Grove ("Grove" or "we") is a wholly-owned subsidiary of Sol 5 Studios, LLC and is a social networking service that allows Members to create unique personal profiles online in order to find and communicate with others. The services offered by Grove include the website (the "Website"), the Grove Virtual Reality Platform ("GroveVR" or the "Platform"), and any other features, content, or applications offered from time to time by Grove in connection with the Website or Platform (collectively, the "Grove Services"). GroveVR allows Members to create, find, and join support groups (the "Groups"). The Grove Services are hosted in the U.S.
Grove may modify this Agreement from time to time and such modification shall be effective upon posting by Grove on the Grove Website. You agree to be bound to any changes to this Agreement when you use the Grove Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.
Please choose carefully the information you post and/or discuss on Grove and that you provide to other members. Your Grove profile may not include the following items: telephone numbers, street addresses, and any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other Grove Members (for instance, in their Profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and Grove assumes no responsibility or liability for this material. If you become aware of misuse of the Grove Services by any person, please contact Grove at firstname.lastname@example.org.
Grove reserves the right, in its 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 all or any part of the Grove Services at any time, for any or no reason, with or without prior notice, and without liability. Grove expressly reserves the right to remove your profile and/or restrict, suspend, or terminate your access to any part of Grove Services if Grove determines, in its sole discretion, that you pose a threat to Grove and/or its members. Grove reserves the right to restrict, suspend, terminate, or modify any Group and/or Groups at any time, for any or no reason, with or without prior notice, and without liability.
This Agreement shall remain in full force and effect while you use the Grove Services or are a Member. You may terminate your Membership at any time, for any reason, by emailing email@example.com. Grove may terminate your Membership at any time, without warning. Even after Membership is terminated, the obligations of the Member and rights of Grove shall survive, including the obligations and rights included in sections 5-17 respectively.
You acknowledge that Grove reserves the right to charge for the Grove Services and to change its fees from time to time at its discretion. If Grove terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of subscription fees.
When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify Grove immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
5. Non-commercial Use by Members.
The Grove Services are for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Grove in writing. Illegal and/or unauthorized use of the Grove Services, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Grove Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of Membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the Grove Services.
6. Proprietary Rights in Content on Grove.
A. Grove does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, "Content") that you post to the Grove Services. After posting your Content to the Grove Services, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By displaying or publishing ("posting") any Content on or through the Grove Services, you hereby grant to Grove a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through the Grove Services. The license you grant to Grove is non-exclusive (meaning you are free to license your Content to anyone else in addition to Grove), fully-paid and royalty-free (meaning that Grove is not required to pay you for the use on the Grove Services of the Content that you post), sub licensable (so that Grove is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the Grove Services), and worldwide (because the Internet and the Grove Services are global in reach). This license will terminate at the time you remove your Content from the Grove Services.
B. You represent and warrant that: (i) you own the Content posted by you on or through the Grove Services or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the Grove Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the Grove Services.
C. The Grove Services contain Content of Grove ("Grove Content"). Grove Content is protected by copyright, trademark, patent, trade secret and other laws, and Grove owns and retains all rights in the Grove Content and the Grove Services. Grove hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the Grove Content (excluding any software code) solely for your personal use in connection with viewing the Grove Website and using the Grove Services.
D. The Grove Services contain Content of members and other Grove licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Grove Services.
7. Content Posted.
A. Grove may delete any Content that in the sole judgment of Grove violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. Grove assumes no responsibility for monitoring the Grove Services for inappropriate Content or conduct. If at any time Grove chooses, in its sole discretion, to monitor the Grove Services, Grove nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the member submitting any such Content.
B. You are solely responsible for the Content that you post on or through any of the Grove Services, and any material or information that you transmit to other Members and for your interactions with other members. Grove does not endorse and has no control over the Content. Content is not necessarily reviewed by Grove prior to posting and does not necessarily reflect the opinions or policies of Grove. Grove makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members.
8. Content/Activity Prohibited/Security
8.1 The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the Grove Services. Grove reserves the right to investigate and take appropriate legal action against anyone who, in Grove's sole discretion, violates this provision, including without limitation, removing the offending communication from the Grove Services and terminating the Membership of such violators and/or reporting to the enforcement authorities. Prohibited content and activity includes, but is not limited to following (in the sole discretion of Grove):
A. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
B. harasses or advocates harassment of another person;
C. exploits people in a sexual or violent manner;
D. contains nudity, violence, or offensive subject matter or contains a link to an adult website;
E. solicits personal information from anyone under 18;
F. provides any telephone numbers, street addresses, URLs, or email addresses;
G. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
H. promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
I. involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "phishing," or "spamming";
J. contains restricted or password-only access pages or hidden pages or images (those not linked to or from another accessible page);
K. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
L. solicits passwords or personal identifying information for commercial or unlawful purposes from other members;
M. involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
N. includes a photograph of another person that you have posted without that person's consent; or
O. uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile.
8.2 The following is a partial list of the kind of activity that is illegal or prohibited through your use of the Grove Services. Grove reserves the right to investigate and take appropriate legal action against anyone who, in Grove's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
A. criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets
B. advertising to, or solicitation of, any Member to buy or sell any products or services through the Grove Services. You may not transmit any chain letters or junk email to other Members. It is also a violation of these rules to use any information obtained from the Grove Services in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, Grove reserves the right to restrict the communication between Members in anyway Grove deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the Grove Services, you acknowledge that you will have caused substantial harm to Grove, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay Grove $500 for each such unsolicited email or other unsolicited communication you send through the Grove Services;
C. any automated use of the system, such as using scripts to add friends, send comments or messages, create Groups, join Groups, or disrupt Grove Services in any way;
D. interfering with, disrupting, or creating an undue burden on the Grove Services or the networks or services connected to the Grove Services;
E attempting to impersonate another Member or person;
F. using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
G. selling or otherwise transferring your profile;
H. using any information obtained from the Grove Services in order to harass, abuse, or harm another person;
I. displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Grove Services on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, or sending private messages with a commercial purpose; or
J. using the Grove Services in a manner inconsistent with any and all applicable laws and regulations.
8.3 Furthermore, you cannot advertise to, or solicit any Member to buy or sell any products or services through the Grove Services. You may not transmit any chain letters or junk email to other Members. It is also a violation of these rules to use any information obtained from the Grove Services in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, Grove reserves the right to restrict the communication between Members in anyway Grove deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the Grove Services, you acknowledge that you will have caused substantial harm to Grove, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay Grove $500 for each such unsolicited email or other unsolicited communication you send through the Grove Services.
8.4 In using the Grove Services, you agree:
A. not to attempt to modify, adapt, translate, sell, reverse engineer, decompile or disassemble any portion of the Grove Services;
B. not to tamper with other persons' access to Grove Services or commit unauthorised intrusion into any part of the its Website and/or Platform, including computers, files, accounts, networks and equipment;
C. not to attempt to bypass the network firewall;
D. not to use any part of the Grove Services for which you are not authorised or devise ways to circumvent security in order to access part of the website for which you are not authorised - including but not limited to, scanning networks with the intent to breach and/or evaluate security, whether or not the intrusion results in access or not;
E. not to attempt to misuse the Grove Services - including but is not limited to password cracking, social engineering (defrauding others into releasing their passwords), denial-of-service attacks, harmful and malicious destruction of data, injection of computer viruses, or intentional invasion of privacy.
9. Copyright Policy.
You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of Grove to terminate Membership privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of proper notification to Grove by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Grove Services in a way that constitutes copyright infringement, please email firstname.lastname@example.org with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Grove Services; (iv) your address, telephone number, and email address; (v) a written 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; (vi) 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.
10. Member Disputes.
You are solely responsible for your interactions with other Grove Members. Grove reserves the right, but has no obligation, to monitor disputes between you and other Members.
12. Community Standards.
While Grove is not responsible for any behavior, actions, or activity (collectively, "Member Behavior") of a Member or a group of Members, Grove does require members to agree to the following community standards. Grove assumes no responsibility for monitoring Member Behavior. If at any time Grove chooses, in its sole discretion, to monitor Member Behavior, Grove nonetheless assumes no responsibility for the Member Behavior, no obligation to enforce Member Behavior, and no obligation to remove the Member. Grove reserves the right, in its sole discretion, to restrict, suspend, or terminate your access to all or any part of Grove Services at any time for not adhering to the Community Standards as Grove sees fit. Without limiting the foregoing, if you believe that another Member is not adhering to the community standards, please email email@example.com to report the issue. By using Grove Services, you are agreeing to follow the community standards. The community standards are:
A. Any information gained about another member through Grove Services is private and sensitive in nature. Members must not discuss another Member's information without that Members written permission.
B. Grove and all Grove Services are judgment-free. You are not to make another Member feel judged, isolated, outcast, or otherwise experience negative emotional feelings.
Grove is not responsible for any incorrect or inaccurate Content posted on the Grove Website and/or Platform or in connection with the Grove Services, whether caused by members of the Grove Services or by any of the equipment or programming associated with or utilized in the Grove Services. Profiles created and posted by Members on the Grove Services may contain links to other websites. Grove is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by Grove. Inclusion of any linked website on the Grove Services does not imply approval or endorsement of the linked website by Grove. When you access these third-party sites, you do so at your own risk. Grove takes no responsibility for third party advertisements which are posted on the Grove Website or through the Grove Services, nor does it take any responsibility for the goods or services provided by its advertisers. Grove is not responsible for the conduct, whether online or offline, of any Member of the Grove Services. Grove assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any Member communication. Grove is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or communication due to technical problems or traffic congestion on the Internet or on any of the Grove Services or combination thereof, including any injury or damage to Members or to any person's computer related to or resulting from participation or downloading materials in connection with the Grove Services. Under no circumstances shall Grove be responsible for any loss or damage, including personal injury or death, resulting from use of the Grove Services, attendance at a Grove event, from any Content posted on or through the Grove Services, or from the conduct of any Members of the Grove Services, whether online or offline. The Grove Services are provided "AS-IS" and as available and Grove expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Grove cannot guarantee and does not promise any specific results from use of the Grove Services.
14. Limitation on Liability.
IN NO EVENT SHALL GROVE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF GROVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, GROVE'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO GROVE FOR THE GROVE SERVICES DURING THE TERM OF MEMBERSHIP.
15. U.S. Export Controls.
Software available in connection with the Grove Services (the "Software") is further subject to United States export controls. No Software may be downloaded from the Grove Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
If there is any dispute about or involving the Grove Services, you agree that the dispute shall be governed by the laws of the State of Georgia, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of Georgia, City of Atlanta. Either Grove or you may demand that any dispute between Grove and you about or involving the Grove Services must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in Atlanta, Georgia, USA, provided that the foregoing shall not prevent Grove from seeking injunctive relief in a court of competent jurisdiction.
You agree to indemnify and hold Grove, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Grove Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post and/or discuss on the Grove Website and/or Platform or through the Grove Services causes Grove to be liable to another.
This Agreement is accepted upon your use of Grove or any of the Grove Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and Grove regarding the use of the Grove Services. The failure of Grove to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Grove is a trademark of Sol 5 Studios, LLC. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.