PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING OR USING THIS WEB SITE OR THE GROOVR SERVICE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS, POLICIES AND GUIDELINES INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEB SITE OR THE GROOVR SERVICE.
These terms and conditions of use ("Terms of Use of Use") apply exclusively to your access to, and use of, the Web site of Groovr, Inc. ("Groovr"), located at www.groovr.com (the "Site") and the services provided thereon by Groovr and accessed through the Site and your mobile device (the "Groovr Service"). These Terms of Use do not alter in any way the terms or conditions of any other agreement you may have with Groovr, or its subsidiaries or affiliates, for products, services or otherwise. Groovr reserves the right to change or modify any of the terms and conditions contained in the Terms of Use or any policy or guideline of the Site, at any time and in its sole discretion. Any changes or modification will be effective immediately upon posting of the revisions on the Site. Your continued use of this Site following the posting of its changes or modifications will constitute your acceptance of such changes or modifications. Therefore, you should frequently review the Terms of Use and applicable policies from time-to-time to understand the terms and conditions that apply to your use of the Site. If you do not agree to the amended terms, you must stop using the Site.
1. Eligibility
This Site and the Groovr Service are intended solely for users who are 13 years of age or older, and any use of or access to the Site or the Groovr Service by anyone under 13 is unauthorized, unlicensed and in violation of these Terms of Use. By using the Groovr Service or the Site, you represent and warrant that you are thirteen or older and that you agree to and to abide by all of the terms and conditions of this Agreement. Groovr may terminate your account, delete your profile and any content or information that you have posted on the Site and/or prohibit you from using or accessing the Groovr Service or the Site for any reason, or no reason, at any time in its sole discretion, with or without notice, including without limitation if it believes that you are under 13.
2. Mobile Services
The Groovr Service requires the use of a mobile phone, including the ability to send, receive and reply to Groovr messages using text messaging. Groovr does not charge for any of these messages. However, your carrier's normal, messaging, data and other rates and fees will still apply. You should check with your carrier to find out what plans are available and how much they cost. By using the Groovr Service, you agree that we may communicate with you regarding Groovr, the Groovr Service and our partners by SMS, text message, email or other electronic means to your mobile device or email address, including without limitation providing promotional offers and information. In addition, you understand and agree that if the Groovr Services include any location-based services, your location may be shared with Groovr and its users.
3. Privacy Policy
Your privacy is important to us. Please refer to our Privacy Policy for information on how Groovr collects, uses and discloses personally identifiable information from its users.
4. Copyright and Limited License
Unless otherwise indicated in the Site, the Site and all content and other materials on the Site, including, without limitation, the Groovr logo, and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the "Site Materials") are the proprietary property of Groovr or its licensors or users and are protected by U.S. and international copyright laws. You are granted a limited, non-sublicensable license to access and use the Site for your informational, non-commercial and personal use only Such license is subject to these Terms of Use and does not include: (a) any resale or commercial use of the Site or the Site Materials therein; (b) the distribution, public performance or public display of any Site Materials except in connection with your noncommercial use of the Site and the Groovr Service, (d) modifying or otherwise making any derivative uses of the Site and the Site Materials, or any portion thereof; (e) use of any data mining, robots or similar data gathering or extraction methods; (f) downloading (other than the page caching) of any portion of the Site, the Site Materials or any information contained therein, except as expressly permitted on the Site; or (g) any use of the Site or the Site Materials other than for its intended purpose. Any use of the Site or the Site Materials other than as specifically authorized herein, without the prior written permission of Groovr, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.
5. Repeat Infringer Policy
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, Groovr has adopted a policy of terminating, in appropriate circumstances and at Groovr's sole discretion, subscribers or account holders who are deemed to be repeat infringers. Groovr may also at its sole discretion limit access to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
6. Copyright Complaints
If you believe that anything on the Site infringes upon any copyright which you own or control, you may file a notification of such infringement with our Designated Agent as set forth below.
We may give notice of a claim of copyright infringement to our users by means of a general notice on the Site, electronic mail to a user's email address in our records, or by written communication sent by first-class mail to a user's address in our records.
7. Trademarks
GROOVR, GET YOUR GROOVR ON!, the Groovr logo and any other product or service name or slogan contained in the Site are trademarks of Groovr and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Groovr or the applicable trademark holder. You may not use any metatags or any other "hidden text" utilizing "Groovr" or any other name, trademark or product or service name of Groovr without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Groovr and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
8. Hyperlinks
You are granted a limited, non-exclusive right to create a text hyperlink to the Site for noncommercial purposes, provided such link does not portray Groovr or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner. This limited right may be revoked at any time. You may not use a Groovr logo or other proprietary graphic of Groovr to link to this Site without the express written permission of Groovr. Groovr makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party Web sites accessible by hyperlink from the Site, or Web sites linking to the Site. Groovr provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by Groovr of any site or any information contained therein. When you leave the Site, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.
9. Third Party Content
Groovr permits third parties to post content to the Site and may provide links to Web pages and content of third parties (collectively the "Third Party Content") as a service to those interested in this information. Groovr does not monitor or have any control over any Third Party Content or third party Web sites. Groovr does not represent or warrant the accuracy of any information contained therein and undertakes no responsibility to update or review any Third Party Content. Users use these links and Third Party Content contained therein at their own risk.
10. Advertisements and Promotions
Groovr may run advertisements and promotions from third parties on the Site or may send you promotional offers or messages from third parties through the Groovr Service. Your business dealings or correspondence with, or participation in promotions of, advertisers other than Groovr, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. Groovr is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non-Groovr advertisers or offers on the Site or through the Groovr Service.
11. Submissions
You acknowledge and agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, regarding the Site, Groovr or Groovr's products or services that are provided by you in the form of email or other submissions to Groovr are non-confidential and shall become the sole property of Groovr. Groovr shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
12. User Conduct
You are solely responsible for your use of the Site and the Groovr Service and any activities that occur under your account. Therefore, you should not share your password with anyone. You agree not to use the Site or the Groovr Service for any illegal, unlawful or unauthorized purpose or activity. You further agree not to threaten, abuse, solicit, spam, harass, impersonate or intimidate other Groovr users.
You agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Site any of the following:
- A. Any message, posting, data, information, text, music, sound, photos, graphics, code or other material ("Content") that is unlawful, libelous, defamatory, obscene, pornographic, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, or fraudulent;
- B. Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
- C. Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any Content, you represent and warrant that you have the lawful right to distribute and reproduce such Content;
- D. Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
- E. Unsolicited promotions, political campaigning, advertising or solicitations;
- F. Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
- G. Viruses, corrupted data or other harmful, disruptive or destructive files; and
- H. Content that restricts or inhibits any other person from using the Site or the Groovr Service, or which may expose Groovr or its users to any harm or liability of any type.
Groovr takes no responsibility and assumes no liability for any user conduct or any Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Groovr liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. YOUR USE OF THE SITE AND THE GROOVR SERVICE IS AT YOUR OWN RISK. GROOVR IS NOT LIABLE FOR ANY STATEMENTS, REPRESENTATIONS OR CONTENT PROVIDED BY ITS USERS ON THE SITE OR THE CONDUCT OF ITS USERS. Although Groovr has no control over your postings and has no obligation to screen, edit or monitor any of the Content posted on the Site, Groovr reserves the right, and has absolute discretion, to delete, edit or refuse to post any Content posted or stored on the Site at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing any Content you post or store on the Site at your sole cost and expense.. Any use of the Site in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Site. In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect Groovr's systems and customers, or to ensure the integrity and operation of Groovr's business and systems, Groovr may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information, user contact info, check-ins, IP addressing and traffic information, usage history, and posted Content. Groovr's right to disclose any such information shall govern over any terms of Groovr's Privacy Policy.
If you post Content to the Site, unless we indicate otherwise, you grant Groovr and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content throughout the world in any media. You grant Groovr and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that (a) you own and control all of the rights to the Content that you post or you otherwise have the right to post such Content to the Site; (b) the Content is accurate and not misleading; and (c) use and posting of the Content you supply does not violate these Terms of Use and will not violate any rights of or cause injury to any person or entity.
13. Registration Data; Account Security
In consideration of your use of the Site and the Groovr Service, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to Groovr, to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to Groovr.
14. Indemnification
You agree to defend, indemnify and hold harmless Groovr, its independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to your conduct in connection with the Site and the Groovr Service or any Content you post, store or otherwise transmit on or through the Site or the Groovr Service or your use of or inability to use the Site or the Groovr Service, including without limitation any actual or threatened suit, demand or claim made against Groovr and/or its independent contractors, service providers, employees, directors or consultants, arising out of or relating to the Content, your conduct, your violation of these Terms of Use or your violation of the rights of any third party.
15. Disclaimer
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY GROOVR, THE SITE, THE SITE MATERIALS CONTAINED THEREIN AND THE GROOVR SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. GROOVR DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE INFORMATION, CONTENT AND MATERIALS IN THE SITE. GROOVR DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THE SITE OR THE GROOVR SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. GROOVR DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER GROOVR USERS. GROOVR IS NOT RESPONSIBLE FOR THE ACTIONS OF ANY THIRD PARTIES WHO MAY ACCESS THE SITE OR USE THE GROOVR SERVICE, AND YOUR USE OF THE SITE AND THE GROOVR SERVICE IS AT YOUR OWN RISK. GROOVR CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVER(S) OR ANY MATERIALS THAT YOU MAY DOWN LOAD FROM THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.
Groovr reserves the right to change or discontinue any and all content contained in the Site and the Groovr Service at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Groovr. The Site and the Groovr Service may be temporarily unavailable from time to time for maintenance or other reasons. Groovr assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user communications. Groovr is not responsible for any problems or technical malfunction of any telephone network or lines, mobile devices, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Site or combination thereof, including injury or damage to users or to any other person's computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Groovr Service. UNDER NO CIRCUMSTANCES WILL GROOVR BE RESPONSIBLE FOR ANY HARM, LOSS, INJURY, OR DAMAGE OF ANY KIND RESULTING FROM ANYONE'S USE OF THE SITE OR THE GROOVR SERVICE OR ANY INTERACTIONS BETWEEN USERS OF THE SITE OR THE GROOVR SERVICE, WHETHER ONLINE OR OFFLINE.
16. Limitation of Liability
IN NO EVENT SHALL GROOVR, ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, THE GROOVR SERVICE, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CASED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM GROOVR, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO GROOVR'S RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF GROOVR, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO GROOVR FOR ACCESS TO OR USE OF THE SITE OR THE GROOVR SERVICE.
17. Applicable Law and Venue
These Terms of Use and your use of the Site shall be governed by and construed in accordance with the laws of the State of California, applicable to agreements made and to be entirely performed within the State of California, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms of Use shall be filed only in the state and federal courts located in Los Angeles County, California and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms of Use.
18. Termination
Notwithstanding any of these Terms of Use, Groovr reserves the right, without notice and in its sole discretion, to terminate your account and your license to use the Site, and to block or prevent future your access to and use of the Site and the Groovr Service.
19. Severability
If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.
20. Questions & Contact Information
Questions or comments about the Site may be directed to Groovr at the email address inquire <at> groovr.com or by calling us at (949) 232-4443.