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GorillaGroove, LLC Terms of Service
These terms and conditions of use (the “Terms of Service”) apply to the GorillaGroove website located at www.gorillagroove.com (the “Website”). The Website is the property of GorillaGroove, LLC (“GorillaGroove”). By using the Website, you agree to these Terms of Service. If you do not agree to the Terms of Service, do not use the Website.
GorillaGroove reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Service at any time. It is your responsibility to check these Terms of Service periodically for changes. Your continued use of the Website following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Service, GorillaGroove grants you a non-exclusive, non-transferable, limited privilege to use the Website.
GorillaGroove reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Service at any time. It is your responsibility to check these Terms of Service periodically for changes. Your continued use of the Website following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Service, GorillaGroove grants you a non-exclusive, non-transferable, limited privilege to use the Website.
Content
All text, graphics, user and visual interfaces, videos, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Website is owned, controlled or licensed by or to GorillaGroove, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. Except as expressly provided in these Terms of Service, no part of the Website and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise without GorillaGroove’s express prior written consent.
Prohibited Conduct
You agree not to do any of the following:
- Use any “robot”, “spider” or other automatic device, program,
algorithm or methodology, or any similar or equivalent manual process,
to access, acquire, copy or monitor any portion of the Website or any
Content, or in any way reproduce or circumvent the navigational
structure or presentation of the Website or any Content, to obtain or
attempt to obtain any materials, documents or information through any
means not purposely made available through the Website. - Attempt to gain unauthorized access to any portion or feature of
the Website, or any other systems or networks connected to the Website
or to any GorillaGroove server, or to any of the services offered on or
through the Website, by hacking, password “mining” or any other
illegitimate means. - Probe, scan or test the vulnerability of the Website or any network
connected to the Website, nor breach the security or authentication
measures on the Website or any network connected to the Website. - Reverse look-up, trace or seek to trace any information on any
other user of or visitor to the Website, including any GorillaGroove
account not owned by you, to its source, or exploit the Website or any
service or information made available or offered by or through the
Website, in any way where the purpose is to reveal any information
(other than your own) as provided for by the Website. - Use any device, software or routine to interfere or attempt to
interfere with the proper working of the Website or with any other
person’s use of the Website. - Disguise the origin of any message or transmittal you send to
GorillaGroove on or through the Website or any service offered on or
through the Website. - Pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
- Use the Website or any Content for any purpose that is unlawful or prohibited by these Terms of Service.
- Solicit the performance of any illegal activity or other activity which infringes the rights of GorillaGroove or others.
Additional Terms and Conditions
Additional terms and conditions may apply to specific features of the Website, all of which terms are made a part of these Terms of Service by this reference. You agree to such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Service and the terms for a specific feature of the Website, the latter terms shall control with respect to your use of that specific feature of the Website.
Privacy
GorillaGroove’s Privacy Policy applies to use of this Website, and its terms are made a part of these Terms of Service by this reference. To view GorillaGroove’s Privacy Policy, go to http://www.gorillagroove.com
Accounts and Security
Certain features or services offered on or through the Website may require you to open an account by setting up a GorillaGroove ID and password. You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You agree to notify GorillaGroove immediately of any unauthorized use of your account or password, or any other breach of security. Nevertheless, you may be held liable for losses incurred by GorillaGroove or any other user of or visitor to the Website due to someone else using your GorillaGroove ID, password or account. Likewise, you may not use anyone else’s GorillaGroove ID, password or account without express permission and consent from the the holder of that GorillaGroove ID, password or account, and GorillaGroove will not be liable for any loss or damage arising from your failure to comply with these obligations.
Links to Other Websites
This Website may contain links to other independent third-party Websites (“Linked Websites”). These Linked Websites are not under GorillaGroove’s control, and GorillaGroove is not responsible for and does not endorse the content of such Linked Websites. You will need to make your own independent judgment regarding your use of these Linked Websites.
Disclaimers
GorillaGroove does not promise that the Website or any content, service or feature of the Website will be error-free or uninterrupted, or that any defects will be corrected, or that your use of the Website will provide specific results. The Website and its content are delivered on an “AS-IS” and “AS-IS AVAILABLE” basis. All information provided on the Website is subject to change without notice. GorillaGroove disclaims all warranties, express or implied, including any warranties of accuracy, non-infringement, merchantability and fitness for a particular purpose. GorillaGroove disclaims any liability for the acts, omissions and conduct of any third parties in connection with or related to your use of the Website and/or any GorillaGroove services. You assume total responsibility for your use of the Website and any Linked Websites. Your sole remedy against GorillaGroove for dissatisfaction with the Website or any content is to stop using the Website or any such content. Such disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action. GorillaGroove reserves the right to modify, interrupt, suspend or terminate operation of or access to the Website, or any portion of the Website, including any applicable policies or terms for any reason at any time, without notice.
Limitation of Liability
Except where prohibited by law, in no event will GorillaGroove be liable to you for (1) any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if GorillaGroove has been advised of the possibility of such damages, or (2) liability in excess of US$100.00.
Indemnity
You agree to indemnify and hold GorillaGroove, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including actual attorneys’ fees, reasonably incurred), made against GorillaGroove by any third party due to or arising out of or in connection with your use of the Website.
Violation of Terms of Service
GorillaGroove may disclose any information we have about you if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Website, or to identify, contact or bring legal action against someone who may be causing injury to or interference with GorillaGroove’s rights or property, or the rights or property of visitors to or users of the Website. GorillaGroove reserves the right to disclose any information that GorillaGroove deems necessary to comply with any applicable law, regulation, legal process or governmental request or when GorillaGroove determines that such disclosure is permitted (for instance, exchanging information with other companies and organizations for fraud protection purposes).
You acknowledge and agree that GorillaGroove may preserve any transmittal or communication by you with GorillaGroove through the Website or any service offered on or through the Website, and may also disclose such data if required to do so by law or as is reasonably necessary to comply with legal process, enforce these Terms of Service, respond to claims that any such data violates the rights of others, or protect the rights, property or personal safety of GorillaGroove, its employees, users of or visitors to the Website, and the public.
Website Access Termination
You agree that GorillaGroove may, in its sole discretion and without prior notice, terminate your access to the Website and/or block your future access to the Website if we determine that you have violated these Terms of Service, and you consent to GorillaGroove obtaining any injunctive or equitable relief that GorillaGroove deems necessary or appropriate for such violation. You agree to pay the costs of any such action and actual attorneys’ fees, reasonably incurred. These remedies are in addition to any other remedies GorillaGroove may have at law or in equity. You agree that GorillaGroove will not be liable to you or to any third party for termination of your access to the Website as a result of any violation of these Terms of Service.
You also agree that GorillaGroove may, in its sole discretion and without prior notice, terminate your access to the Website, for cause, including requests by law enforcement or other government agencies; a request by you for account deletion; discontinuance or material modification of the Website; or unexpected technical issues or problems.
Dispute Resolution
You agree that all matters relating to your access to or use of the Website, including all disputes, will be governed by the laws of the United States and by the laws of the State of Texas without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Dallas County, Texas, and waive any objection to such jurisdiction or venue. Any claim under these Terms of Service must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between GorillaGroove and you arising out of or in connection with your use of the Website, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation in Dallas, Texas. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.
Void Where Prohibited
GorillaGroove administers and operates the Website from its location in Dallas, Texas USA. Although the Website is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Website are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. GorillaGroove reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Website is void where prohibited. If you choose to access the Website from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
Changes to Website Services
GorillaGroove may make changes to any services offered on the Website at any time, without notice. The materials on the Website with respect to services may be out of date, and GorillaGroove makes no commitment to update the materials on the Website with respect to such services.
Miscellaneous
You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Website, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations. If any of the provisions of these Terms of Service are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Service, so that these Terms of Service shall remain in full force and effect. These Terms of Service constitute the entire agreement between you and GorillaGroove with regard to your use of the Website, and any and all other written or oral agreements or understandings previously existing between you and GorillaGroove regarding such use are hereby superseded. GorillaGroove will not accept any counter-offers to these Terms of Service, and all such offers are hereby categorically rejected. GorillaGroove’s failure to enforce strict performance of these Terms of Service shall not be construed as a waiver by GorillaGroove of any provision or any right it has to enforce these Terms of Service, nor shall any course of conduct between GorillaGroove and you or any other party be deemed to modify any provision of these Terms of Service. These Terms of Service shall not be interpreted or construed to confer any rights or remedies on any third parties.