end user license agreement

END USER LICENSE AGREEMENT

EFFECTIVE DATE: November 17, 2021

 

This copy of Groupie (“the Software Product”) and accompanying documentation is licensed and not sold. This Software Product is protected by copyright laws and treaties, as well as laws and treaties related to other forms of intellectual property. Groupie Studios LLC or its subsidiaries, affiliates, and suppliers (collectively “Groupie”) own intellectual property rights in the Software Product. The Licensee’s (“you” or “your”) license to download, use, copy, or change the Software Product is subject to these rights and to all the terms and conditions of this End User License Agreement. (“Agreement”).

 

Acceptance

YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, AS WELL AS GROUPIE’S TERMS OF SERVICE, COMMUNITY GUIDELINES, AND PRIVACY POLICY, BY INSTALLING, USING, OR COPYING THE SOFTWARE PRODUCT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU MUST NOT INSTALL, USE, OR COPY THE SOFTWARE PRODUCT IN ANY WAY, SHAPE, OR FORM.

 

License Grant

This Agreement entitles you to install and use one copy of the Software Product. In addition, you may make one archival copy of the Software Product. The archival copy must be on a storage medium other than a hard drive, and may only be used for the reinstallation of the Software Product. This Agreement does not permit the installation or use of multiple copies of the Software Product, or the installation of the Software Product on more than one computer at any given time, on a system that allows shared use of applications, on a multi-user network, or on any configuration or system of computers that allows multiple users. Multiple copy use or installation is only allowed if you obtain an appropriate licensing agreement for each user and each copy of the Software Product.

 

Restrictions on Transfer

Without first obtaining the express written consent of Groupie, you may not assign your rights and obligations under this Agreement, or redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer your rights to the Software Product.

 

Restrictions on Use

You may not use, copy, or install the Software Product on any system with more than one computer, or permit the use, copying, or installation of the Software Product, by more than one user or on more than one computer. If you hold multiple, validly licensed copies, you may not use, copy, or install the Software Product on any system with more than the number of computers permitted by license, or permit the use, copying, or installation by more users, or on more computers than the number permitted by license.

 

You may not decompile, “reverse-engineer”, disassemble, or otherwise attempt to derive the source code for the Software Product.

 

You may not use the database portion of the Software Product in connection with any software other than the Software Product.

 

Restrictions on Alteration

You may not modify the Software Product or create any derivative work of the Software Product or its accompanying documentation. Derivative works include but are not limited to translations. You may not alter any files or libraries in any portion of the Software Product. You may not reproduce the database portion or create any tables or reports relating to the database portion. 

 

Restrictions on Copying

You may not copy any part of the Software Product except to the extent that licensed use inherently demands the creation of a temporary copy stored in computer memory and not permanently affixed on storage medium. You may make one archival copy which must be stored on a medium other than a computer hard drive.

 

Safety

As stated in our Terms of Service, Groupie values your, and the rest of our community’s, safety and we try our hardest to keep our App (“Services”) a safe place for all groupies (“Users”). But we cannot guarantee this, because people really do be jerks on the internet and love to ruin the fun. That being said, we need you to maintain this level of positivity throughout the Groupie community! By using our Services, you agree that:

 

You will not violate any law, contract, intellectual property or other third-party right or unlawfully injure another person or their property, and that you are solely responsible for your conduct on the Services and you use the Services at your own risk. We’re not in elementary school anymore, so please act mature and let’s make Groupie a positive environment for any and all users!

 

You will not post, store, create, or otherwise publish or send through the Services any User Content that violates our Community Guidelines, which can be found in the App and on our website and may be updated every so often. 

 

You will not impersonate another person in a manner that is intended to or does mislead, confuse or deceive others. Be yourself please, and thank you.

 

You will not post or share another individual’s private information without their express authorization and permission. 

 

You will not attempt to indicate that you have a relationship with Groupie or that Groupie has endorsed you or any products or services.

 

You will not defame, abuse, bully, harass, stalk, threaten, or otherwise violate the legal rights of others.

 

You will not use racially or ethnically offensive language. 

 

You will not discuss or incite illegal or violent activity. 

 

You will not post, show on profile, or share Submissions that exploit children or minors or that depict cruelty to animals.

 

You will not post or share Submissions that violate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicly or any other intellectual property or proprietary right.

 

You will not disseminate any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of such solicitation. 

 

You will not use any robot, spider, crawler, scraper or other automated means to access the Services.

 

You will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure.

 

You will not use or develop any third-party applications that interact with the Services or Submissions without our prior written consent.

 

You will not alter the opinions or comments posted by others on the App.

 

You will not post or make your profile photo any image containing or promoting discrimination based on race, religion, sex, nationality, disability, sexual orientation or age. Furthermore, you will not create a post or make your profile image containing anything that violates the legal rights (including the rights of publicity and privacy) of others or contains material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with this EULA, Terms of Service, Community Guidelines, and our Privacy Policy.

 

You will not send any message containing or promoting hate speech, discrimination based on race, religion, sex, nationality, disability, sexual orientation, or age. Furthermore, you will not send a message containing anything that violates the legal rights (including the rights of publicity and privacy) of others or contains material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with this EULA, our Terms of Service, Community Guidelines, and our Privacy Policy.

 

You will not attempt to circumvent any of our content-filtering techniques.

 

You will not post or share anything inappropriate or disruptive to the Services.

 

You will not disrupt, negatively affect or inhibit users from having a positive experience with the Services. Again, this community is built around positivity and self-love. Take your negativity elsewhere.

 

You will not use the Services in violation of our EULA, Terms of Service, Community Guidelines, and Privacy Policy for any unlawful purposes.

 

You will not post or share anything contrary to our public image, goodwill or reputation.

 

This list of prohibitions provides examples and is not exhaustive or exclusive. Groupie reserves the right to 1). suspend or terminate access and your ability to post to the Services (or otherwise use the Services), 2). delete, remove, or refuse to distribute any Submissions, all with or without cause and with or without notice, for any reason or no reason without liability to you. If Groupie believes a Submission violates this EULA, Groupie’s Terms of Service, or Groupie’s Privacy Policy, it may make that Submission invisible to other users without notifying you. Your Submission will be visible to you, but will not appear for any other user. Groupie may report to law enforcement authorities for any actions that may be illegal, and any reports it receives of such conduct. When legally required or at Groupie’s discretion, Groupie will cooperate with law enforcement agencies in any investigation of alleged illegal activity on the Services or on the internet. To the extent the law allows, we reserve the right to reveal your identity or any other information we know about you if a complaint or legal action arises from your Submission or message(s).

 

Unauthorized use of any Property or Third-Party Content contained in the Services may violate certain laws and regulations. You agree to indemnify and hold us and our parents, subsidiaries, and affiliates, and our and their respective officers, directors, members, shareholders, employees, contractors, consultants, agents, representatives, licensors, suppliers, services providers, successors and assigns (collectively, the “Indemnified Entities”) harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defense) Groupie or any other Indemnified Entity suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of the Services or the use of the Services by any person using your phone number or email account to register and/or your password violates any applicable law or regulation, or the copyrights, trademark rights or other rights of any third party. 

 

Third-Party Content, Links, and Information

As mentioned in our Terms of Service, Groupie’s Services may include content posted or uploaded by third parties (“Third-Party Content”). Unless our Services make clear otherwise, we do not claim ownership of Third-Party Content and it does not necessarily express our views. Because it’s not content we have posted or uploaded, we aren’t responsible for Third-Party Content and cannot verify its accuracy, timeliness, completeness or usefulness. We have the right, but not the obligations, to monitor, edit or remove the Third-Party Content from the App. Your use or reliance on Third-Party Content is at your own risk, and we aren’t responsible for it.

 

If you have a dispute with any other user of our Services or any third-party, you agree that the dispute is between you and the third party and we are under no obligation to become involved, and you release us and our parents, subsidiaries, affiliates, members, officers, directors, shareholders, employees, consultants, service providers, licensors, successors, assigns, and business partners from claims, demands, and damages of every kind or nature arising out of, relating to, or in any way connected to such dispute. 

 

Our Services may use third-party trademarks and logos to identify third parties and resources.  Our use of these marks does not imply affiliation with or endorsement of the third party. These marks are the property of their respective owners.

 

​​You may experience links to third-party materials or other access to other sites that are not owned, controlled or even in relationship with Groupie. Groupie has no control over such sites and resources and Groupie is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that Groupie will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Groupie has no liability for any loss or claim for use of any third-party website, service, or content while using the Service. If an advertiser were to promote a service or good on Groupie, your relationship is solely between you and the advertiser. Groupie isn’t responsible for any loss or damages from a relationship with the advertiser.

 

Music Account Information

By creating an account, you agree to provide Groupie access to your personal Music Streaming Service account’s data and information made available via this Music Streaming Service and the Music Streaming Service’s API (“Listening Data”), including, but not limited to, your listening habits, saved music, profile, activity, and profile content. You acknowledge that your Music Streaming Service owns all right to this Listening Data and that Groupie is simply accessing it for app functionality and analytic purposes. That being said, this Listening Data doesn’t include your User Data, and the use of the Listening Data is subject to the applicable terms of conditions and privacy policy of the Music Streaming Service. By allowing Groupie access to your Listening Data, you also agree to abide by the applicable terms and conditions of your Music Streaming Service. To read the terms and conditions and privacy policy for your Music Streaming Service, please view the links provided below.

 

Terms and Conditions: https://www.spotify.com/us/legal/end-user-agreement/

Privacy Policy: https://www.spotify.com/us/legal/privacy-policy/

Disclaimer of Warranties and Limitation of Liability

UNLESS OTHERWISE EXPLICITLY AGREED IN WRITING BY GROUPIE, GROUPIE MAKES NO OTHER WARRANTIES , EXPRESS OR IMPLIED, IN FACT OR IN LAW, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OTHER THAN AS SET FORTH IN THIS AGREEMENT OR IN THE LIMITED WARRANTY DOCUMENTS PROVIDED WITH THE SOFTWARE PRODUCT.

 

Groupie makes no warranty that the Software Product will meet your requirements or operate under your specific conditions of use. Groupie makes no warranty that operation of the Software Product will be secure, error free, or free from interruption. YOU MUST DETERMINE WHETHER THE SOFTWARE PRODUCT SUFFICIENTLY MEETS YOUR REQUIREMENTS FOR SECURITY AND UNINTERRUPTABILITY. YOU BEAR SOLE RESPONSIBILITY AND ALL LIABILITY FOR ANY LOSS INCURRED DUE TO FAILURE OF THE SOFTWARE PRODUCT TO MEET YOUR REQUIREMENTS. GROUPIE WILL NOT. UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE FOR THE LOSS OF DATA ON ANY COMPUTER OR INFORMATION STORAGE DEVICE. 

 

UNDER NO CIRCUMSTANCES SHALL GROUPIE, ITS DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY OTHER PARTY FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING OST REVENUES OR PROFITS OR LOSS OF BUSINESS) RESULTING FROM THIS AGREEMENT, OR FROM THE FURNISHING, PERFORMANCE, INSTALLATION, OR USE THE SOFTWARE PRODUCT, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, OR THE NEGLIGENCE OF GROUPIE OR ANY OTHER PARTY, EVEN IF GROUPIE IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT THE APPLICABLE JURISDICTION LIMITS GROUPIE’S ABILITY TO DISCLAIM ANY IMPLIED WARRANTIES, THIS DISCLAIMER SHALL BE EFFECTIVE TO THE MAXIMUM EXTENT PERMITTED.

 

Limitation of Remedies and Damages

Your remedy for a breach of this Agreement or of any warranty included in this Agreement is the correction or replacement of the Software Product. Selection of whether to correct or replace shall be solely at the discretion of Groupie. Groupie reserves the right to substitute functionally equivalent copy of the Software Product as a replacement. If Groupie is unable to provide a replacement or substitute Software Product or corrections to the Software Product, your sole alternative remedy shall be a refund of the purchase price for the Software Product exclusive of any costs for shipping and handling.

 

Any claim must be made within the applicable warranty period. All warranties cover only defects arising under normal use and do not include malfunctions or failure resulting from misuse, abuse, neglect, alteration, problems with electrical power, acts of nature, unusual temperatures or humidity, improper installation, or damage determined by Groupie to have been caused by you. All limited warranties on the Software Product are granted only to you and are non-transferable. You agree to indemnify and hold Groupie harmless from all claims, judgements, liabilities, expenses, or costs arising from your breach of this Agreement and/or acts or omissions.

 

Governing Law Jurisdiction and Costs 

This Agreement is governed by the laws of Kentucky, without regard to Kentucky’s conflict or choice of law provisions. 

 

Severability

If any provision of this Agreement shall be held to be invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect. To the extent any express or implied restrictions are not permitted by applicable laws, these express or implied restrictions shall remain in force and effect to the maximum extent permitted by such applicable laws.

 

Additional Information

For more information, please view Groupie’s Terms of Service, Privacy Policy, and Community Guidelines via our website below.