and cancellation obligations for an Event are the Host's, not ours. If an Event is cancelled, rescheduled, relocated, oversold, or differs from its description, your recourse is against the Host. We may, in our sole discretion and without obligation, assist in resolving a payment dispute, and doing so does not make us responsible for the outcome or for any Host's obligations.
6.3 Payout Withholding
We may, in our sole discretion, delay, withhold, reverse, or offset payouts where we believe in good faith that any of the following applies:
- Multiple or credible complaints relating to a Host or Event
- Violation of these Terms or of applicable law
- Suspected fraud, chargeback risk, or other suspicious activity
- Failed or incomplete identity or payout verification
7. Prohibited Activities
You will not, and will not permit anyone else to:
7.1 Events and Listings
- List or run any Event involving illegal activity
- Make any false, misleading, or incomplete statement about an Event, including its location, nature, risks, cost, or age restrictions
- List an Event you lack the legal right or required permits to hold
- Engage in unlawful discrimination
- Use the Service for unauthorized commercial purposes
7.2 User Conduct
- Harass, threaten, stalk, defame, impersonate, or abuse any person
- Engage in fraud, chargeback abuse, or unauthorized ticket reselling
- Send spam or unsolicited solicitations
- Falsify, spoof, or manipulate location data, identity, age, or verification status
- Scrape, reverse engineer, interfere with, overload, or circumvent any security or access control of the Service
- Use the Service to facilitate any activity that violates the law or these Terms
Listing these prohibitions does not obligate us to detect or prevent them. Enforcement is at our discretion under Section 9.
8. Child Safety and Protection Against Exploitation
This Child Safety and Protection policy applies to PartyScene, a mobile application operated by Scenes LLC. PartyScene is committed to providing a safe environment and maintaining the highest standards of child protection across our platform.
8.1 Zero Tolerance Policy
PartyScene maintains a zero-tolerance policy for child sexual exploitation and abuse (CSEA). Any content, behavior, or communication that exploits, sexualizes, endangers, or otherwise harms minors is strictly prohibited on PartyScene and will result in immediate account termination and reporting to appropriate authorities.
8.2 Age Requirement
- All users must be at least 18 years of age to use PartyScene
- PartyScene reserves the right to verify user age at any time
- Falsifying age information will result in immediate account termination
8.3 Prohibited Content and Behavior
PartyScene strictly prohibits the following:
- Any sexually explicit content involving minors
- Content that sexualizes, grooms, or exploits children
- Sharing, requesting, or distributing child sexual abuse material (CSAM)
- Attempting to contact minors for inappropriate purposes
- Sharing personal information of minors without consent
- Any behavior that facilitates child exploitation or abuse
8.4 Reporting
- Users can report suspected violations through the in-app reporting system
- Users are encouraged to report suspected CSEA content or behavior immediately
- For child safety concerns, contact our dedicated Child Safety team at: childsafety@partyscene.app
- This contact is monitored by personnel authorized to discuss PartyScene's enforcement procedures and take immediate action as required
8.5 Detection and Moderation
- PartyScene uses user reporting systems to identify prohibited content
- Reported content is reviewed by our moderation team
- Automated detection systems are currently being implemented to enhance our monitoring capabilities
8.6 Enforcement
- Confirmed violations result in immediate account termination from PartyScene
- Violations are reported to the National Center for Missing & Exploited Children (NCMEC) and law enforcement as required by law
- PartyScene cooperates fully with law enforcement investigations as legally required
- User data may be preserved and disclosed to authorities in accordance with applicable laws
9. Reporting, Moderation, and Enforcement
The Service includes tools that let users report content, accounts, or Events. We encourage you to use them.
Except where Section 8 or applicable law requires otherwise, we may, in our sole discretion and without obligation, review reports, investigate, remove or restrict content, suspend or terminate accounts, delist Events, or take any other action we consider appropriate. We do not undertake to review all content, to review any particular report, to respond within any timeframe, to reach any particular outcome, or to inform you of any action taken.
Reporting a matter to us is not a substitute for contacting emergency services or law enforcement. We are not an emergency service and cannot dispatch assistance. If you believe anyone is in danger, call 911 or your local emergency number immediately.
10. Livestream and Location Features
10.1 Location Disclosure
By using the livestream feature, you explicitly opt in to have your location displayed on a map that can be viewed by other users of the Service. This location information is visible while you are livestreaming and is used to help other users discover active Events in real time. Consider carefully whether you want your location visible before you stream.
10.2 Reporting and Removal
- Users can report livestreams through the in-app reporting system
- Livestreams are subject to the same content rules as all other content on the Service
- PartyScene may terminate any livestream at any time, in its sole discretion
- Repeated violations may result in loss of livestreaming privileges or account termination
10.3 No Monitoring
Livestreams are transmitted in real time and are not pre-screened. We do not monitor livestreams and cannot prevent the transmission of unlawful, harmful, or offensive content. Location features rely on device signals that may be inaccurate, delayed, unavailable, or deliberately falsified, and must not be relied on to establish that any person is or is not at any place.
11. Privacy and Data
Our collection and use of personal data is described in our Privacy Policy, which is incorporated into these Terms by reference. By using the Service you agree to the practices described there.
12. Intellectual Property
12.1 Your Content
You retain ownership of your User Content. You grant PartyScene a worldwide, non-exclusive, royalty-free, sublicensable, transferable license to host, store, reproduce, adapt, publish, publicly display, publicly perform, and distribute your User Content for the purposes of operating, providing, improving, and promoting the Service. This license ends when you delete the User Content, except for content others have shared or copies retained in backups or required by law.
You represent and warrant that you have all rights necessary to grant this license and that your User Content does not infringe or violate the rights of any third party.
12.2 Our Property
The Service, including its software, features, design, and the PartyScene name, logos, and trademarks, is owned by PartyScene and protected by intellectual property law. We grant you a limited, revocable, non-exclusive, non-transferable license to use the Service for its intended purpose. All rights not expressly granted are reserved.
12.3 Copyright Complaints
If you believe content on the Service infringes your copyright, send a notice with the information required by the Digital Millennium Copyright Act to support@partyscene.app. We may remove content and terminate repeat infringers.
13. Third-Party Services and Venues
The Service integrates with and links to third parties, including payment processors, mapping providers, identity verification providers, app stores, and venues and websites operated by Hosts. We do not control them and are not responsible for their acts, omissions, content, products, services, availability, or policies. Your dealings with them are solely between you and them.
14. Disclaimer of Warranties
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. To the fullest extent permitted by law, the PartyScene Parties disclaim all warranties, express, implied, statutory, or otherwise, including any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranties arising from course of dealing or usage of trade.
Without limiting the foregoing, we make no warranty and accept no responsibility that:
- The Service will be uninterrupted, timely, secure, accurate, or error-free
- Any Event, Host, venue, User, listing, price, description, or location shown on the Service is genuine, accurate, current, lawful, permitted, insured, safe, or suitable
- Any Event will take place, will take place as described, or will meet your expectations
- Any User is who they claim to be, is of any particular age, or is safe or trustworthy
- Content on the Service has been reviewed, screened, moderated, or approved
- Verification, badges, reports, ratings, location signals, or automated review will detect, prevent, or reduce any risk or harm
Some jurisdictions do not allow the exclusion of certain warranties, so some of the above may not apply to you. In that case, such warranties are limited to the minimum extent permitted by law.
15. Limitation of Liability
15.1 Exclusion of Certain Damages
TO THE FULLEST EXTENT PERMITTED BY LAW, THE PARTYSCENE PARTIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, arising out of or relating to these Terms or the Service, whether based in contract, tort (including negligence), strict liability, statute, or any other theory, and whether or not we have been advised of the possibility of such damages.
15.2 No Liability for Events or User Conduct
TO THE FULLEST EXTENT PERMITTED BY LAW, THE PARTYSCENE PARTIES WILL NOT BE LIABLE FOR ANY INJURY, ILLNESS, DEATH, EMOTIONAL DISTRESS, LOSS, OR PROPERTY DAMAGE ARISING OUT OF OR RELATING TO ANY EVENT, VENUE, OR THE ACTS OR OMISSIONS OF ANY USER, HOST, GUEST, VENUE, OR OTHER THIRD PARTY, including any criminal, intentional, negligent, reckless, or intoxicated conduct, whether occurring before, during, or after an Event, and whether or not the Event was listed, promoted, ticketed, recommended, or surfaced through the Service.
15.3 Cap on Liability
To the fullest extent permitted by law, the total aggregate liability of the PartyScene Parties for all claims arising out of or relating to these Terms or the Service will not exceed the greater of (a) the total amount of fees you actually paid to PartyScene in the six (6) months immediately preceding the event giving rise to the claim, or (b) one hundred U.S. dollars (US$100).
15.4 Basis of the Bargain
The disclaimers and limitations in Sections 14 and 15 are an essential basis of the agreement between you and PartyScene, allocate risk between us, and apply even if a limited remedy fails of its essential purpose.
15.5 Savings Clause
Some jurisdictions do not allow the exclusion or limitation of certain damages, including for death or personal injury caused by negligence, fraud, fraudulent misrepresentation, gross negligence, or willful misconduct. Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited. Where a limitation is not permitted, our liability is limited to the smallest extent permitted by applicable law, and the remainder of these Terms remains in effect.
16. Release of Claims
Disputes between users are between those users. To the fullest extent permitted by law, you release and forever discharge the PartyScene Parties from all claims, demands, damages, losses, and liabilities of every kind, known and unknown, arising out of or relating to any dispute, interaction, transaction, or incident between you and any other User, Host, Guest, venue, or third party, including anything that occurs at or in connection with an Event.
If you are a California resident, you waive California Civil Code § 1542, which reads: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” You waive any comparable provision of any other jurisdiction.
17. Indemnification
You agree to defend, indemnify, and hold harmless the PartyScene Parties from and against any claim, demand, action, proceeding, loss, liability, damage, fine, penalty, cost, or expense (including reasonable attorneys' fees and costs) arising out of or relating to:
- Your use or misuse of the Service
- Your User Content
- Any Event you host, organize, staff, promote, attend, or participate in
- Your breach of these Terms or of any applicable law
- Your violation of the rights of any third party
- Any injury, death, illness, or property damage you cause or contribute to
We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, at your expense, and you agree to cooperate with our defense. You will not settle any such matter without our prior written consent.
18. Dispute Resolution and Arbitration
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL.
18.1 Informal Resolution First
Before starting arbitration, you agree to first contact us at support@partyscene.app with a written description of the dispute and the relief you seek, and to attempt in good faith to resolve it informally for at least sixty (60) days. This step is a condition precedent to commencing arbitration.
18.2 Agreement to Arbitrate
If the dispute is not resolved informally, you and PartyScene agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, and not in court. The arbitrator, and not any court, has exclusive authority to resolve disputes about the interpretation, applicability, enforceability, or formation of this arbitration agreement, except that a court decides disputes about the scope or enforceability of Section 18.4.
18.3 Exceptions
- Either party may bring an individual claim in small claims court if it qualifies
- Either party may seek injunctive relief in court to protect intellectual property or to stop unauthorized access to the Service
- Nothing here prevents you from reporting a matter to a government agency
18.4 Class Action and Jury Trial Waiver
YOU AND PARTYSCENE EACH WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION. Claims may be brought only in an individual capacity. The arbitrator may award relief only in favor of the individual party seeking it and only to the extent necessary to provide relief on that party's individual claim. If this Section 18.4 is found unenforceable as to any claim, that claim will proceed in court and the remainder of Section 18 will continue to apply to all other claims.
18.5 Governing Law and Venue
These Terms and any dispute arising out of them are governed by the laws of the State of New Mexico, without regard to its conflict-of-laws rules, and by the Federal Arbitration Act as to Section 18. Any arbitration will take place in Bernalillo County, New Mexico, or by videoconference or on the documents at your election. For any matter not subject to arbitration, you and PartyScene submit to the exclusive jurisdiction of the state and federal courts located in Bernalillo County, New Mexico.
18.6 Time Limit on Claims
To the fullest extent permitted by law, any claim arising out of or relating to these Terms or the Service must be filed within one (1) year after the claim arose, or it is permanently barred.
18.7 Your Right to Opt Out
You may opt out of Sections 18.2 and 18.4 by emailing support@partyscene.app with the subject line “Arbitration Opt Out” and including your name and the email address on your account, within thirty (30) days of first accepting these Terms. Opting out will not affect any other part of these Terms or your use of the Service.
19. Termination
You may stop using the Service and delete your account at any time. We may suspend or terminate your account or access to the Service at any time, with or without cause and with or without notice, including where we believe you have violated these Terms or created risk or legal exposure for us or others.
On termination, your license to use the Service ends immediately. Termination does not entitle you to a refund, does not release you from amounts owed, and does not affect obligations to Guests for any Event you have already sold admission to. Data handling after termination is described in our Privacy Policy. Appeals may be sent to support@partyscene.app; we are not obligated to reinstate any account.
20. Modifications to the Service and Terms
We may modify, suspend, or discontinue the Service, or any feature of it, at any time and without liability to you.
We may revise these Terms at any time. The “Last updated” date above reflects the most recent revision. Where changes are material, we will provide notice through the Service or by email where required by law or where we otherwise consider it appropriate. Your continued use of the Service after a revision takes effect constitutes acceptance. If you do not agree, stop using the Service.
21. Emergencies
PartyScene is not an emergency service and provides no emergency, security, medical, evacuation, rescue, or safety-monitoring service of any kind. We do not monitor Events, do not maintain any emergency response capability, and cannot summon or coordinate assistance.
In an emergency, call 911 or your local emergency number immediately. Do not rely on the Service, on in-app reporting, on any check-in or location feature, or on contacting us to obtain help. Any optional safety-related tools offered in the app are provided as-is and as-available, are not monitored by us, may be unavailable or inaccurate, and must not be relied on in any situation involving risk to any person.
Hosts are responsible for emergency planning at their own Events, including egress, incident response, and cooperation with emergency services.
22. General
22.1 Survival
Sections 3, 5, 12, 13, 14, 15, 16, 17, 18, and 22, and any other provision that by its nature should survive, survive termination of these Terms or of your account.
22.2 Severability
If any provision of these Terms is held invalid or unenforceable, that provision will be limited or severed to the minimum extent necessary, and the remaining provisions remain in full force and effect.
22.3 No Waiver
Our failure to enforce any provision is not a waiver of it. No waiver is effective unless in writing and signed by us.
22.4 Assignment
You may not assign or transfer these Terms without our prior written consent. We may assign them freely, including in connection with a merger, acquisition, financing, or sale of assets.
22.5 Force Majeure
We are not liable for any failure or delay caused by circumstances beyond our reasonable control, including acts of God, natural disaster, fire, epidemic, war, civil unrest, labor action, government action, utility or network failure, or the acts of third parties.
22.6 Entire Agreement
These Terms, together with our Privacy Policy and any additional terms presented in the Service, are the entire agreement between you and PartyScene regarding the Service and supersede all prior understandings. In the event of a conflict between these Terms and the Privacy Policy regarding data handling, the Privacy Policy controls; in all other respects these Terms control.
22.7 Notices
We may provide notices to you through the Service or to the email address on your account. You may send notices to us at the address in Section 23.
23. Contact Information
For legal notices:
Scenes LLC
1209 Mountain Rd Pl NE, Ste N
Albuquerque, NM 87110 USA
support@partyscene.app