Terms of Service
September 10, 2020
Welcome to the Groovable.net web site (referred to as “Groovy”) to use our services (referred to as “Stuff”). Groovy access at Groovable.net is offered to you, (referred to as “Fan”), by Micro Advantage, Inc. Doing Business As Groovable.net, located at 6501 Barberton Ave, Cleveland Ohio 44102. These Terms and Conditions of Service (“Terms of Service”) govern you the Fan, of this Groovy Stuff.
Limited use of the Groovy is offered to you by Groovable.net subject to, and conditioned upon your acceptance of, these Terms of Service. Your use of the Groovy constitutes your legally binding acceptance of and agreement to these Terms of Service. Under these Terms of Service only, Groovable.net grants you a license to view and use of Groovy. If you do not agree to these Terms of Service, you are not an authorized Fan and should stop any use of Groovy and Stuff.
A. OWNERSHIP AND INTELLECTUAL PROPERTY
A.1 Groovable.net is the exclusive owner of Groovy. The Groovy Content and Groovy Code as they exist on the Groovy site are offered to you by Groovable.net for limited use pursuant to these Terms of Service. “Groovy Content” means the audio or visual content, including, without limitation, any text, graphics, images, illustrations, photographs, animation, video/audio, designs, logos, information, and other content made available through the Site. “Groovy Code” means the source code, script, object code, software, computer programs, and other contained in the Groovy site.
A.2. Groovy and Stuff are owned by Groovable.net ( ® ™2020 ) and/or the associated performers and music publishers and are protected by applicable domestic and international copyright laws. Unless explicitly permitted Groovy by Groovalbe.net, you shall not copy, distribute, publish, perform, modify, download, transmit, transfer, sell, license, reproduce, create derivative works from or based upon, distribute, post, publicly display, frame, link, or in any other way exploit any of Groovy or Stuff, in whole or in part.
A.3. Groovable.net and logo are trademarks and belong to Groovable.net. Any unauthorized use of the Groovable.net is strictly prohibited.
A.4. You agree that Groovable.net contains proprietary information and material that is owned by Groovable.net and is protected by applicable intellectual property and other laws, including, but not limited to, copyright.
B. USE OF THE SITE & SERVICES
B.1. Groovable.net grants you a non-exclusive, non-transferrable, limited right and license to access and use Groovy, to display the Site Content by way of one or more computers connected to Groovy. Groovable.net may suspend or stop providing our services to you if you do not comply with our terms or policies.
B.2. Groovable.net grants you this license to use the Groovy Content in accordance with the Terms of Service for the limited purpose of personal use, and not for any commercial purpose.
B.3. Groovable.net may issue you a Groovable.net account (“Fan License”) which includes a username and/or password for access Groovy Content. Groovable.net is not responsible for a third party using your user name and password.
B.4. Posting Fan Chat messages grants Groovable.net a royalty-free, perpetual, non-exclusive, right to use, reproduce, modify, publish, edit, display and otherwise exploit chat messages.
B.5. Groovable.net rights are reserved. You may not download, stream, modify, post, publish, transmit, transfer or sell, reproduce, create derivative works from or based on, distribute, perform, publicly display, or in any way exploit any of the Groovy Content.
B.6. You agree that you will pay for all products you purchase through the Services, and that Groovable.net may charge your payment method for any products purchased and for any additional amount, taxes or fees, that may be accrued by or in connection with your Account. All Purchases are non-refundable and Final. Groovable.net makes No Warranties, expressed or implied, to the Groovy Services including, without limitation, ant expressed or implied Warranty of Merchantability or fitness for a particular purpose.
D. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
D.1. Groovable.net does not and cannot guarantee that its system is free from hackers or viruses or that information provided by Fans of Groovable.net will not be stolen or otherwise surreptitiously obtained. Groovabale.net is not responsible or liable for any Malware to your system or delays, inaccuracies, errors, or omissions arising out of your use of this Groovy site. You therefore acknowledge and understand that such risk is inherent in interacting with any website, and take full responsibility for any harm, danger or damage that ensues due to any such breach in security. Pursuant to these Terms of Service, Groovable.net expressly disclaims any such liability. Groovable.net nor any provider of content or agent Warrant that the Groovy site will be error free. The content of the Groovy site are distributed on an “as is” basis.
D.2. Groovable.net, Employees, or affiliates are liable for any direct, indirect, incidental damages by the use of the Groovy site. Any claims under the terms of service is limited to the amount you paid Groovable.net
D.3. You hereby agree to indemnify, defend and hold harmless Groovable.net and its affiliates from and against any and all liability and costs incurred by Groovable.net or its affiliates in connection with any claim.
E. GENERAL TERMS
E.1. Groovable.net may notify you by, a general posting at the Groovy site, by sending an email message to your Account email address or a letter by conventional mail to your Account mailing address.
E.2. Terms of Service are governed by the laws of the State of Ohio, United States of America applicable to contracts made and performed solely in the State of Ohio, without regard to conflict of laws principles. You hereby consent to the exclusive jurisdiction and venue of the state courts of Cleveland Ohio, United States of America in any and all claims or disputes arising out of, to enforce, construe, or otherwise relating to this Agreement, these Terms of Service.
E.3. You represent and warrant to Groovable.net that you are at least eighteen (18) years old and that you possess the legal right and ability to enter into this Agreement and to use the Groovy site in accordance with this Agreement.
E.4. You understand that by using the Services, you may encounter material that you may deem to be offensive, indecent, or objectionable, and that content may or may not be identified as having explicit material.
E.5. The Terms of Service constitute a written agreement between you and Groovable.net.
E.6. Groovable.net shall not have any liability to you hereunder by reason of any delay or failure to perform any obligation or covenant if the delay or failure to perform is occasioned by force majeure, meaning any act of God, storm, fire, casualty, unanticipated work stoppage, power outage, satellite failure, civil disturbance, riot, war, national emergency, act of Government, act of public enemy, or other cause of similar nature.
E.7. You waive your rights to a jury trial in any proceedings with Groovable.net
E.8. Your use of the Services includes the ability to enter into agreements and/or make transactions electronically and constitute your agreement and intent to be bound and to pay for Services.
5.9. You may stop using our Services at any time. Groovable.net may also stop providing Services and Site Content to you at any time for any reason. Groovable.net with or without notice to you, may: i) terminate this Agreement between Groovable.net and you and/or your Accounts, and you will remain liable for all amounts due under your Account up to and including the date of termination; ii) terminate your license to the Services and software; and iii) preclude your access to the Site and Services. Groovable.net reserves the right to modify, suspend or discontinue the Site, Services and/or Materials at any time with or without notice to you, and groovable.net will not be liable to you or to any third party should Groovable.net exercise such rights.