AppGrooves

Terms of Service

Last updated: 10/01/2017

Welcome to AppGrooves. These Terms of Service (the “Terms”) are a binding legal agreement between you and AppGrooves Corp. (“AppGrooves” or “we”), regarding your use of the AppGrooves application, whether accessed via our website (available at appgrooves.com) or through our mobile application software (collectively, the “Application”). Please read these Terms carefully.

We may periodically make changes to these Terms.  By accessing or using the Application, you accept these Terms and any modifications that we may make to these Terms. It is your responsibility to review the most recent version of the Terms frequently and remain informed of any changes to it. When we modify these Terms, we will update the “Last Updated” date above. This version of these Terms shall supersede all earlier versions.  If you continue to use the Application after we modify these Terms, you will be deemed to have consented to terms of the modified Agreement for your use of the Application as of the date of the modification. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE THE APPLICATION.

1. Eligibility

In order to use the Application, you must be the age of majority in your jurisdiction (which is 18 years of age in most locations in the United States) and fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms and to abide by and comply with these Terms.  BY DOWNLOADING, INSTALLING OR OTHERWISE USING THE APPLICATION, YOU REPRESENT THAT YOU MEET THE ELIGIBILITY REQUIREMENTS IN THIS SECTION.  IN ANY CASE, YOU AFFIRM THAT YOU ARE OVER THE AGE OF 13, AS THE APPLICATION IS NOT INTENDED FOR CHILDREN UNDER 13.

2. Account Registration

You may register by creating an account with us or sign into the Application by using Facebook Connect or your Twitter credentials to use some features of the Application.  When you register, you agree to (a) provide accurate, current and complete information about you as may be prompted by registration forms on the Application (“Registration Data”); (b) maintain the security of any logins, passwords, or other credentials that you select or that are provided to you for use on the Application; and (c) maintain and promptly update the Registration Data, and any other information you provide to us, and to keep all such information accurate, current, and complete.

You are entirely responsible for any and all activity that occurs on or in association with your account.  Although AppGrooves will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of AppGrooves or others due to such unauthorized use. You will notify us immediately of any unauthorized use of your account or any other breach of security by emailing us at contact@appgrooves.com.

You may terminate your account at any time, for any reason, by emailing AppGrooves at contact @appgrooves.com.  AppGrooves reserves the right to terminate or disable your account without prior notice and in our sole discretion. You will bound by these Terms even after your account is terminated.

3. License to Use the Application

Subject to these Terms, we grant to you a limited, personal, non-exclusive, non-transferable license to use the Application on our website and on any device running the iPhone OS that you own or control for your personal or internal business use and not for resale or further distribution, and as permitted by the Usage Rules set forth in the App Store Terms and Conditions.  Your right to use the Application is limited by the terms set forth in these Terms.  Except for this license granted to you, we retain all right, title, and interest in and to the Application, including all related intellectual property rights.  The Application is protected by applicable intellectual property laws, including United States copyright law and international treaties.  

Except as otherwise explicitly provided in these Terms or as may be expressly permitted by applicable law, you will not, and will not permit or authorize third parties to: (a) reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer, or create derivative works of the Application; (b) rent, lease, or sublicense access to the Application; nor (c) circumvent or disable any security or technological features or measures of the Application.

4. Access to the Application; Modifications to the Application

We do not provide you with the equipment to access the Application.  You are responsible for all fees charged by third parties to access the Application (e.g., mobile data plans or charges by internet service providers).  If you are using the Application on behalf of a company, entity, or organization, then you represent and warrant that you: (a) are an authorized representative of that organization with the authority to bind such organization to these Terms and (b) agree to be bound by these Terms on behalf of such organization.  

5. Use Restrictions

The Application is controlled and hosted in the United States of America.  You must comply with all applicable laws, including U.S. export control laws, when using the Application.  AppGrooves makes no representations that the Application is appropriate or available for use in other locations.  If you are accessing or using the Application from other jurisdictions, you do so at your own risk and you are responsible for compliance with all applicable local laws.  Except as may be expressly permitted by applicable law or authorized by the applicable holder of intellectual property rights to any of the content made available on the Application, you will not: (a) use the Application for any commercial purpose; (b) access, monitor, or copy any content or information on the Application using any robot, spider, scraper, or other automated means or any manual process for any purpose without our express written permission; (c) violate the restrictions in any robot exclusion headers on the Application or bypass or circumvent other measures employed to prevent or limit access to the Application; (d) interfere with or disrupt the Application or servers or networks connected to the Application, or disobey any requirements, procedures, policies or regulations of networks connected to the Application; (e) collect or harvest any personally identifiable information, including account names, from the Application; (f) use the communication systems provided by the Application for any commercial solicitation purposes; (g) deep-link to any portion of the Application for any purpose without our express written permission; (h) "frame", "mirror," or otherwise incorporate any part of the Application into any other website without our prior written authorization; (i) rent, lease, or sublicense your access to the Application to another person; (j) circumvent or disable any digital rights management, usage rules, or other security features of the Application; (k) remove, alter, or obscure any proprietary notices (including copyright notices) on any portion of the Application; (l) “stalk” or otherwise harass another; (m) intentionally or unintentionally violate any applicable local, state, national, or international law or regulation, or (n) harm AppGrooves or third parties in any way.

6. Interactive Services

The Application may include interactive features and services, including social networking functionality, ratings or review functionality, and similar services, in which you or third parties may send messages to other users of the Application, and create, post, or store profile data, profile pictures, photographs, comments, ratings or reviews, and other content on the Application, or on Facebook or Twitter through the Application (“Interactive Services”).  You are solely responsible for your use of Interactive Services and use them at your own risk.  By using any Interactive Services, you agree not to post, transmit, distribute, upload, or otherwise disseminate through the Application any of the following:

If you see content on the Application that violates these use restrictions, please contact us at contact@appgrooves.com.

We take no responsibility and assume no liability for any material posted, stored, or uploaded by you or any third party, or for any loss or damage thereto.  Although we have no obligation to screen, edit, or monitor any material posted on or transmitted through the Application, we reserve the right, and have absolute discretion, to remove, screen, and edit any material posted, stored, or transmitted on or through the Application at any time and for any reason without notice.  Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed or made available by third parties on the Application are those of the respective authors or producers and not of AppGrooves, or its stockholders, directors, officers, or employees.  AppGrooves does not control the content posted by third parties via the Application and, as such, does not guarantee the accuracy, integrity or quality of such content.  You understand that by using the Application, you may be exposed to content that is offensive, indecent or objectionable.  Under no circumstances will AppGrooves, its stockholders, directors, officers, directors, or employees be held liable for any loss or damage caused by your reliance on information obtained through the Application. It is your responsibility to evaluate the information, opinion, advice, or other content available. We also reserve the right, in our sole discretion, to reject, refuse to post, or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to the Application at any time, for any or no reason, with or without prior notice, and without liability.

If you post material on or through the Application, then, unless we indicate otherwise, you (a) grant us and our subsidiaries and affiliates a nonexclusive, royalty-free, perpetual, irrevocable, transferable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display the material in connection with the provision of the Application to you and others; (b) grant us and our affiliates, subsidiaries, and sublicensees the right to use the name that you submit in connection with such material, if we choose; and (c) represent and warrant that you own and control all of the rights to the material that you post, or you otherwise have the right to post such material to the Application; and the use and posting of material you supply does not violate these Terms, will not violate any rights of or cause injury to any person or entity, and will not otherwise create any harm or liability of any type for us or for third parties.

7. Submissions

You agree that we are free to use any comments, suggestions, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us (each, a "Submission"), including, without limitation, responses to questionnaires, postings to the Application or emails to us, without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Application and our products and services. Furthermore, by posting any Submission on the Application, submitting information to us, or in responding to questionnaires, you grant us a perpetual, non-exclusive, fully paid, royalty-free, irrevocable, sublicenseable, worldwide license and right to display, use, perform, reproduce, modify, distribute and create derivative works of the Submission or information submitted in any media, software, or technology of any kind now existing or developed in the future.  By posting or providing a Submission or information, you represent and warrant that: (i) you own all right title and interest in your Submissions or otherwise have the right to grant the license set forth herein, and (ii) the posting of your Submissions on or through the Application does not (and will not) violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.  You agree to pay all royalties, license fees and any other monies owing any person by reason of any Submission posted by you on or through the Application.  

8. Copyright Infringement

We respect the intellectual property rights of others, and ask you to do the same. It is our policy to terminate the access privileges of those who repeatedly infringe the copyright rights of others. If you believe that your work has been posted on the Application in a way that constitutes copyright infringement, please contact us at the address below and provide, the following information in writing required by the Digital Millennium Copyright Act: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed, and identification of the time(s) and date(s) the material that you claim is infringing was displayed on the Application (including the URL of the location or other applicable identifying information where the copyrighted work exists or a copy of the copyrighted work); (3) your address, telephone number, and email address; (4) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (5) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

If you believe that your user content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your user content, you may send a counter-notice containing the following information to the copyright agent: (1) Your physical or electronic signature; (2) identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled; (3) a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and (4) your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in San Francisco, CA, and a statement that you will accept service of process from the person who provided notification of the alleged infringement. If a counter-notice is received by the copyright agent, we may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.

Our designated agent for notice of copyright infringement can be reached at:

        AppGrooves, Corp.

        940 Stewart Dr, #244

Sunnyvale, CA 94085

contact@appgrooves.com

9. Trademarks

AppGrooves, appgrooves.com, the AppGrooves logo, and any other product or service name or slogan contained on the Application are trademarks of AppGrooves and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of the applicable trademark holder.  All other trademarks, registered trademarks, product names and company names or logos mentioned on the Application are the property of their respective owners.  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 us, or vice versa.

10. Third-Party Content

The Application may contain links to third party applications, products and services, software and the Apple App Store ("Third-Party Content").  We do not monitor, endorse, or adopt, or exercise any control over, any Third-Party Content.  We undertake no responsibility to update or review any Third Party Content and are not responsible or liable for any performance, content, or advertising in Third-Party Content.  

Additionally, if you follow a link or otherwise navigate away from the Application, please be aware that these Terms will no longer govern.  You should review the applicable terms and policies, including privacy and data gathering practices, of any Third-Party Content provider to which you navigate from the Application.  You access and use Third-Party Content at your own risk.  We are not responsible or liable, directly or indirectly, for any damage or loss caused to you by your use of or reliance on any Third-Party Content.

The Application may contain advertisements and promotions from third parties.  Your business dealings or correspondence with, or participation in promotions of, advertisers other than us, and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party.

11. Privacy Policy

We may collect registration and other information about you through the Application. Our collection and use of this information is described in the Privacy Policy available at https://appgrooves.com/docs/privacy.html.  

Use of the Application may involve the transmission of data over the Internet to us, to Twitter, to Facebook, or to Third-Party Content providers, and you may not be notified in each instance of the transmission of information. BY USING THE APPLICATION, YOU CONSENT TO THE TRANSMISSION OF THIS INFORMATION, AND TO THE USE AND DISCLOSURE OF THIS INFORMATION IN ACCORDANCE WITH APPGROOVES’ PRIVACY POLICY.

12. Indemnification

You will defend, indemnify and hold harmless AppGrooves, its subsidiaries, affiliates, partners and third-party advertisers and their respective directors, officers, agents, employees, licensors, and suppliers from and against any costs, damages, expenses, and liabilities (including, but not limited to, reasonable attorneys’ fees) arising out of or related to your use of the Application, your violation of these Terms, or your violation of any rights of a third party.

13. Disclaimer of Warranties

YOUR USE OF THE APPLICATION INCLUDING, WITHOUT LIMITATION, YOUR USE OF ANY THIRD-PARTY CONTENT ACCESSIBLE THROUGH THE APPLICATION IS AT YOUR SOLE RISK.  THE APPLICATION AND ALL CONTENT AVAILABLE ON AND THROUGH THE APPLICATION ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.   APPGROOVES AND ITS SUPPLIERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.  WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THE APPLICATION OR ANY CONTENT AVAILABLE ON AND THROUGH THE APPLICATION, SUCH AS PRICING OF APPLICTIONS IN THE APPLE APP STORE, AND YOU RELY ON THE APPLICATION AND SUCH CONTENT AT YOUR OWN RISK.  ANY MATERIAL OBTAINED THROUGH THE APPLICATION IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER, IPAD, IPHONE, IPOD TOUCH OR OTHER DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL THROUGH THE APPLICATION.  NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM APPGROOVES OR THROUGH OR FROM THE APPLICATION WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.  SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

14. Limitation of Liability

TO THE EXTENT PREMITTED BY APPLICABLE LAW, APPGROOVES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF APPGROOVES HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE APPLICATION OR ANY CONTENT.  

TO THE EXTENT PREMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL APPGROOVES’ MAXIMUM TOTAL LIABILITY ARISING OUT OF OR RELATED TO YOUR USE OF THE APPLICATION OR APPLICATION CONTENT (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED TEN DOLLARS ($10). EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES.  THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES.  EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

15. Modifications to the Application

Notwithstanding any provision of these Terms, we reserve the right, without notice and in our sole discretion, to terminate your license to use the Application and to block, restrict, and prevent your future access to, and use of, the Application.  Additionally, we reserve the right to modify, discontinue, and restrict, temporarily or permanently, all or part of the Application without notice in our sole discretion.  We will not be liable to you or to any third party for any modification, discontinuance, or restriction of the Application. As of the date stated above, the Application is provided to you for free, but we reserve the right to implement fees for additional or premium services at any time by providing you notice.

16. Consent to Electronic Communications

By using the Application, you consent to receiving electronic communications from us.  These communications may include notices about your account and information concerning or related to the Application.  You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

17. Promotions

From time to time, we may offer promotions to visitors or users of the Application. To be eligible for a promotion, you must for the duration of the promotion reside in a jurisdiction in which the promotion is lawful. If you take part in any promotion, you agree to be bound by the specific promotion rules and by the decisions of AppGrooves and its designees, which are final in all matters relating to any promotion. Any awards provided by AppGrooves or our sponsors or partners are at AppGrooves’s sole discretion. AppGrooves and its designees reserve the right to disqualify any entrant or winner in their absolute discretion without notice. Any applicable taxes on any award are the sole responsibility of the winner(s).

18. General Legal Notices

Our failure to act in a particular circumstance does not waive our ability to act with respect to that circumstance or similar circumstances.  Any provision of these Terms that is found to be invalid, unlawful, or unenforceable will be severed from these Terms, and the remaining provisions of these Terms will continue to be in full force and effect.  The section headings and titles in these Terms are for convenience only and have no legal or contractual effect.  Any provision in these Terms that by its nature should survive the termination of your license to access the Application or any termination of these Terms (including, without limitation, provisions governing indemnification, limitations on liability, disclaimers of warranty, and ownership of intellectual property) will continue to remain in full force and effect after any such termination.

These Terms are governed by the laws of the State of California, excluding its conflict and choice of laws principles. Any controversy or claim arising out of or relating to the Application or these Terms must be commenced within one year after the claim arose and will be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association.   Any such controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party.  The arbitration will be conducted in San Francisco, CA, and judgment on the arbitration award may be entered into any court of competent jurisdiction.  The award of the arbitrator will be final and binding upon the parties without appeal or review except as permitted by California law.  Either party may seek any interim or preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect the party's rights or property pending the completion of arbitration.

These Terms constitute the entire agreement between you and AppGrooves concerning the Application.  These Terms supersede all prior agreements or communications between you and AppGrooves regarding the subject matter of these Terms.

19. Notice Regarding Apple & Google

The Terms are between you and AppGrooves only, not with Apple and Google (collectively “App Stores”), and the App Stores are not responsible for the Application and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application. In the event of any failure of the Application to conform to any applicable warranty, then you may notify the App Stores and the App Stores will refund the purchase price for the relevant Application to you; and, to the maximum extent permitted by applicable law, the App Stores have no other warranty obligation whatsoever with respect to the Application. The App Stores are not responsible for addressing any claims by you or any third party relating to the Application or your possession and/or use of the Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. The App Stores are not responsible for the investigation, defense, settlement and discharge of any third party claim that the Application or your possession and use of the Application infringe that third party’s intellectual property rights. The App Stores, and the App Stores’ subsidiaries, are third party beneficiaries of these Terms of Use, and upon your acceptance of the Terms of Use, the App Stores will have the right (and will be deemed to have accepted the right) to enforce the Terms of Use against you as a third party beneficiary of the Terms of Use. You hereby represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

20. Questions & Contact Information

If you have any questions or concerns about the Application, or these Terms, you may contact us through our website by contact@appgrooves.com or write us at:

AppGrooves, Corp.

940 Stewart Dr, #244

Sunnyvale, CA 94085

contact@appgrooves.com