Terms of Service
GrouVe LLC ("GrouVe" or "we" or "us") owns, operates and provides the sites, software, applications, content, products and services (collectively, the "Services"), which may be branded as grouvEvent, grouvEnterprise, grouveFilter, grouveMark or another brand owned or licensed by GrouVe.
This Terms of Service (the "Terms") are the rules that govern our relationship with you. Although we have tried our best to strip the legalese from the Terms, there are places where the Terms may still read like a traditional contract. There's a good reason for that: The Terms do indeed form a legally binding contract between you and GrouVe LLC, so please read the Terms carefully.
If you are accepting these TERMS on behalf of a company, you represent and warrant that you have full authority to act for and to bind that company, in which case the term "you" refers to that company.
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, waivers, representations and warranties set forth in the Terms, and to abide by and comply with the Terms. In any case, you affirm that you are over the age of 13, as the Services are not intended for children under 13. If you are under 13 years of age, then, please do not use the Services.
By using or accessing the Services, you represent and warrant that:
2. Account Registration
You must register in order to use and access certain features and functionality of the Services. You may register by following the registration instructions provided in the Services. During the registration process, you will provide your e-mail address and you will select a username and password for your Services account. You are responsible for maintaining the security and confidentiality of your account username and password and for maintaining your access to the Internet for purposes of your access to the Services. You are also responsible for any activity that occurs on your account.
The authorized account holder (i.e., the natural person) of the email address used to register the account, is the registrant.
3. Paid Services
We may make certain Services available to license for a fee. When you purchase a license to such Services, charges will be disclosed to you on the Services before you complete the license purchase. By consenting to delivery of such Service, you acknowledge that you have lost the right to cancel such purchase and the license purchase fee is non-refundable. Your purchase is for a limited, non-assignable license to access and use such Services.
We may accept payment via credit card or other electronic payment service. We or our third party payment processing partner will bill the credit card you provide. All currency references are in U.S. dollars. Your payments are non-refundable. If the credit card information you provide is invalid for any reason, or if you charge back your credit card for fees due, we may suspend or terminate your access to the Services.
4. Prohibited Conduct
You shall not access or use the Services for any purpose that is unlawful or prohibited by the Terms, or for any other purpose not reasonably intended by us. By way of example, and not limitation, you shall not directly or indirectly through or with one or more other persons:
use the Services in a way that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden, or impair the functioning of the Services;
You are solely responsible for your interactions with other users of the Services. We reserve the right, but have no obligation, to monitor disputes between you and other users.
5. Technical Issues
We are not responsible for any unavailability or interruptions of the Services due to any of the following:
6. User Content
You understand that content (including any text, graphic, audio, video, or other content) made available or transmitted via the Services by a user ("User Content"), whether privately transmitted or made publicly available, is the sole responsibility of the user who generated such User Content. You, not us, are responsible for all User Content that you transmit via or make available on the Services. In no event will we be liable in any way for User Content.
User Content generated by other users is provided to you AS IS. You may access and use such User Content solely as intended through the provided functionality of the Services and as permitted under the Terms. You shall not download any User Content unless you see a "download" or similar link displayed on the Services for that User Content. Unless otherwise permitted under the Terms, you shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any User Content generated by another user for any other purposes without the prior written consent of GrouVe or the respective licensors of the Content.
With respect to User Content you make available or transmit via the Services, you grant us a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display and perform your User Content (in whole or in part) in connection with the Services and GrouVe's (and its successors and affiliates) business, including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any public or nonpublic channels. You also grant every other Services user a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display and perform your User Content (in whole or in part) in connection with their respective (and their successors' and affiliates') businesses, including without limitation for promoting and redistributing part or all of their goods and services (and derivative works thereof) in any media formats and through any public or nonpublic channels.
The Services may contain advertisements. In consideration for GrouVe letting you access and use the Services, you agree that we, our affiliates, and our third-party partners may place advertising on the Services. Because the Services contain content that you and other users provide us, advertising may sometimes appear near your content.
8. Third Party Services and Third Party Materials
If there is a dispute between participants on this site, or between users and any third party, you agree that GrouVe is under no obligation to become involved. If you have a dispute with one or more other users, you release GrouVe, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. If you are a California resident, you shall and hereby do waive California Civil Code Section 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."
9. Additional Terms for Certain Applications
The Terms apply to your use of the Services, including mobile applications (each, an "Application") available via the Apple, Inc. ("Apple") App Store and/or Google, Inc. Google Play ("Google Play"), but the following additional terms also apply to the Application:
a . Both you and GrouVe acknowledge that the Terms are concluded between you and GrouVe only, and not with Apple and/or Google, and that Apple and/or Google is not responsible for the Application, the Services, or any content made available through the Application or the Services;
b . The Application is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Services for your private, personal, non-commercial use, subject to all the terms and conditions of the Terms as they are applicable to the Services;
c . You will only use the Application in connection with an Apple and/or Android device that you own or control;
d . You acknowledge and agree that Apple and/or Google has no obligation whatsoever to furnish any maintenance and support services with respect to the Application;
e . In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify Apple and/or Android of such failure; upon notification, Apple's and/or Google Play's sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application;
f . You acknowledge and agree that GrouVe, and not Apple and/or Google Play, is responsible for addressing any claims you or any third party may have in relation to the Application;
g . You acknowledge and agree that, in the event of any third party claim that the Application or your possession and use of the Application infringes that third party's intellectual property rights, GrouVe, and not Apple and/or Google Play, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;
h . You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;
i . Both you and GrouVe acknowledge and agree that, in your use of the Application, you will comply with any applicable third party terms of agreement which may affect or be affected by such use; and
j . Both you and GrouVe acknowledge and agree that Apple and Apple's subsidiaries, and Google Play and Google Play's subsidiaries, are third party beneficiaries of the Terms, and that upon your acceptance of the Terms, Apple and/or Google Play will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third party beneficiary hereof.
10. Respecting Copyright
If you are a copyright owner or an agent thereof and believe that any User 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. ß 512(c)(3) for further detail):
You may direct copyright infringement notifications to our DMCA Agent as follows:
GrouVe LLC Attn: Copyright Agent
6036 W. Wells Street, Milwaukee, Wisconsin 53213
Only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests, and other communications should be directed to GrouVe as detailed in the "Contact Us" section below. You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.
We always love to hear from our users. Your suggestions, comments or other feedback (collectively, "Feedback") to us with respect to our offerings and services, including the Services, are welcomed by us. Feedback is voluntary and we are not required to hold it in confidence. We may use Feedback for any purpose. You hereby grant us an irrevocable, non-exclusive, perpetual, royalty-free license to use, display, copy, distribute, modify, make derivative works of, sell, and import the Feedback in connection with our business, including enhancement of the Services.
12. Limited License; Reservation of Rights
All title, ownership and intellectual property rights in and to the Services are owned by us or our licensors. You acknowledge and agree that the Services contain proprietary information that is protected by applicable intellectual property and other laws. You shall not, directly or indirectly through or with one or more other persons, copy, modify, rent, lease, loan, sell, distribute, perform, display or create derivative works based on the Services, in whole or in part. You may own the physical media on which elements of the Services are delivered to you, but we retain full and complete ownership of the Services.
If Services are configured to enable the use of software, content, virtual items or other materials owned or licensed by us, we grant you, subject to the Terms, a limited, non-exclusive, non-sublicenseable, non-transferable license to access and use such software, content, virtual item or other material solely for your personal, non-commercial use.
Software that we provide you may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device's settings.
You shall not circumvent or disable any content protection system or digital rights management technology used with any Service; decompile, reverse engineer, disassemble or otherwise reduce any Service to a human-readable form; remove identification, copyright or other proprietary notices; or, access or use any Service in an unlawful or unauthorized manner or in a manner that suggests an association with our products, services or brands.
13. Data Charges and Mobile Phones
You are responsible for any data, text-messaging and other charges that you may incur by using our Services. If you're unsure what those charges may be, you should ask your mobile, carrier, or other service provider before using the Services. When you access the Services through a network, service provider's messaging, data and other rates and fees will apply. Downloading, installing or using certain Services may be prohibited or restricted by your network provider and not all Services may work with your network provider or device.
14. Termination, Cancellation, and Suspension
If we determine, in our sole discretion, that you violated the Terms, we may suspend or cancel your account or terminate your use of and access to the Services. Nothing in the Terms prevents us from pursuing other remedies in connection with your violation of the Terms.
We may also suspend or terminate the Services or a user's account, in whole or in part, in order to prevent damages to the Services or to comply with any law, court order, or other governmental request.
We may also terminate your use of and access to the Services at any time, for any reason, and without advance notice.
Even if your use of and access to the Services is terminated, you continue to be bound by Sections 4, 5, 6, 8, 9, and 11 through 22.
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless GrouVe, its affiliates, officers, members, managers, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of the and access to the Services; (ii) your violation of the Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your User Content caused damage to a third party. This defense and indemnification obligation will survive termination of your use of and access to the Services.
16. Disclaimer of Warranties
THE SERVICES ARE PROVIDED "AS IS" AND ì"S AVAILABLE" AND TO THE EXTENT PERMITTED BY LAW WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT REPRESENT OR WARRANT THAT: (A) THE SERVICES WILL ALWAYS BE SECURE, ERROR-FREE, OR TIMELY; (B) THE SERVICES WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS, OR IMPERFECTIONS; OR (C) THAT ANY CONTENT, USER CONTENT, OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICES WILL BE TIMELY OR ACCURATE.
WE DO NOT WARRANT THAT YOUR ACTIVITIES OR ACCESS TO OR USE OF THE SERVICES IS LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, WE SPECIFICALLY DISCLAIM SUCH WARRANTIES. YOU UNDERSTAND THAT BY ACCESSING OR USING THE SERVICES, YOU ACT AT YOUR OWN RISK. THE SERVICES MAY BE USED TO ACCESS AND TRANSFER INFORMATION OVER THE INTERNET. YOU ACKNOWLEDGE AND AGREE THAT WE AND OUR VENDORS AND LICENSORS DO NOT OPERATE OR CONTROL THE INTERNET AND THAT (A) VIRUSES, WORMS, TROJAN HORSES, OR OTHER UNDESIRABLE DATA OR SOFTWARE; OR (B) UNAUTHORIZED THIRD PARTIES (e.g., HACKERS) MAY ATTEMPT TO OBTAIN ACCESS TO AND DAMAGE YOUR ACCOUNT, USER CONTENT, HARDWARE, OR NETWORKS. WE WILL NOT BE LIABLE FOR ANY SUCH ACTIVITIES.
GROUVE LLC TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY CONTENT THAT YOU, ANOTHER USER, OR A THIRD PARTY CREATES, UPLOADS, POSTS, SENDS, RECEIVES, OR STORES ON OR THROUGH OUR SERVICES. YOU UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO CONTENT THAT MIGHT BE OFFENSIVE, ILLEGAL, MISLEADING, OR OTHERWISE INAPPROPRIATE, NONE OF WHICH GROUVE LLC WILL BE RESPONSIBLE FOR.
ALL THIRD PARTY MATERIALS AND THIRD PARTY SERVICES ARE PROVIDED AS-IS, WITHOUT WARRANTIES OF ANY KIND. WE MAKE NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, RELATING TO ANY PRESENT OR FUTURE METHODOLOGY EMPLOYED IN OUR GATHERING OR REPRODUCING OF ANY THIRD PARTY MATERIAL OR THIRD PARTY SERVICES, OR AS TO THE ACCURACY, CURRENCY, OR COMPREHENSIVENESS OF THE SAME.
17. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE, OUR VENDORS, OUR LICENSORS, OR SUPPLIERS HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT DAMAGES, OR INCIDENTAL, CONSEQUENTIAL, OR SPECIAL LOSS DAMAGES, INCLUDING EXEMPLARY AND PUNITIVE DAMAGES, OF ANY KIND OR NATURE RESULTING FROM OR ARISING OUT OF THE TERMS OR THE SERVICES. THE TOTAL LIABILITY OF US AND OUR VENDORS, LICENSORS AND SUPPLIERS TO YOU OR ANY THIRD PARTY ARISING OUT OF THE TERMS AND THE SERVICES, REGARDLESS OF WHETHER UNDER A CONTRACT, TORT, OR OTHER THEORY OF LIABILITY, FOR ANY AND ALL CLAIMS OR TYPES OF DAMAGES WILL NOT EXCEED ONE HUNDRED DOLLARS ($100).
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Terms, or your use of and access to the Services, that you file against us must be filed within one (1) year after such claim or cause of action arose or be forever barred.
18. Governing Law; Jurisdiction
The Services are hosted in the United States. If you are using or accessing the Services from outside the United States or any other region with laws or regulations governing personal data collection, use and disclosure that differ from the United States laws, please be advised that through your continued use of the Services, which are governed by U.S. law, you are transferring information to the United States and you consent to that transfer.
The laws of the State of Wisconsin and applicable United States law govern all matters arising out of or relating to the Terms and the Services, including, without limitation, interpretation, construction, performance, and enforcement, without giving effect to such state's conflicts of law principles or rules of construction concerning the drafter hereof. You hereby irrevocably and unconditionally submit to the jurisdiction of the federal and state courts located in Dane County, Wisconsin for the purpose of any suit, action, or other proceeding arising out of or based upon the Terms, your access to or your use of the Services, which courts are the exclusive forum for any such suit, action, or other proceeding.
If any provision of the Terms is held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions of the Terms will not be affected or impaired.
20. Other Terms
21. Contact Us
You can contact us via email (firstname.lastname@example.org) or at the following address: 6036 W. Wells Street, Milwaukee, Wisconsin 53213.
Please include your name, address, and any other information necessary to respond to you.
22. Changes to the Terms
We reserve the right at our discretion to change the Terms at any time. We will post the most current version of the Terms to our website.
If we make a material change to the Terms, we will notify you either by posting a notice on our website or by contacting you through the email address associated with your account.
Changes will take effect as described in the notice. If you use the Services after the change takes effect, you accept the Terms as modified.
Last Updated: [June 29, 2018]