GrooveTime, Inc.

Terms of Use

Last Updated August 25, 2020

Welcome to GrooveTime, Inc. (“us”, “our”, “we” or “GrooveTime”). Your use of the GrooveTime website, mobile apps and services (collectively, the “Services”) is governed by these Terms of Use and the GrooveTime Privacy Policy. By accessing and using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use. If you do not accept these Terms of Use, you are not authorized to use the Services.

1. Registration

To use the Services, you must register and provide certain information about yourself. You agree to provide and maintain true, accurate, current and complete information about yourself (“Registration  Data”). You agree that GrooveTime may use your Registration Data to provide Services that you access or use and as otherwise set forth in these Terms of Use. If you provide any Registration Data that is inaccurate or not current, or GrooveTime has reasonable grounds to suspect that such Registration Data is inaccurate or not current, GrooveTime has the right to suspend or terminate your account and refuse current or future use of the Services.

2.  User Content

You own the information, data, text, software, sound, photographs, graphics, video, messages, posts, tags, or other materials you make available in connection with the Services (“User Content”). You grant GrooveTime a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display any User Content and any name, username or likeness that you post on or in connection with the Services. This license ends when you delete your User Content or your account.

You are solely responsible for User Content you submit and the consequences of our posting or publishing such User Content. In connection with any User Content you submit, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Content to enable inclusion and use of the User Content in the manner contemplated by the Services and these Terms of Use; and (ii) you have the express consent, release, and/or permission of each and every identifiable individual person in the User Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Content in the manner contemplated by the Services and these Terms of Use.

You understand that you, and not GrooveTime, are entirely responsible for all User Content that you make available through the Services. You agree that GooveTime is not responsible for, and does not endorse, User Content. Under no circumstances will GrooveTime be liable in any way for any User Content and you agree to bear all risks associated with the use of any User Content.

We do not proactively and routinely screen or monitor the User Content, although we reserve the right in our sole discretion to pre-screen, refuse to display or remove any User Content. You acknowledge and agree that you have no expectation of privacy concerning the transmission of your User Content, including without limitation chat, text, or voice communications. Without limiting the foregoing, GrooveTime shall have the right to remove any User Content that, as determined in GrooveTime’s sole discretion, violates these Terms of Use or is otherwise objectionable.

3.         Conduct

The Services are for your personal and noncommercial use. You agree not to use the Services, without GroveTime’s express written consent, for any commercial or unauthorized purpose, including communicating or facilitating any commercial advertisement or solicitation or spamming.  In addition to any other restrictions set forth in these Terms of Use, and without limiting those restrictions, when using the Services, you agree not to: (a) make unauthorized copies or derivative works of any content made available on or through the Services; (b) use any device, software, or routine to interfere or attempt to interfere with the proper working of the Services; (c) attempt to decipher, decompile, disassemble, or reverse engineer any of the software or source code comprising or making up the Services; frame or link to any of the materials or information available on the Services; (d) alter, deface, mutilate, or otherwise bypass any approved software through which the Services is made available, and (e) transmit data or information that is harmful to or interferes with the Services or any third party’s networks, equipment, applications, services or websites (e.g., viruses, worms, Trojan horses, etc.).

In addition, you are prohibited from publishing, transmitting, distributing or storing content, material, information or data that: (f) is illegal, obscene, defamatory, threatening, harassing, abusive, or hateful or that advocates violence; (g) infringes, dilutes, misappropriates or otherwise violates any privacy, intellectual property, publicity or other personal rights including, without limitation, copyrights, patents, trademarks, trade secrets or other proprietary information (including unauthorized use of domain names); (h) is fraudulent or contains false, deceptive or misleading statements, claims or representations (such as “phishing”), (i) collecting or harvesting any information relating to an identified or identifiable individual, including account names and information about users of the Services, or (j) violating any applicable federal, state, or local laws or regulations or the these Terms of Use.

4.  Copyright Infringement Complaints

If you are a copyright owner or an agent thereof and believe that any User Content or other Content 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):

(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(ii) 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;

(iii) 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;

(iv) Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address;

(v) 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

(vi) 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.

Our designated Copyright Agent to receive notifications of claimed infringement and other notices relating to User Content and/or violation of these Terms of Use (e.g., violations of criminal laws) is: Email: copyright@grooevtime.com. For clarity, only DMCA notices and notices relating to complaints in connection with User Content or violations of these Terms of Use should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be addressed to our standard support contacts as identified on the Services.

5.         Governing Law

Any dispute related to the Services shall be governed by, and construed and interpreted in accordance with, the laws of the State of California without regard to its conflict of laws principles and will specifically not be governed by the United Nations Conventions On Contracts For The International Sale Of Goods, if otherwise applicable.

6.         Dispute Resolution.

6.1. General. You agree that any dispute arising out of or in any way related to the Service , whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms of Use, will be resolved by binding arbitration. YOU UNDERSTAND AND AGREE THAT, BY ENTERING AGREEING TO THESE TERMS OF USE, YOU AND GROOVETIME ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. Except to the extent prohibited by applicable law, the parties agree that any claim or cause of action arising out of or related to use of the Services or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

6.2 . Exceptions. Notwithstanding Section 6.a above, nothing in these Terms of Use will be deemed to waive, preclude, or otherwise limit the right of either party to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in aid of arbitration from a court of competent jurisdiction; or (iv) to file suit in a court of law to address an intellectual property infringement claim.

6.3. Arbitrator. Any arbitration between you and GrooveTime will be governed by the Federal Arbitration Act and the Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms of Use, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.

6.4 . Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by electronic mail. (“Notice”). GroveTime’s address for Notice is: disputes@groovetime.com. The Notice must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought. The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice is received, you or GrooveTime may commence an arbitration proceeding.

6.5. No Class Actions. YOU AND GROOVETIME AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and GrooveTime agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

6.6. Modifications to this Arbitration Provision. Except as otherwise provided in these terms of Use, if GrooveTime makes any future change to this arbitration provision, then you may reject the change by sending us written notice within 30 days of the change to GrooveTime’s address for Notice, in which case this arbitration provision, as in effect immediately prior to the changes you rejected, will continue to govern any disputes between you and GrooveTime.

7.         Physical Activity Disclaimer.

You expressly agree that your athletic activities (including, but not limited to, dancing) carry certain inherent and significant risks of bodily injury or death and that you voluntarily assume all known and unknown risks associated with these activities even if caused in whole or part by the action, inaction or negligence of GrooveTime or by the action, inaction or negligence of others. We are not responsible in any way for any health problems or injuries, including, without limitation, incapacity or death, which may result from or be related to your use of or inability to use the Services.

8.         Limitation of Liability and Disclaimer of Warranties.

8.1. GROOVETIME, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE SERVICE AND ANY CONTENT AVAILABLE ON THE SERVICE. GROOVETIME WILL NOT BE SUBJECT TO LIABILITY FOR THE TRUTH, ACCURACY, OR COMPLETENESS OF ANY INFORMATION CONVEYED TO ANY USER, OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE. AS A USER, YOU AGREE THAT YOU USE THE SERVICE AND ANY CONTENT THEREON AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ALL CONTENT YOU UPLOAD TO THE SERVICE.

8.2. GROOVETIME DOES NOT WARRANT THAT THE SERVICE WILL OPERATE ERROR FREE, OR THAT THE SERVICE AND ANY CONTENT THEREON ARE FREE OF COMPUTER VIRUSES OR SIMILAR DESTRUCTIVE FEATURES. IF YOUR USE OF THE SERVICE OR ANY CONTENT THEREON RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THEN GROOVETIME WILL NOT BE RESPONSIBLE FOR THOSE COSTS.

8.3. THE SERVICES AND ALL CONTENT THEREON ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. ACCORDINGLY, GROOVETIME DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.

8.4. IN NO EVENT WILL GROOVETIME BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM, OR IN CONNECTION WITH, THE USE OR INABILITY TO USE THE SERVICE AND ANY CONTENT THEREON, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF GROOVETIME HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. GROOVETIME’S LIABILITY TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF THE FEES YOU HAVE PAID US AND U.S. $100.

9.         Modification

GrooveTime reserves the right to update the Terms of Use at any time and for any reason in its sole discretion. GrooveTime will notify you of any material changes to the Terms of Use. By continuing to access or use the Services after we have provided you with notice of a modification, you are agreeing to be bound by the modified Terms of Use. If the modified Terms of Use are not acceptable to you, your only recourse is to cease using the Services.

GrooveTime and its third party service providers may make improvements and/or changes in the Services, products, services, mobile applications, features, programs, and prices described at any time and for any reason in its sole discretion. The mobile application may download and install upgrades, updates and additional features in order to improve, enhance, and further develop the Services. GrooveTime reserves the right at any time to modify or discontinue, temporarily or permanently, the Services or any portion thereof with or without notice. You agree that GrooveTime shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.

10.       Termination

You agree that GrooveTime may, under certain circumstances and without prior notice, immediately terminate your account and/or access to the Services. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the Terms of Use or other incorporated agreements, policies or guidelines, (b) requests by law enforcement or other government agencies. Termination of your account may include removal of access to all offerings within the Services, deletion of your information, files and User Content associated with your account. Further, you agree that all terminations shall be made in GrooveTime’s sole discretion and that GrooveTime shall not be liable to you or any third party for any termination of your account or access to the Services. The following Sections shall survive termination of your account and/or the Terms: User Content (section 2), Governing Law (Section 5) and Dispute Resolution (Section 6), and Limitation of Liability and Disclaimer of Warranties (Section 8).