Please read these terms and conditions of use carefully before using Groovy Music. By clicking "I Agree" on the button below, you signify your agreement to these terms of use, which constitute a binding legal agreement. If you do not agree to these terms of use, click "CANCEL" and DO NOT set up a membership account to use Groovy Music. THESE TERMS AND CONDITIONS ALSO APPLY TO THE USE OF A USER ACCOUNT THAT HAS ALREADY BEEN SET UP. PLEASE READ THEM CAREFULLY. By using Groovy Music, you signify your agreement to these terms of use, which constitute a binding legal agreement.

If you are under the age of 18 you must obtain parental consent to register for the Groovy Music Services.  By clicking I agree below you are indicating either that you are 18 years of age or older, or that you are a parent or legal guardian of a child who is 17 or younger, or, if you are a teacher, that you are expressly authorized by the parent or legal guardian of a child who is 17 or younger to register the child to use the Groovy Music Services.

If you do not agree to these terms of use, do not use Groovy Music. 

We reserve the right, at our discretion, to change, modify, add, or remove portions of these terms at any time. Please check these terms on the Groovy Music website periodically for changes. Your continued use of Groovy Music following the posting of changes to these terms will mean you accept those changes.

Groovy Music is copyright © 2007 Sibelius Software, a division of Avid Technology, Inc, and its licensors.

1. Definitions

The Software: All software, documentation, content and any other  material accessed through the software on Groovy Music

The Licensor (collectively "The Licensor", "we", "us", or "our"): Avid Technology, Inc., of Avid Technology Park, One Park West, Tewksbury, MA 01876 USA, through its division Sibelius Software, of 20-23 City North, Fonthill Road, London N4 3HF, UK, and its licensors.

The Groovy Music Services (or The Services):  Groovy Music is a service that allows users to upload, view and listen to the songs they create with Groovy Music software online, so that they may be shared with other users. The service includes search facilities, song rating and a means of users commenting on each other’s songs by means of using pre-prepared comments. Users may also download other users songs in editable form.

2. Title Not Transferred

2.1 These terms do not transfer title to The Software or any element of the Services to you. The rights granted herein are limited to certain of The Licensor's rights and do not include any other patents or other intellectual property rights. The Licensor retains full and complete title to The Software and all intellectual property rights therein.

3. User Submitted Materials

3.1 By uploading or otherwise submitting any materials to us and/or the Site, you (and your parents, if you're under the age of 18) automatically grant (or warrant that the owner of such rights has expressly granted) to The Licensor a perpetual, royalty-free, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, and distribute such materials or incorporate such materials into any form, medium, or technology (now known or hereafter developed or devised), throughout the universe. You (and your parents, if you are under the age of 18) also grant The Licensor the right to grant third parties the right to do all of the foregoing.  In addition, you warrant that all so-called "moral rights" and other rights recognized throughout the world (including without limitation, the European Economic Community) in those materials have been waived with respect to The Licensor's use of the materials.

3.2  You expressly agree that any materials uploaded to the Groovy Music site are exclusively your own original work and do not include any content, composition or direction belonging to or originating from any third party.  Without limiting the foregoing, you agree that that the content you upload is not protected under any copyright, trademark, trade secret or any other right owned by other person.

4.      Licensor Rights In The Groovy Music Site and Services

Unless otherwise indicated, t he design of the site and all content provided on this site and through the Services is the property of Licensor and/or Its related and affiliate companies. Elements of the site, including but not limited to logos, graphics, sounds or images, are protected by copyright, and other laws, and may not be copied or imitated, unless specifically indicated in these Terms of Use.

5.      Copyright Complaint Policy

Licensor expects the users of these Services to respect the copyrights of others. It is a violation of the Terms of Use for a user to post material that infringes the copyrights of others.

Licensor may, under appropriate circumstances and in accordance with the Terms of Use, terminate the accounts of users who post material that Avid has reason to believe infringes on the copyrights of others.

In accordance with the Digital Millennium Copyright Act ("DMCA") 17 U.S.C. § 512 of the United States of America , Licensor has appointed a Designated Agent to receive notification of claimed copyright infringement. If you believe that material on the site infringes a copyright, you may provide written notice to our Designated Agent containing the following information:

(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.

(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.

(iv) Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.

(v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please provide all of the information listed above, or we may not able to process your complaint.

Send your notification of claimed infringement to Licensor's Designated Agent for copyright complaints as follows:

Jason A. Duva, Esq.
Corporate Counsel
Avid Technology, Inc.
Avid Technology Park
One Park West
Tewksbury, MA 01876
U.S.A.
tel: (978) 640-6789
fax: (978) 851-7216
email: copyright@avid.com

Please note that any information provided under this Complaint Policy, including the original notification and any responses to it, may be shared with others as deemed by Licensor necessary or appropriate to process your notification. This may constitute an exception to our Privacy Policy.

6. Privacy Policy

6.1 Use of any information gathered during, or by, your use of The Software or the Groovy Music services shall be governed by The Licensor’s privacy policy currently located at https://secure.groovymusic.com/index.php?groovy=home.privacy

By using The Software and the Services, you signify your agreement to The Licensor’s Privacy Policy. If you do not agree to the Privacy Policy, do not use The Software or the Service.

6.2 We reserve the right, at our discretion, to change, modify, add, or remove portions of The Licensor’s privacy policy at any time. Changes shall be posted on The Licensor’s website. Your continued use of this site following the posting of these changes to the privacy policy will mean you accept those changes.

7.  Rules For Use of the Service

You are prohibited from using the Groovy Music Site, Services or software to post, transmit or send any unsolicited chain letters or "spam", or any threatening, harassing, libelous, false, defamatory, offensive, obscene, or pornographic material, or other material that would violate any applicable law or regulation.   However, if such communications do occur, Groovy Music will have no liability related to the content of any such communications.

Except where expressly permitted in writing, you may not post or transmit to the Groovy Music Site any advertising, surveys, promotional materials, contests, or any other commercial or non-commercial solicitations.

You are also prohibited from impersonating any individual or allowing third parties to use your account, username or password.

8. No Warranty

8.1 THE SOFTWARE AND THE SERVICES (INCLUDING WITHOUT LIMITATION ANY CONTENT) IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, OR STATUTORY.

8.2 TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE LICENSOR DISCLAIMS ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE. WE DO NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT YOUR ACCESS OR OPERATION OF THE SOFTWARE OR ANY CONTENT ACCESSIBLE THROUGH THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE GROOVY MUSIC SITE OR THE OTHER SITES OF THE LICENSOR (OR ANY SERVERS THAT MAKE SUCH MATERIALS AVAILABLE) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE, OR THAT THE USE OF THE SOFTWARE WILL NOT ADVERSELY AFFECT YOUR OR ANY OTHER PERSON’S USE OF THE COMPUTER(S) ON WHICH THE SOFTWARE IS ACCESSED FROM. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THE LICENSOR OR GROOVY MUSIC OR AN AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OF ANY KIND. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF EXPRESS OR IMPLIED WARRANTIES, SO CERTAIN OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU, MAY ALSO HAVE OTHER LEGAL RIGHTS WHICH VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

9. Indemnification

9.1 You hereby agree to indemnify, defend, and hold us and our affiliates and our officers, directors, owners, agents, information providers, licensors, and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liabilities and costs (including reasonable attorney’s fees) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of this agreement.

9.2 You shall use your best efforts to cooperate with us in the defense of any claim.

9.3 We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

10. Limitation on Liability

10.1 UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE BE LIABLE FOR ANY PERSONAL INJURY OR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, OR BUSINESS INTERRUPTION UNDER ANY LEGAL THEORY (TORT, CONTRACT OR OTHERWISE), THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SOFTWARE, SERVICES, OR MATERIALS OR FUNCTIONS AVAILABLE THROUGH THE SOFTWARE OR THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10.2 APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SOFTWARE, OR THE SERVICES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SOFTWARE AND/OR THE SERVICES (AS APPLICABLE). WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT [INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE], OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU TO THE LICENSOR FOR THE SOFTWARE, OR THE SERVICES, IF ANY, FOR ACCESSING THE SOFTWARE OR THE SERVICES, OR $50, WHICHEVER IS LESS.

10.3 The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

11. Jurisdiction

We make no representation that The Software is appropriate or available for use in any particular location. Those who choose to use The Software do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

12. Termination

12.1 These terms are effective until terminated by either party. We reserve the right, in our sole discretion, to terminate your access to any or all of The Software and the Services or any portion thereof at any time, without notice, which such termination may include an automatic closure of your user account by The Licensor

12.2 You may terminate these terms at any time by canceling your user account and discontinuing use of The Software.

13. Export Law Assurances

13.1 You agree not to use or otherwise export or re-export The Software except as authorized by English law and the laws of the jurisdiction in which The Software was obtained. Without limited the foregoing, The Software may not be exported or re-exported (a) into (or to a national resident of) any United Kingdom and U.S. embargoed countries (currently Cuba, Iran, Iraq, Libya, North Korea, Sudan and Syria) or (b) to anyone on the United Kingdom or U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using The Software, you represent and warrant that you are not located in, under control of, or a national resident of any such country or on any such list.

14 . Miscellaneous

14 .1 No failure to exercise and no delay in exercising on the part of the Licensor of any right, power or privilege arising hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies of the Licensor in connection herewith are not exclusive of any rights or remedies provided by law.

14 .2 This License is intended by the parties hereto to be a final expression of their agreement with respect to the subject matter hereof and a complete and exclusive statement of the terms of such agreement. This License supersedes any and all prior understandings, whether written or oral, between you and the Licensor relating to the subject matter hereof.

14 .3 (This section only applies if you are resident in the European Union:) This License shall be construed and governed by the laws of England, and both parties agree to submit to the exclusive jurisdiction of the English courts.

14 .4 (This section only applies if you are not resident in the European Union:) This License shall be construed and enforced in accordance with and governed by the laws of the State of California. Any suit, action or proceeding arising out of or in any way related or connected to this License shall be brought and maintained only in the United States District Court for the Northern District of California, sitting in the City of San Francisco. Each party irrevocably submits to the jurisdiction of such federal court over any such suit, action or proceeding. Each party knowingly, voluntarily and irrevocably waives trial by jury in any suit, action or proceeding (including any counterclaim), whether at law or in equity, arising out of or in any way related or connected to this License or the subject matter hereof.

14 .5 If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.

14 .6 These Terms and Conditions, together with the Groovy Music Privacy Policy incorporated herein by reference (and available here https://secure.groovymusic.com/index.php?groovy=home.privacy) constitutes the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, signed by both parties.

(Groovy Music Terms and Conditions version 0.1 Draft, November 7, 2007)

Groovy Music Privacy Policy

Groovy Music is committed to providing a fun, entertaining, and safe website for people of all ages. We are dedicated to safeguarding any personal information collected online and to helping parents and children learn how to exercise control over personal information while exploring the Internet. We ensure that our privacy policy and our information practices adhere to the U.S. Department of Commerce's Safe Harbor Principles and the UK Data protection Act (1998). Because many of the visitors to this site are children, we take care that our content is suitable for children. In addition, we take special measures to help children protect their privacy while online. For example, we do not ask children to disclose more personal information than is necessary for them to participate in a particular activity, and we take efforts to prevent children from posting contact information.

To help ensure a rewarding online experience for our visitors - and for the parents of our visitors who are children - we provide you with this summary of our information practices.

As we continue to offer our visitors new and different types of content and services, we may modify our practices from time to time. However, we will treat all personal information we collect in accordance with the privacy notice in effect at the time the information is collected.

1. The Information We Collect
At Groovy Music, the only personally identifiable information we collect from users 17 years old and younger is a parent's valid email address. And, we ONLY use this information to send the parent one message to activate their child's Groovy Music account.
Groovy Music requires users 18 years and older to enter either their or their parent or guardian’s valid email address in order to activate their account.
For some of our online activities - such as polls or surveys - we may ask users to provide additional information that is not personally identifiable, such as country of residence or a visitor's favorite color.
We do not knowingly collect names and email addresses from children under 18. We always require children under 18 to use a parent or guardians email address instead.
Additionally, when visitors come to our site, we automatically collect some non-personally identifiable "computer" information, such as the type of computer operating system (e.g., Windows XP or Mac OS), the user's "IP Address", the web browser (e.g., Netscape, Internet Explorer) being used, and information regarding the Internet service provider.
2. How We Use the Information
We have created an internal news system that allows users to rate each other’s uploaded songs without sending them information to their personal email address. We do not keep any personal information we obtain beyond the time it is needed. Sometimes we use a visitor's email address to track usage and to ensure users are following the site's Terms and Conditions.
We retain control of how all materials are used and displayed on the Groovy Music website.
We sometimes use the non-personally identifiable information that we collect to improve the design and content of our site, to personalize our visitors' experience on Groovy Music, and to offer products, programs, and services. We also may use this information in the aggregate to analyze site usage, as well as to offer products, programs, or services.
We will disclose information we maintain when required to do so by law, for example, in response to a court order or a subpoena. We also may disclose such information in response to a law enforcement agency's or other public agency's (including schools or children services) request or if we feel that such disclosure may prevent the instigation of a crime. Finally, we may disclose information to a prospective purchaser of Groovy Music acquiring all or most of the assets relating to Groovy Music, to the extent permitted by law. We may transfer personal information and store it outside of the jurisdiction in which a member of Groovy Music is located and, although such personal information will be protected by the security measures described in this privacy policy, it will be also be subject to local laws.
We will not use or transfer personally identifiable information in ways that are materially different from the ones described above without also providing parental notification of such practices and obtaining consent for any materially different uses.

3. Collection of Information for Third-Party Sites and Sponsors
Groovy Music is proud of the fact that we do not allow third-party companies to solicit or advertise to our users. Our intention is to keep Groovy Music free from any sort of direct advertising.

4. Cookies
Groovy Music uses a software technology called "cookies." Cookies are small text files that we place in visitors' computer browsers to store their preferences. Cookies themselves do not contain any personally identifiable information. Although cookies could enable us to relate a visitor's use of this web site to personal information that a visitor has provided, such as an email address, we do not use them for this purpose. We do use "cookies" to determine how many visitors we have and how often they visit various sections of our site.

5. Security
We have put in place appropriate physical, electronic, and managerial procedures to safeguard and help prevent unauthorized access, maintain data security, and correctly use the information we collect online.

6. Parental Review of Information
Parents, please send a letter or postcard to our Privacy Manager at the mailing address provided below if you would like to do any of the following:
Access the personally identifiable information that Groovy Music has collected online from your child, correct factual errors in such information, request to have this information deleted, or request that we no longer collect or maintain such information.
Please be sure to include your email address and a telephone number where we can reach you. To protect your child's privacy and security, we will take reasonable steps to help verify your identity before granting you access to the personal information that we collect and maintain about your child.

7. Contact Us
You are welcome to contact us should you have any inquiries regarding the privacy policy and/or practices.  The Privacy Program will only accept complaints regarding the misuse of personally identifiable information by a website operator.

9. A Final Note to Parents
The Internet offers a world of opportunity for children. Your guidance and involvement are essential to help ensure that children have a safe and rewarding online experience. We encourage you to visit the SafeKids.com site and look through the “Kids Rules” section together. Your efforts to instill responsible information practices will help steer your children to age-appropriate sites and will go a long way toward ensuring that your children have enriching experiences online.

10. Effective Date
The privacy policy set out above is effective as of 1 October, 2007, and applies to all information previously obtained by Groovy Music. Groovy Music reserves the right to change its privacy policy at its sole discretion. Groovy Music users will be informed of any such change by Groovy Music posting a new privacy policy on the Groovy Music website. The effective date of any change of privacy policy will be clearly marked.