Terms Of Service

Terms of Use
Last Modified:  December 18,2017

ACCEPTANCE OF TERMS OF USE
These Terms of Use are entered into by and between You and Next Act LLC, d/b/a/ In the Groove (“In the Groove”, “we” or “us”). These “Terms of Use”, govern your access to and use of www.getinthegroove.com, including any content, functionality, and Services (defined below) offered on or through www.getinthegroove.com (the “Site”), whether as a guest or a registered user.

 

Please read the Terms of Use carefully before you start to use the Site. By using the Site, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at www.getinthegroove.com  incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Site.

 

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.

 

CHANGES TO TERMS OF USE

In The Groove reserves the right, in its sole discretion, to revise and update these Terms of Use at any time, effective upon posting the revised or updated terms on the Site. You should visit this page from time-to-time to review the then-current terms. Your continued use of the Site and the Services following In The Groove’s posting of any changes will constitute your acceptance of such changes.

 

SERVICES

In The Groove’s services, which are available on the Site help you find and browse information related to lifestyle categories such as fashion, beauty, home, tech and others, and allow you to submit information to the Site, and enjoy a wide variety of other content for your own use and for viewing by other users (the “Services”). Your access to or use of these Services constitutes your acceptance of all the provisions of these Terms of Use. These Terms of Use apply to any user of the Site and Services, regardless of whether or not the user submits content for public display on the Site. The Site may also contain links to third party websites that are not owned or controlled by In The Groove. In The Groove has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. In The Groove will not censor or edit the content of any third-party websites. By using the Site, you expressly relieve In The Groove from any and all liability arising from your use of any third-party website.

 

USER INFORMATION

You may need to provide us with user information (primarily an email address) to use certain parts of the Site, such as submitting questions to us or to register for an account for to receive newsletters offered via the Site. If you provide us with such information, you are required to provide accurate and up to date information. You may not use a false name with the intent of impersonating another person. As detailed in the Privacy Policy, your private information will not be given to any third party without your consent. In The Groove reserves the right to cancel your account at its discretion.

 

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
  • you will comply with the Terms of Use and Privacy Policy.

 

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

We encourage you to submit to the Site a variety of content (“User Submissions”). You understand that whether or not such User Submissions are published, In The Groove does not guarantee any confidentiality with respect to any User Submissions. By providing any User Submission to the Site, you grant us our licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material in the manner contemplated by the Site and these Terms of Use.

 

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.
  • You have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Site and these Terms of Use.

 

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.

 

In The Groove does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and In The Groove expressly disclaims any and all liability in connection with User Submissions. In The Groove reserves the right to remove User Submissions without prior notice. In The Groove will also terminate a User’s access to the Site, if they are determined to be repeat offenders. In The Groove also reserves the right to decide whether User Submissions are appropriate and complies with these Terms of Use for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. In The Groove may remove such User Submissions and/or terminate a User’s access for uploading such material in violation of these Terms of Use at any time, without prior notice and at its sole discretion. You understand that when using the Site, you will be exposed to User Submissions from a variety of sources, and that In The Groove is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against In The Groove with respect thereto, and agree to indemnify and hold In The Groove, its owners/operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Site.

 

TERMINATION

In The Groove may, in its sole discretion, terminate these Terms of Use and your use or access to the Site immediately and without notice for any reason.

 

INTELLECTUAL PROPERTY RIGHTS

The Site and its entire contents, features and functionality, with the exception of User Submissions, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to In The Groove, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Site is provided to you AS IS for your information and personal, non-commercial use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. In The Groove reserves all rights not expressly granted in and to the Site and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Site for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Site or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Site or the Content therein. You retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to In The Groove, you hereby grant In The Groove a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Site and In The Groove’s (and its successor’s) business, including without limitation for promoting and redistributing part or all of the In The Groove Site (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Site a non-exclusive license to access your User Submissions through the Site, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Site and under these Terms of Use.

 

TRADEMARKS

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):

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. 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;
  3. 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;
  4. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
  5. 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
  6. 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, copyright@getinthegroove.com.  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 support@getinthegroove.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.

 

INDEMNIFICATION

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:

  • your violation of these Terms of Use or your use of the Site, including, but not limited to, your User Submissions, any use of the Site’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Site,
  • 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.

 

NO AGENCY

You and In The Groove are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by these Terms of Use.

 

NO ASSIGNMENT

You may not assign these Terms of Use or any of your rights hereunder to a third person without first obtaining our express written consent.

 

RULES FOR PROMOTIONS

Any sweepstakes, contests, raffles or other promotions (collectively, “Promotions”) made available through the Site may be governed by rules that are separate from this Agreement. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with this Agreement, the Promotion rules will apply.

 

GEOGRAPHIC RESTRICTIONS

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

All matters relating to the Site and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Site shall be instituted exclusively in the federal courts of the United States or the courts of the State of California [in each case located in the City and County of Los Angeles. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

 

LIMIT ON TIME TO FILE CLAIMS

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

 

WAIVER AND SEVERABILITY

No waiver of by In The Groove of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

 

SECTION HEADINGS

The section titles of these terms of service are for convenience only and have no legal or contractual effect.

 

ENTIRE AGREEMENT

The Terms of Use and/, our Privacy Policy and our Affiliate Disclosure and Editorial Policy constitute the sole and entire agreement between you and In The Groove with respect to the Site and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Site.

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