The "Groove All Night Service" means the features, services and properties that Groove All Night makes available through (a) www.grooveallnight.com or any other Groove All Night-branded or co-branded website (including, without limitation, any and all sub-domains and all international, mobile versions and successors thereof), (b) the Groove All Night Platform and (c) other media, devices or networks now existing or later developed.
You may not use the Groove All Night Service if you are under 13. If you are between the ages of 13 and 17, we strongly suggest that you seek parental consent to use the Groove All Night Service. If you are required to register as a sex offender in any jurisdiction, you may not use the Groove All Night Service.
In order to access certain features of the Site and Groove All Night Service, and to post any content on the Site or via the Groove All Night Service you will have to create a Groove All Night account and become a “Member.”
When you register to become a Member and use the Groove All Night Service, you will be asked to provide information about yourself (“Personal Data”). When you register, you warrant that all information provided to Groove All Night will be true, accurate, current and complete. In addition, you are responsible for keeping your Personal Data accurate and current, paying special care to keep your email address up to date as email will be the primary form of communication between Groove All Night and each Member. The security of your account is also your responsibility meaning that you must keep your password and other personally identifying information private. If you think your account might not be secure, please let us know immediately. You further agree to not use the account, username, or password of another Member at any time or to disclose your password to any third party.
Groove All Night’s Materials
Groove All Night makes certain content available through the Site. “Groove All Night Materials” mean all materials originated by Groove All Night and otherwise made available through the Site and Groove All Night Service, including, without limitation, the Groove All Night logo, and all designs, text, data, graphics, other files, and the selection and arrangement thereof, excluding User Content. Groove All Night and its licensors own all right, title and interest, including all worldwide intellectual property rights in the Site, Groove All Night Materials, and the trademarks, service marks and logos contained therein other than your User Content. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Groove All Night Materials, User Content or related products and services and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Site, Groove All Night Materials, User Content (other than your own User Content).
General. You agree that any User Content you upload, post, email, transmit or otherwise make available via the Groove All Night Service is non-confidential. You may not Post User Content on the Groove All Night Service that you did not create or that you do not have permission to Post. You represent and warrant that you own or have the necessary licenses, rights, consents and permissions to the material you upload, post, email, transmit or otherwise make available via the Groove All Night Service. Groove All Night does not claim ownership rights to your User Content.
Limitations. Groove All Night retains the right, but not the obligation, to monitor and edit or remove any User Content that it deems in its sole discretion to be harmful to Groove All Night Users, Groove All Night, the rights of any third party or that violates any applicable law. This includes the right, but not the obligation, to immediately, temporarily or permanently, remove any User Content (including, without limitation, any text or images) uploaded by you that Groove All Night deems in its sole judgment to be inappropriate or which it believes may subject it to any liability, including without limitation the following:
“User Content” that violates the law or anyone's rights, including intellectual property ("IP") rights or other proprietary rights (including privacy);
The Contact Information or private information of any third party;
Fictitious, misleading or deceptive information;
Any material (software or otherwise) which contains viruses or code designed to interrupt, destroy, or limit the functionality of any computer or telecommunications equipment;
Photographs, pictures, images, text or other materials submitted by Members that are protected by trademark, copyright, right of publicity or other proprietary right, without the express permission of the owner of those rights;
Partially or fully nude images of anyone, at any age, of any gender, including sexually suggestive images or words;
Profanity or offensive comments including, but not limited to, expressions of racism, bigotry or hatred, or that are abusive, slanderous, promote self-harm, or offensive;
Any illegal material such as expressions of abuse, offensive language and imagery, obscenity or pornography, including, but not limited to, child abuse, child pornography, depictions of minors engaged in sexual conduct or explicitly sexual situations, or any other material that could give rise to any civil or criminal liability under, or otherwise violate, any applicable law.
Groove All Night does not guarantee that it will pre-screen, review, edit or approve any User Content. Groove All Night may, in its sole discretion, remove or disable access to any User Content.
"User Content" means any photos, text, links, audio, video, designs and anything else that you Post on or through the Groove All Night Service. "Post" means to upload, transmit, share, store, link to or otherwise make available on or through the Groove All Night Service.
Ownership. Groove All Night does not assert any ownership over your User Content; rather, as between us and you, subject to the rights granted to us in these Terms, you retain full ownership of all of your User Content and any intellectual property rights or other proprietary rights associated with your User Content. However, when you post User Content to the Site, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the Site.
You acknowledge and agree that Groove All Night may, at its option, establish limits concerning User Content, including without limitation the maximum number of days that User Content will remain on the Site, the maximum size of any files that may be stored on or uploaded to the Site, and the maximum disk space that will be allotted to you for the storage of User Content on Groove All Night’s servers. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Site or provide to the Company. In addition, you may remove your User Content from the Site at any time.
Disclaimer. Groove All Night has no ability to control the User Content that is uploaded, posted or otherwise transmitted using the Site or Groove All Night Service and does not have any obligation to monitor such User Content for any purpose and, as a result, is not responsible for the accuracy, completeness, appropriateness, legality or applicability of the User Content or anything said, depicted or written by Members, including, without limitation, any information obtained by using the Site. Groove All Night does not endorse any User Content or any opinion, recommendation, or advice expressed therein and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Groove All Night with respect thereto.
We prohibit users from Posting User Content that violates another party's IP rights. We will expediently remove or disable access to the allegedly infringing User Content upon receipt of a verified claim of IP infringement and will terminate the accounts of repeat infringers. If you believe that User Content on the Groove All Night Service infringes on your IP rights, please contact us. All claims, including any copyright claims, will be handled in accordance with the Digital Millennium Copyright Act. If you are a user whose User Content was removed due to alleged copyright infringement and you believe the removal was a mistake, please contact us.
You are granted a limited, non-exclusive right to create a hyperlink to the Site provided such link does not portray Groove All Night or any of its services in a false, misleading, derogatory or otherwise defamatory manner. This limited right may be revoked at any time. You may not use, frame or utilize framing techniques to enclose any Groove All Night trademark, logo or other proprietary information, including the images found at the Site, the content of any text or the layout/design of any page or form contained on a page without Groove All Night’s express written consent. Further, you may not use any meta tags or any other “hidden text” utilizing a Groove All Night name, trademark or product name without Groove All Night’s express written consent.
Third Party Links
Groove All Night may provide links to Web pages and content of third parties (“Third Party Content”) as a service to those interested in this information. Groove All Night does not monitor, nor does it have any control over, any Third Party Content. Groove All Night does not endorse or adopt any Third Party Content and makes no guarantees as to its accuracy or completeness. When leaving the Site, you should be aware that Groove All Night’s terms and conditions no longer govern, and, therefore, you should review the applicable terms and policies, including privacy and data gathering practices, of that site. Users use these links and Third Party Content contained therein at their own risk.
You acknowledge that any questions, comments, suggestions, ideas, feedback or any other communication that you provide to or have with Groove All Night ("Feedback"), are non-confidential and non-proprietary. Groove All Night will be entitled to the unrestricted use of any Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You agree to hold Groove All Night harmless for the User Content or actions of third parties (including other Users with whom you communicate) on or relating to the Groove All Night Service. This includes transactions conducted on the Groove All Night Service as well as the collection, handling and sharing of Personal Data and Contact Information that you provide to third parties.
If you have a dispute with a third party relating to the Groove All Night Service, you release Groove All Night and its directors, officers, employees and agents (hereinafter, the "Groove All Night Organization ") from any claims and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute. If you are a California resident, you agree to waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
You agree to abide by all applicable local, state, national and foreign laws, treatises and regulations in connection with your use of the Site and Groove All Night Service. By using or accessing the Groove All Night Service, you represent, without limitation, that you will not do any of the following while using or accessing the Site or Groove All Night Service:
Take any action that could disable, overload, hinder or damage the Groove All Night Service including uploading, streaming, emailing, or otherwise transmitting any User Contents that contain software viruses or any other computer code, files, or programs designed to (i) interrupt, destroy or limit the functionality of any computer software; or (ii) interfere with the access of any user, host or network, including without limitation sending a virus, overloading, flooding, spamming or mail-bombing the Site;
Employ any robot, spider, scraper or other automated process to access the content of the Groove All Night Service;
Attempt to probe, scan or test the vulnerability of any Groove All Night system or network or breach or impair or circumvent any
security or authentication measures protecting the Site or Groove All Night Service;
Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site or Groove All Night Service;
Upload, stream, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
Harvest, collect or use addresses, phone numbers or email addresses or other contact information (collectively "Contact Information") of users of the Groove All Night Service without consent from such users;
Solicit personal, private information (including social security numbers, credit card numbers and passwords) from users of the Groove All Night Service;
Submit false personal information in your profile, create more than one profile, transfer your profile, or create a page without authorization on the Groove All Night Service;
Offer any contest, sweepstakes, coupon or other promotion through the Groove All Night Service without our prior written consent;
Upload, stream, email, or otherwise transmit, via the Site or Groove All Night Service, any User Contents that are unlawful, obscene, harmful, threatening, harassing, defamatory or hateful or that contain objects or symbols of hate, invade the privacy of any third party, contain nudity (including without limitation any pornography, erotica, child pornography or child erotica), are deceptive, threatening, abusive, inciting of unlawful action, defamatory, libelous, vulgar or violent or constitute hate speech or are otherwise objectionable in the opinion of Groove All Night;
Forge any TCP/IP packet header or any part of the header information in any posting or in any way use the Site or Groove All Night Service to send altered, deceptive or false source-identifying information;
Expose Groove All Night or Groove All Night Service users to harm or liability with any action or behavior that is illegal, infringing, deceptive or malicious
Use any meta tags or other hidden text or metadata utilizing a Groove All Night name, trademark, URL or product name;
Support, promote or facilitate any of the above.
By Member: You may terminate your Groove All Night account at any time for any reason by sending us an e-mail to info [at] Groove All Night [dot] com. After receipt of your termination notice, Groove All Night will terminate your account.
MODIFICATION OF TERMS
You agree to indemnify and hold Groove All Night, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Groove All Night Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth in this Agreement and/or if any Content that you post on or through the Groove All Night Service causes Groove All Night to be liable to another.
DISCLAIMER OF WARRANTIES
You expressly understand and agree that:
A. Your use of the Groove All Night Service, Site, Groove All Night materials and User Content is at your sole risk. The Groove All Night Service, Site, Groove All Night Materials and User Content and all materials, information, products and services included therein, are provided on an "as is" and "as available" basis. Groove All Night expressly disclaims all warranties of any kind, whether express or implied, relating to the Groove All Night Service, Site, Groove All Night Materials and User Content, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
B. Groove All Night makes no warranty that (1) the site or Groove All Night Service will meet your requirements, (2) the site and Groove All Night Service will be uninterrupted, timely, secure, or error-free, (3) the results that may be obtained from the use of the Site or Groove All Night Service will be accurate or reliable, (4) the quality of any products, services, information, or other material purchased or obtained by you through the Site and Groove All Night Service will meet your expectations, and (5) any errors in any software available through the site or Groove All Night service will be corrected.
C. Any downloading or use of any content or material via the Groove All Night Service is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such content or material.
Groove All Night reserves the right to change any and all content contained on the Site 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 by Groove All Night.
LIMITATION ON LIABILITY
Under no circumstances, including, but not limited to, negligence, will Groove All Night entities or their licensors or suppliers be liable for any special, indirect, incidental, consequential, punitive, reliance or exemplary damages, including for any lost profits or lost data, that result from your use or your inability to use the Groove All Night Service, the Groove All Night websites or any applications, features, content or third party materials made available on, in conjunction with or through the Groove All Night Service, even if Groove All Night or a Groove All Night authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In such cases, Groove All Night's liability will be limited to the fullest extent permitted by applicable law.
In no event will the total aggregate liability to you of Groove All Night entities or of their licensors or suppliers for all damages, losses, claims and causes of action arising out of or relating to these terms or your use of the Groove All Night Service, including without limitation your interactions with other users of the Groove All Night Service (whether in contract, tort including negligence, warranty or otherwise) exceed the amount paid by you, if any, to Groove All Night during the twelve months immediately preceding the day the act or omission occurred that gave rise to your claim.
VIOLATIONS AND COMMENTS