We, the team at Grooveist, are on a mission to make live music experiences more accessible to all. We hope you love Grooveist.com, as much as we love creating and evolving it. These Terms of Service (“Terms”) describe our commitments to you, and your rights and responsibilities when using our services. Please read them carefully and reach out to us if you have any questions.
We built Grooveist as a news, information, and entertainment source. And, unless expressly designated in the form of a partner badge (e.g. green check mark or “Claimed” text) on a page or stated in other form, Grooveist is not officially partnered with, nor officially represents, any music festival, venue, or artists that appears or is listed on Grooveist.com or any of its marketing channels.
These Terms include a mandatory arbitration provision in Section 14. If you don’t agree to these Terms, don’t use our services.
These Terms govern your access to and use of Grooveist.com and any products or services we provide. Please read these Terms carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to be bound by all of the Terms and all other operating rules, policies, and procedures that we may publish via the Services from time to time (collectively, the “Agreement”). You also agree that we may automatically change, update, or add on to our Services, and this Agreement will apply to any changes.
“You” means any individual or entity using our Services. If you use our Services on behalf of another person or entity, you represent and warrant that you’re authorized to accept the Agreement on that person’s or entity’s behalf, that by using using our Services you’re accepting the Agreement on behalf of that person or entity, and that if you, or that person or entity, violates the Agreement, you and that person or entity agree to be responsible to us.
Our Services are not directed to children. You’re not allowed to access or use our Services if you’re under the age of 13 (or 16 in Europe). If you register as a user or otherwise use our Services, you represent that you’re at least 13 (or 16 in Europe). You may use our Services only if you can legally form a binding contract with us. In other words, if you’re under 18 years of age (or the legal age of majority where you live), you can only use our Services under the supervision of a parent or legal guardian who agrees to the Agreement.
We haven’t reviewed, and can’t review, all of the content (like text, photo, video, audio, code, computer software, items for sale, and other materials) posted to or made available through our Services by users or anyone else (“Content”) or on websites that link to, or are linked from, our Services. We’re not responsible for any use or effects of Content or third-party websites. So, for example:
Please note that additional third-party terms and conditions may apply to Content you download, copy, purchase, or use.
We love hearing from you and are always looking to improve our Services. When you share comments, ideas, or feedback with us, you agree that we’re free to use them without any restriction or compensation to you.
Our mission is to make the web a better place, and our Services are designed to give you control and ownership over your websites. We encourage you to express yourself freely, subject to a few requirements. In particular, you represent and warrant that your use of our Services:
As we ask others to respect our intellectual property rights, we respect the intellectual property rights of others. If you believe any Content violates your copyright, please see our Digital Millennium Copyright Act (“DMCA”) Policy and send us a notice.
The Agreement doesn’t transfer any Grooveist or third-party intellectual property to you, and all right, title, and interest in and to such property remains (as between Grooveist and you) solely with Grooveist. Grooveist trademarks, service marks, graphics, and logos used in connection with our websites or Services are trademarks or registered trademarks of Grooveist (or Grooveist’s licensors). Other trademarks, service marks, graphics, and logos used in connection with our Services may be the trademarks of other third parties. Using our Services doesn’t grant you any right or license to reproduce or otherwise use any Grooveist or third-party trademarks.
While using the Services, you may enable, use, or purchase services, products, software, embeds, or applications (like themes, extensions, plugins, or blocks) developed by a third party or yourself (“Third-Party Services”). If you use any Third-Party Services, you understand that:
We may update, change, or discontinue any aspect of our Services at any time. Since we’re constantly updating our Services, we sometimes have to change the legal terms under which they’re offered. The Agreement may only be modified by a written amendment signed by an authorized executive of Grooveist, or if Grooveist posts a revised version. We’ll let you know when there are changes: we’ll post them here and update the “Last Updated” date, and we may also post on one of our blogs or send you an email or other communication before the changes become effective. Your continued use of our Services after the new terms take effect will be subject to the new terms, so if you disagree with the changes in the new terms, you should stop using our Services. To the extent you have an existing subscription, you may be eligible for a refund.
We may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. We have the right (though not the obligation) to, in our sole discretion, (i) reclaim your username or website’s URL due to prolonged inactivity, (ii) refuse or remove any content that, in our reasonable opinion, violates any the Agreement or any Grooveist policy, or is in any way harmful or objectionable, (iii) ask you to make adjustments, restrict the resources your website uses, or terminate your access to the Services, if we believe your website’s storage or bandwidth usage burdens our systems (which is rare and typically only occurs when a website is used for file sharing or storage), or (iv) terminate or deny access to and use of any of our Services to any individual or entity for any reason. We will have no obligation to provide a refund of any fees previously paid. You can stop using our Services at any time, or, if you use a Paid Service, you can cancel at any time, subject to the Fees, Payment, and Renewal section of these Terms.
Our Services are provided “as is.” Grooveist and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Grooveist, nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. If you’re reading this, here’s a treat. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.
Except to the extent any applicable law provides otherwise, the Agreement and any access to or use of our Services will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions. The proper venue for any disputes arising out of or relating to the Agreement and any access to or use of our Services that are not otherwise subject to arbitration (as indicated below) will be the state and federal courts located in San Francisco County, California.
Please read the following section carefully because it requires you to arbitrate certain disputes and claims with CareNectar and limits the manner in which you can seek relief from us.
Except for small claims disputes in which you or Grooveist seek to bring an individual action in small claims court located in the county of your billing address or disputes in which you or Grooveist seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and Grooveist waive your rights to a jury trial and to have any dispute arising out of or related to these Terms or our Services resolved in court. Instead, all disputes arising out of or relating to these Terms or our Services will be resolved through confidential binding arbitration held in Cook County, Illinois, in accordance with the Streamlined Arbitration Rules and Procedures (“Rules”) of the Judicial Arbitration and Mediation Services (“JAMS”), which are available on the JAMS website and hereby incorporated by reference. You either acknowledge and agree that you have read and understand the rules of JAMS or waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.
In no event will Grooveist, or its suppliers, partners, or licensors, be liable with respect to any subject matter of the Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed $50 or the fees paid by you to Grooveist under the Agreement during the twelve (12) month period prior to the cause of action, whichever is greater. Grooveist shall have no liability for any failure or delay due to matters beyond its reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
You agree to indemnify and hold harmless Grooveist, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all losses, liabilities, demands, damages, costs, claims, and expenses, including attorneys’ fees, arising out of or related to your use of our Services, including but not limited to your violation of the Agreement or any agreement with a provider of third-party services used in connection with the Services, Content that you post, and any ecommerce activities conducted through your or another user’s website.
You may not use the Services if such use is inconsistent with U.S. sanctions law or if you are on any list maintained by a U.S. government authority relating to designated, restricted or prohibited persons.
If you need a data processing agreement (DPA) with us for the GDPR requirements that apply to us as a data processor for your website, please follow these instructions.
These Terms were originally written in English (US). We may translate these terms into other languages, and in the event of a conflict between a translated version of these Terms and the English version, the English version will control.
The Agreement (together with any other terms we provide that apply to any specific Service) constitutes the entire agreement between Grooveist and you concerning our Services. If any part of the Agreement is unlawful, void, or unenforceable, that part is severable from the Agreement, and does not affect the validity or enforceability of the rest of the Agreement. A waiver by either party of any term or condition of the Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. Grooveist may assign its rights under the Agreement without condition. You may only assign your rights under the Agreement with our prior written consent.
Thank you to Automattic for providing and open-source template for this Terms of Service.