- Welcome to Grooveshark!
Thanks for checking out and using Grooveshark! Grooveshark is provided by Escape Media Group, Inc. ("EMG", "we", "us" or "our"), a Delaware corporation headquartered at 201 SE 2nd Ave, Suite 201, Gainesville, FL 32601.
Grooveshark.com and its associated subdomains, including but not limited to, tinysong.com, widgets.grooveshark.com, beluga.grooveshark.com, preview.grooveshark.com and listen.grooveshark.com (collectively, the "Site") provide a free platform for the discovery and promotion of music, the sharing of information and comments about music, communication with other users, the posting, broadcasting, syndication of, and linking to or uploading of User Content (defined below), social networking, the Application Programming Interface (the "API") and other features, functions, and services (collectively, the "Service"). The Service includes the cataloging, indexing, sharing, broadcasting and streaming of User Content (as defined below).
This Agreement applies to all Users of the Service who use, listen to or share audio content and/or its associated metadata, information and other materials or services on the Service, regardless of whether such Users are using the Service anonymously or as registered Users.
- You are responsible for protecting your account.
- The Service is for personal use only.
- Do not abuse the Service, and do not upload, share or otherwise exploit any content on the Service without the proper authorizations.
- You must be 13 years old or older to use the Service.
- Do not use the Service if you do not agree to be bound by this Agreement, which may be updated from time to time. Your use of the Service means you agree to comply with this Agreement.
- Modification and Termination
EMG may change, add to, remove, suspend or discontinue any aspect of the Service at any time. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new EMG properties, shall be subject to this Agreement. Further, to keep this Agreement up to date with the Service, EMG may, at its sole discretion, change or modify this Agreement at any time by posting such changes on the Site or otherwise notifying you, and by continuing to use the Service you agree to be bound by such changes or modifications.
IF ANY OF THESE RULES OR ANY FUTURE CHANGES ARE UNACCEPTABLE TO YOU, DO NOT USE THE SERVICE. YOUR CONTINUED USE OF THE SERVICE NOW, OR FOLLOWING NOTICE OF ANY CHANGES IN THIS AGREEMENT, WILL INDICATE ACCEPTANCE AND AGREEMENT BY YOU OF SUCH RULES, CHANGES, OR MODIFICATIONS.
You may terminate this Agreement at any time by permanently discontinuing your use of the Service. EMG may terminate this Agreement at any time for any reason.
- Account Registration
While you are not required to create an account to access the Service, in order to access certain features of the Service you may be required to register for a Grooveshark account. Upon completing the registration process, you will receive an account designation. You agree to provide true, accurate, current and complete information about yourself as prompted by the Site's registration form (such information being the "Membership Data") and maintain and promptly update the Membership Data to keep it true, accurate, current and complete. If you do not, or EMG has reasonable grounds to suspect that you have not, EMG may suspend or terminate your account.
You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your account. You agree to immediately notify EMG of any unauthorized use of your account or any other breach of security. EMG cannot and will not be liable for any loss or damage arising from your failure to protect your account.
If you choose to subscribe to the Grooveshark service, you agree to pay all fees and charges associated with your subscription on a timely basis. All such fees and charges (including any applicable taxes or charge back fees) will be charged to the credit card you have provided.
- Use of the Service
EMG grants you a limited, revocable and nonexclusive license to access and make personal use of the Service. As a registered User, you may use the Service to: (i) create your own music playlists for you and other Users of the Service to access by streaming; (ii) upload content you own to the Site's servers, which will be available to you and all other Users of the Service; (iii) follow and interact with other Users and artists on the Service; and (iv) create a broadcast of your favorite songs/playlists which other Users of the Service may tune-in to. You agree not to download (other than page caching) or modify the Service, or any portion of it or content contained in it, except with EMG's prior express written consent. Any audio work made available via the Service is intended for Streaming only. For purposes of this Agreement, Streaming means the digital transmission of an audiovisual work via the Internet from the Service to a User's device in such a manner that the data is intended for real-time listening and not intended to be copied, stored or permanently downloaded by the User. Accessing any audio work for any purpose or in any manner other than Streaming and/or broadcasting is expressly prohibited. This license does not include any resale or commercial use of the Site, the Service, or its contents, or any downloading or copying of account information for the benefit of yourself or any third-party. The Service is for personal use only and may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose except those that may be specifically endorsed or approved in advance by EMG in writing. You may not authorize any third party to use your account. Use of any automated script, program, and or mechanism to collect, scrape, retrieve, and or gather any information and or User Content from the Service is strictly prohibited without prior written consent from EMG.
If we find you are making illegal and/or unauthorized use of the Service, including without limitation, collecting usernames, email addresses or User Content for any wrongful purpose, or are otherwise violating this Agreement, we may investigate you and/or take any other appropriate action against you. EMG reserves the right to remove without notice any commercial advertisements, affiliate links, and other forms of solicitation or spam, which may result in termination of you account and/or Site use privileges.
You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, content, music, text, page layout, or form) of EMG and our affiliates or other Users. You may not use any meta-tags or any other "hidden text" utilizing EMG's name or trademarks without the express written consent of EMG. Any unauthorized use terminates the permission or license granted by EMG. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the Service so long as the link does not portray EMG, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any EMG logo or other proprietary graphic or trademark as part of the link without EMG's advanced express written permission.
You will NOT misuse the Service by, including without limitation:
- Interfering with, manipulating, or taking any actions that may undermine the integrity of the Service or any system or algorithm used on the Service;
- Interfering with or disrupting the Service or servers or networks connected to the Service, or disobeying any requirements, procedures, policies or regulations of networks connected to the Service;
- Impersonating or misrepresenting your affiliation with any person or entity;
- Collecting or storing personal data or information about other Users;
- Harassing, abusing, or harming another User;
- Contacting, soliciting, or selling to any other User without their prior explicit consent;
- Reverse engineering or decompiling any elements of the Service;
- Using any meta tags or other hidden texts or metadata, or utilizing EMG's trademark, logo URL or product name without EMG's prior written consent;
- Employing or embedding any third party advertising, sponsorships, donation links or promotions on or within your User Content or broadcast;
- Selling or assigning your Grooveshark account or broadcasting station for profit;
- Employing third party sites or tools to automatically generate artificial subscribers, listeners or views; or
- Encouraging or enabling any other individual to do any of the foregoing.
Without limiting other remedies, if EMG finds, in EMG's sole discretion, that you have violated this Agreement or misused the Service in any way, EMG may warn Users of your actions, issue a warning, and/or temporarily or indefinitely suspend or terminate your account and refuse to provide the Service or any part of the Service to You.
You are solely responsible for your interactions with other Users of the Service. EMG reserves the right, but has no obligation, to monitor disputes between you and other Users.
- Intellectual Property
EMG is the owner of all intellectual property rights, including all copyrights, patents, trademarks associated with the Service, including all associated software, logos, text, and graphics, but excluding User Content. You agree not to display or use any EMG intellectual property without EMG's prior permission.
- Storage and Limits
You acknowledge that EMG may, at EMG's sole discretion, impose limits on certain features and services or restrict your access to the Service, or any portion of it, with or without notice to you. You agree that EMG has no responsibility or liability to you or any third party for the blocking, limiting, deletion or failure to store any User Content maintained or transmitted by the Service. You acknowledge that EMG reserves the right to limit, suspend or terminate accounts for any reason. You further acknowledge that EMG reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
- User Content
Please choose carefully the words, information, content, messages, text, files, images, photos, videos, music, sounds, profiles, works of authorship or any other materials you post, upload, broadcast, link to, publish, display or otherwise make available on the Site or through the Service and any such content that you provide or make available to other Users (collectively, "User Content"). You are responsible for all of your User Content, as set forth below.
For clarification purposes, you retain all of your ownership rights in your User Content. However, unless EMG indicates otherwise, by submitting User Content to the Service you grant EMG and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, display, perform, reproduce, publish, and distribute such User Content throughout the world via the Service. You also grant each User of the Service a nonexclusive license to access your User Content through the Service, and to use, reproduce, distribute, display, broadcast and perform such User Content as permitted through the functionality of the Service and pursuant to this Agreement. You grant EMG and its affiliates the right to use the name that you submit in connection with such User Content.
EMG may, at any time and with or without notice, insert and/or place sponsored songs, artists or other third party advertisements within User queues, playlists, radio stations and/or broadcasts.
EMG reserves the right, in its sole discretion, to reject, refuse to post, link to, or remove any User Content, or to restrict, suspend, or terminate your access to all or any part of the Service at any time, for any or no reason, with or without notice, and without liability. EMG has the right but not the obligation to remove or edit User Content, but does not regularly review User Content. You acknowledge that information or User Content provided by other Users may contain inaccurate, inappropriate or offensive material, products or services, and EMG assumes no responsibility or liability for any User Content.
By uploading User Content to the Service, you agree to allow EMG to use your User Content and trademarks, service marks, logos and other identifying marks ("Marks and Names") associated with your User Content, to promote (i) User Content and the Services, and (ii) EMG's relationship with you and any associated labels and distributors. In addition, EMG may include your Marks and Names in EMG's advertising, publicity and promotional materials. EMG's use of your Marks and Names will not create any right, title or interest in or to your Marks or Names, and all such use and goodwill associated therewith will inure solely to your benefit, as the case may be. You are solely responsible for any necessary payments that may become due to third parties as the result of your uploading, posting of or linking to the User Content and EMG's use thereof.
You will not submit User Content to the Service that is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable. Prohibited User Content includes, but is not limited to, content that:
- Is obscene, patently offensive, or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- Harasses or advocates harassment of another person;
- Involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming";
- Consists of information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- Consists of an illegal or unauthorized copy of a copyrighted work, such as sound recordings, musical compositions and videos in which you do not own the copyright (including CDs and tracks you may have purchased), unless you are otherwise legally entitled or have the necessary authority or permission from the copyright owner(s) to submit the content and to grant to EMG all of the license rights granted herein;
- Consists of computer programs or links to them or provides information to circumvent manufacturer-installed copy-protect devices;
- Contains restricted or password-only access pages or hidden pages or images (those not linked to or from another accessible page);
- Provides material that exploits anyone in a sexual or violent manner, or solicits personal information from anyone;
- Provides instructional information about illegal activities, such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
- Solicits other Users' passwords or personally identifiable information for commercial or unlawful purposes;
- Involves commercial activities and/or sales without EMG's prior written consent, such as contests, sweepstakes, barters, advertisements, or pyramid schemes; or
- Uses sexually suggestive imagery or any other unfair, misleading or deceptive content intended to draw traffic to the profile.
EMG reserves the right to investigate and take appropriate legal action against anyone who violates this provision, including without limitation, removing the offending User Content from the Service and/or terminating the membership or account of any violators.
By submitting User Content to the Service, you understand that it will be available to anyone in the world for streaming, broadcasting and viewing, that User Content submitted may be used by EMG for promotional and/or commercial purposes and that EMG will not be liable for any royalties to you or any other rights-holder of the User Content. If you are interested in receiving royalties for the Streaming of your User Content on the Site, please email firstname.lastname@example.org for more information. You understand that User Content may remain on the Service indefinitely; however, if you want to remove User Content that you have uploaded, you may contact us at email@example.com and we will assist in its removal.
When applicable, as between the parties, you shall bear all responsibility for securing, administering and paying, on a timely basis: (i) all publishing rights and royalties (including without limitation, synchronization fees owed to publishers or other applicable entities that own or control the copyrights to musical compositions), (ii) all record royalties and license fees due to any artists, producers or other third-parties and all union, guild or other third party fees that may be required by contract or the Copyright Act by virtue of the use, copying and distribution of the User Content via the Service pursuant to this Agreement, and (iii) all publishing rights due to any songwriters, composers, authors, publishers or third-parties that may be required by contract or the Copyright Act by virtue of the use, copying and distribution of the User Content via the Service pursuant to this Agreement. Furthermore, you shall bear sole responsibility for securing, administering and paying, on a timely basis, all public performance royalties for the User Content you submit to the Service.
- Digital Millennium Copyright Act
EMG respects the intellectual property of others, and we ask our Users to do the same. The Service operates as a user generated content hosting platform, and we strictly abide by the processes set forth in the U.S. Digital Millennium Copyright Act ("DMCA"). Should EMG discover or be informed that you have posted User Content for which you do not personally own the copyright or otherwise do not have the necessary authority from the copyright holder, EMG will take all necessary steps to rectify your noncompliance, including without limitation, disabling your ability to upload User Content to the Service. Should your ability to upload User Content to the Service be disabled and/or your account be terminated, EMG may attempt to notify you via the email address you submitted upon registration for the Services. For more information on how we handle these sorts of claims, please read our Copyright Policy.
Should EMG discover or be informed that you continue to upload User Content for which you do not personally own the copyright or otherwise do not have the necessary authority from the copyright holder after EMG has made reasonable efforts to disable your ability to do so, you will be considered a repeat infringer, and EMG may terminate your account and delete all data associated with your account, remove all of the User Content you have uploaded/submitted to the Service and use reasonable efforts to prohibit you from signing up for another User account in the future.
If at any time you believe that you do not have, or no longer have the rights necessary to authorize EMG to make available certain User Content, then you will notify EMG immediately by contacting firstname.lastname@example.org.
- DMCA Takedown Notifications
If you believe that your work has been uploaded, copied or used by a User in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide EMG's copyright agent with a DMCA takedown notice containing the following information (a "Notice"): (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (2) a description of the copyrighted work or other intellectual property that you claim has been infringed; (3) a hyperlink URL to the specific material that you claim is infringing on the Service (please note, providing a song, artist, or album name is not sufficient; you must provide a unique hyperlink URL to each item of material that you claim is infringing on the Service); (4) your address, telephone number, and email address; (5) 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 (6) a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the copyright or intellectual property owner's behalf. Any Notice of claims of copyright or other intellectual property infringement must be sent to EMG's copyright agent at:
EMG Legal Department
201 SE 2nd Ave, Suite 201
Gainesville, FL 32601
Please note that this procedure is solely for notifying EMG that you believe a User improperly uploaded your copyrighted material to the Service.
Grooveshark is a U.S. service, operated from U.S. servers and offices, in accordance with U.S. laws, including but not limited to, the DMCA. You agree that you will not use the Service or export any portion of the Service, including the User Content, in violation of U.S. export regulations. You are responsible for adhering to all relevant local and national laws wherever you are.
- Gift Subscriptions
Gift subscriptions are issued by EMG and are subject to this Agreement. Gift subscriptions are pre-paid upgrades to the premium versions of the Service and are redeemable only at grooveshark.com. There are no refunds, exchanges or other credit for Gift subscriptions that are not redeemed. Gift subscriptions are valid only for credit towards the premium versions of the Service and are not valid for any other products or services offered by EMG. EMG is not responsible if the gift subscription is lost, stolen or used without permission. Subject to applicable law, gift subscriptions are not redeemable or refundable for cash, and cannot be resold or combined with any other special or free offers, including other gift subscriptions and gift cards. These gift subscription terms are governed by the laws of the State of Florida, excluding its conflict of law principles, and are subject to change upon notice.
- Third-Party Content, Links and Syndication
- Representations and Warranties
You represent and warrant that you have the full authority to act on your behalf and on behalf of any and all owners of any right, title and interest in and to any User Content you post, submit, transfer, make available, or link to. You represent and warrant that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in this Agreement, and to abide by and comply with this Agreement and have obtained all necessary third party consents, approvals, authorizations, licenses and permissions necessary to enter into and fully perform your obligations herein. By using the Service you affirm that you are over the age of 13, as the Service is not intended for children under 13. If you are under 13 years of age, then please do not use the Service. Your membership or access to the Service may be deleted or blocked without warning if it is found that you are misrepresenting your age.
You represent and warrant that you are solely responsible for all User Content posted, uploaded, published, made available or displayed through your account, and for your interactions with other Users. You are solely responsible for your own User Content and the consequences of posting or publishing it. In connection with User Content, you affirm, represent, and warrant that: (i) you own or have, and will own or have during the term the necessary licenses, rights, consents, and permissions to use and authorize EMG to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Content to enable inclusion and use of the User Content in the manner contemplated by the Service and this Agreement; (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Content in the manner contemplated by the Service and this Agreement; (iii) you will be responsible for the payment of any and all royalties required by any composer, publisher or owner of the underlying musical composition(s) embodied in the User Content, all license fees, and all record royalties to artists and all union, guild or other third-party fees that may be required by contract or the Copyright Act that may be due by virtue of the exploitation of the User Content through the Service as authorized hereunder.
You represent and warrant that you shall not act in any manner that conflicts or interferes with any existing commitment or obligation of yours, and that no agreement previously entered into by you will interfere with the performance of your obligations under this Agreement. You represent and warrant that you will comply with any applicable laws, rules and regulations of any governmental authority.
You represent and warrant that you will not use the Service to upload, post, link to, email, transmit, or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or any telecommunications equipment.
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" BASIS. TO THE EXTENT PERMITTED BY LAW, EMG EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- Indemnification and Limitation of Liability
You hereby indemnify and hold harmless, and upon EMG's request, defend, EMG and its affiliates (and their respective directors, officers and employees) from and against any and all losses, liabilities, damages, costs or expenses (including reasonable attorneys' fees and costs) arising out of any claim, action, or proceeding brought by a third party based on: (i) a breach of any warranty, representation, covenant or obligation of yours under this Agreement; or (ii) any allegation that any User Content provided, uploaded, syndicated, linked to or authorized by or on your behalf, or EMG's or any User's use thereof, violates or infringes the rights of another party. You will reimburse EMG and its affiliates on demand for any actual payments made in resolution of any liability or claim that is subject to indemnification under this Section, provided that EMG obtains your written consent prior to making such payments, such consent not to be unreasonably withheld, delayed or conditioned. EMG shall promptly notify you of any such claim, and you shall assume control of the defense of such claim upon EMG's request. EMG shall have the right, at its expense, to participate in the defense thereof under your direction.
TO THE EXTENT PERMITTED BY LAW, EMG WILL NOT BE LIABLE TO YOU FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THEIR POSSIBILITY. TO THE EXTENT PERMITTED BY LAW, EMG'S TOTAL LIABILITY TO YOU FOR ANY CLAIM UNDER THIS AGREEMENT WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT YOU PAID EMG TO USE THE SERVICE (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN).
- About these Terms
This Agreement and any additional terms, rules or regulations posted on the Service constitutes the entire agreement between you and EMG and govern your use of the Service, superseding any prior agreements between you and EMG. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software.
The failure of EMG to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
Except as explicitly stated otherwise, any notices to EMG shall be sent by certified mail, return receipt requested, to Escape Media Group, Inc., 201 SE 2nd Avenue, Suite 201, Gainesville, Florida 32601, Attn: Legal Department. Notice shall be deemed given three (3) days after the date of mailing.
The section titles in this Agreement are for convenience only and have no legal or contractual effect.
This Agreement and the relationship between you and EMG shall be governed by the laws of the State of Florida without regard to its conflict of law provisions. For all claims or causes of action arising out of this Agreement or your use of the Service, you and EMG agree to submit to the personal and exclusive jurisdiction of the courts located within Alachua County, Florida. To the extent permitted by law, you agree that any claim or cause of action arising out of or related to use of the Service or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Last Updated: July 15, 2013
Effective Date: November 25, 2013