Last Modified: December 18,2017
This Site is offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. By using this Site, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.
RIGHTS TO USE
Subject to your compliance with all terms and conditions herein, In The Groove hereby grants you permission to use the Site and Services, provided that
- your use of the Site as permitted is solely for personal, non-commercial use,
- you will not copy or distribute any part of the Site without In The Groove’s written permission,
- you will not alter or modify any parts of the Site, and
RESTRICTIONS ON RIGHTS TO USE
You are authorized to use the Site and Services solely for your own lawful use and purposes, and you agree not to act on behalf of a third-party or to allow a third-party to have access to your password in order to use the Site or Services. You are solely responsible for any and all activity that occurs on your account and you must keep your password secure. Furthermore, you shall not:
- create user accounts by automated means or under false or fraudulent pretenses;
- create or transmit unwanted electronic communications such as “junk mail” or “spam” to other users of the Site or otherwise interfere with other user’s or member’s enjoyment of the Site and/or Services;
- modify, translate or reverse engineer any portion of the Site or Services;
- launch any “robot,” “spider,” “offline reader,” or automated system that monitors or copies the Site;
- access the Site in a manner that that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site;
- use any device, software or routine that interferes with the proper working of the Site and/or Services.
- collect or harvest any personally identifiable information, including member names and User IDs, from the Site, nor to use the communication systems provided by the Site for any commercial solicitation purposes;
- solicit, for commercial purposes, any users of the Site with respect to their User Submissions (as defined below);
- remove any copyright, trademark or other proprietary rights notices contained in or on the Site;
- transmit any viruses, worms, defects, Trojan horses or other items of a destructive nature;
- use the Site or Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene;
- copy or store any content offered on the Site for other than your own use; nor
- use the Site in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
USER CONTRIBUTIONS AND STANDARDS
You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that:
- You own or control all rights in and to the User Submissions and have the right to grant the license granted above to us our licensees, successors and assigns.
In connection with User Submissions, you further agree that you will not:
- Infringe any patent, trademark, trade secret, copyright or other intellectual or other right (including rights of publicity or privacy) of any third party;
- publish falsehoods or misrepresentations that could damage In The Groove or any third party;
- submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
- submit material that is likely to cause annoyance, inconvenience or needless anxiety or is likely to upset, embarrass, alarm or annoy any other person;
- impersonate any person, or misrepresent your identity or affiliation with any person or organization;
- submit material that involves commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising or that gives the impression that it emanates from or is endorsed by us or any other person or entity, if this is not the case.
INTELLECTUAL PROPERTY RIGHTS
In The Groove and GETINTHEGROOVE.COM are trade or service marks of In The Groove. Use of the Site does not create any express or implied right to use such trade or service marks, and such trade or service marks may not be used in connection with any product or service that is not properly authorized by In The Groove, in any manner that is likely to cause confusion or in any manner that disparages or discredits In The Groove. The use of any name, trademark, tradename, service mark, logo, symbol or other proprietary designation or marking of or belonging to any third party making products or services available on the Site should not be construed as an endorsement or sponsorship of the Site by any such third party, or as the participation by any such third party in the offering of goods or information through the Site.
COPYRIGHT INFRINGEMENT POLICY
In The Groove does not permit copyright infringing activities and infringement of intellectual property rights on its Site, and In The Groove will remove any Content or User Submissions if properly notified that such Content or User Submission infringes on another’s intellectual property rights. If you are a copyright owner or an agent thereof and believe that any Content or User Submission on the Site infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
In The Groove’s designated Copyright Agent to receive notifications of claimed infringement is: Attention: Copyright Agent, Next Level LLC, 1262 Sunset Plaza Drive, Los Angeles, CA 90069, (310) 651-2700, firstname.lastname@example.org. For clarity, only DMCA notices should go to the Copyright Agent. Any other feedback, comments, requests for technical support, and other communications should be directed to In The Groove customer service through email@example.com. You acknowledge that if you fail to comply with all of the requirements of this Copyright Infringement Policy, your DMCA notice may not be valid. It is In The Groove’s policy to block access to or remove any material that it believes in good faith to be copyrighted material that has been illegally copied and distributed on the Site, and to remove repeat offenders from the Site and to deny them access to the Services.
DISCLAIMER OF WARRANTIES
YOUR USE OF THE SITE ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. IN THE GROOVE’S SITE AND SERVICES AND ALL PRODUCTS AND SERVICES AVAILABLE THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. IN THE GROOVE MAKES NO OTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION: IN THE GROOVE MAKES NO WARRANTIES, AND EXPRESSLY DISCLAIMS, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT; IN THE GROOVE MAKES NO WARRANTIES THAT THE SITE OR THE SERVICES AVAILABLE THROUGH THE SITE, WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, OPERATE WITHOUT ERROR OR BE FREE OF SOFTWARE ERRORS OR COMPUTER VIRUSES, NOR DOES IN THE GROOVE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR SERVICE; IN THE GROOVE DOES NOT WARRANT THAT THE PRODUCTS, SERVICES, DESCRIPTIONS, INFORMATION OR MATERIAL INCLUDED ON THE SITE WILL BE AS REPRESENTED BY THIRD-PARTY PROVIDERS, WILL BE FREE OF DEFECTS OR LAWFUL TO SELL, OR WILL BE SATISFACTORY TO YOU, OR THAT THIRD-PARTY PROVIDERS WILL PERFORM AS PROMISED; IN THE GROOVE EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; AND IN THE GROOVE EXPRESSLY DISCLAIMS ANY OBLIGATION, LIABILITY OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM ANY NEGLIGENCE OF IN THE GROOVE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
LIMITATION OF LIABILITY
IN NO EVENT WILL IN THE GROOVE, 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 OR ANY SERVICES OR ITEMS OBTAINED THROUGH 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 WHICH 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, harmless from and against any loss, cost, claim, damages, liability and expense, including reasonable attorneys’ fees, and further including any injuries to third parties arising out of or relating to:
- any wrongdoing, willful misconduct or negligence on your part with respect to your use of the Site or Services, and
- your violation of applicable federal or state laws or regulations.
RULES FOR PROMOTIONS
In The Groove is based 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.
GOVERNING LAW AND JURISDICTION
LIMIT ON TIME TO FILE CLAIMS
WAIVER AND SEVERABILITY
The section titles of these terms of service are for convenience only and have no legal or contractual effect.