GrooveCloud Terms of Service ("Terms")

Last updated: November 06, 2014

Please read these Terms of Service ("Terms", "Terms of Service") carefully before using the GrooveCloud mobile application (the "Service") operated by Don’t Panic Studios ("us", "we", or "our").

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

Definitions

You are about to join  GrooveCloud, provided by Don’t Panic Studio.  GrooveCloud is a music application running on the Android Operating System that allows multiple users to compose music pieces (“Sessions”) together, synchronously (at the same time) or asynchronously (in different times).

The GrooveCloud Service is provided by the means of:

Content

Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness.

By creating or uploading Content to the Service which is meant to be publicly availabe, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.

You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

You agree that in order to licence a piece of music composed with GrooveCloud to third parties, or to license a derived piece of music working on a composition firstly created with GrooveCloud to third parties, you must have first come to an agreement with all the contributors to the correspondent GrooveCloud session.

Accounts and Notifications

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.    

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

You agree to Don’t Panic Studios the right to send you automatic notifications or newsletter to your email address until account termination. You agree that you are responsible for any invitation to join the Service you send to a friend or associate.

Data Privacy

In order to register to GrooveCloud, you need to have a Google Play [1]  account linked to your Android smartphone or tablet. You agree to disclose Don't Panic Studios such information, which will remain confidential.

Usage of the Service

You agree that the intended usage of GrooveCloud is exclusively represented by the following operations: Creating a new Online Session, Joining an existing Online Session, Altering the content of the Online Session, exlusively using the GrooveCloud Application, Exporting the Online Session to audio files or Sharing the Session via messages or social network, Inviting other users to the Online Session via email, browsing the GrooveCloud community via Internet Browser.

You agree that every other use not listed in this previous section is strictly forbidden. You agree to interact with the Service exclusively using the web interfaces or applications that we provide to you, and will not interfere or disrupt any networked asset associated with it.

You agree that Don’t Panic Studios might update the application in the future and that the Users must download the latest version of the application available online to use the Service.

Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by Don’t Panic Studios.

Don’t Panic Studios has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Don’t Panic Studios shall 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 such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Indemnification for Breach of Terms of Use

You agree to indemnify and hold harmless Don't Panic Studios from and against any and all loss, expenses, damages, and costs, including without limitation reasonable attorneys fees, resulting, whether directly or indirectly, from your violation of the Terms. You also agree to indemnify and hold harmless Don't Panic Studios from and against any and all claims brought by third parties arising out of your use of any of the Websites or Services and the Content you make available via any of the Websites or Services by any means, including without limitation through a posting, a link, reference to Content, or otherwise.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY THE APPLICABLE LAW, DON’T PANIC STUDIOS  OFFERS THE WEBSITES AND SERVICES AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE WEBSITES OR SERVICES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. DON’T PANIC STUDIOS  DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED ON THE WEBSITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT CC’S SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DON’T PANIC STUDIOS DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE OR THE RESULT OF USE OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE.

Disclaimer of Warranty

EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW AND THEN ONLY TO THAT EXTENT, IN NO EVENT WILL DON’T PANIC STUDIOS, ITS EMPLOYEES, OFFICERS, DIRECTORS, AFFILIATES OR AGENTS BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, LOST PROFITS, PAIN AND SUFFERING, EMOTIONAL DISTRESS, COST OF SUBSTITUTE GOODS OR SERVICES, OR SIMILAR DAMAGES SUFFERED OR INCURRED BY YOU OR ANY THIRD PARTY THAT ARISE IN CONNECTION WITH THE WEBSITES OR SERVICES (OR THE TERMINATION THEREOF FOR ANY REASON), EVEN IF DON’T PANIC STUDIOS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. DON’T PANIC STUDIOS SHALL NOT BE RESPONSIBLE OR LIABLE WHATSOEVER IN ANY MANNER FOR ANY CONTENT POSTED ON THE WEBSITES OR SERVICES (INCLUDING CLAIMS OF INFRINGEMENT RELATING TO CONTENT POSTED ON THE WEBSITES OR SERVICES, FOR YOUR USE OF THE WEBSITES AND SERVICES, OR FOR THE CONDUCT OF THIRD PARTIES WHETHER ON THE WEBSITES, IN CONNECTION WITH THE SERVICES OR OTHERWISE RELATING TO THE WEBSITES OR SERVICES.

Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service. In such case, your account will be terminated after 12 months of inactivity.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Italy, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

Contact Us

If you have any questions about these Terms, please contact us.


[1] ©  Every trademark is owned by the respective proprietary.