THE FAMILY GROOVE LLC. TERMS & CONDITIONS

1. Definitions.
This website currently located on the World Wide Web at www.thefamilygroove.com (hereinafter “Thefamilygroove.com” or the “Site”) is the on-line service operated by The Family Groove LLC (hereinafter "THE FAMILY GROOVE LLC", “we”, “our” or “us”), consisting of information services and content provided by THE FAMILY GROOVE LLC, affiliates of THE FAMILY GROOVE LLC and other third parties. "Subscriber", “Member”, “you” or “your” means each person who establishes or accesses a connection ("Account") for access to and use of Thefamilygroove.com.  The terms and conditions set forth in this terms of use notice (“Terms of Use”) shall govern and apply to your visit to and use of the Site. By using the Site, you agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, in whole or in part, please do not use this Site .
2. General.
(A) This Agreement sets forth the terms and conditions that apply to use of Thefamilygroove.com by Subscriber. By using Thefamilygroove.com, Subscriber agrees to comply with all of the terms and conditions hereof. The right to use Thefamilygroove.com is personal to Subscriber and is not transferable to any other person or entity. Subscriber is responsible for all use of Subscriber's Account (under any screen name or password) and for ensuring that all use of Subscriber's Account complies fully with the provisions of this Agreement and applicable laws, state and federal. Subscriber shall be responsible for protecting the confidentiality of Subscriber's password(s), if any.
(B) THE FAMILY GROOVE LLC shall have the right at any time to change or discontinue any aspect or feature of Thefamilygroove.com, including, but not limited to, content, hours of availability and equipment needed for access or use.
3. Changed Terms.
We reserve the right to change or discontinue any content or feature of the Site, or impose, change, or modify the terms and conditions of these Terms of Use, including but not limited, adding a charge for fees to use the Site. Depending on the nature of the change, we will either announce the change (1) on the home page of the Site, (2) provide such notice via e-mail to Members (defined below), customers, and others who provide us with their e-mail address, or (3) take such other action as we deem appropriate under the circumstances. By continuing to use the Site following an announcement of any change, you will be deemed to have agreed to such change. You agree to review these Terms of Use periodically to be aware of such changes or revisions.
4. Subscriber Conduct.
(A) Subscriber shall use the Site for lawful purposes only. Subscriber shall not post or transmit through the Site any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without THE FAMILY GROOVE LLC's express prior approval, contains advertising or any solicitation with respect to products or services. In addition, you may not post or transmit through the Site: advertising or commercial solicitations; promotional materials relating to Web site or online services which are competitive with us and/or the Site; software or other materials that contain so-called viruses, worms, time bombs, Trojan horses, or other harmful or disruptive component; political campaign materials; chain letters; mass mailings; spam mail; material protected by copyright, trademark or any other proprietary right; any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Site or their contents; or posts that express or imply that any statements you make are endorsed by us, without our prior written consent. Additionally, you may not harvest or collect information about Site visitors or Members without their express consent. Any conduct by a Subscriber that in our discretion restricts or inhibits any other Subscriber from using or enjoying the Site will not be permitted, such as but not limited to, “hacking,” “cracking,” “spoofing,” or defacing any portion of the Site. Subscriber shall not use Thefamilygroove.com to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line services competitive with Thefamilygroove.com, if any.
(B) Thefamilygroove.com contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of Thefamilygroove.com are protected to the full extent provided under the United States Copyright, trademark and unfair competition laws and all international copyright laws and other laws applicable thereto. THE FAMILY GROOVE LLC owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Subscriber may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Subscriber may download copyrighted material for Subscriber's personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of THE FAMILY GROOVE LLC and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. Subscriber acknowledges that it does not acquire any ownership rights by downloading copyrighted material.
(C) Subscriber shall not upload, post or otherwise make available on Thefamilygroove.com any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with Subscriber. Subscriber shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of Thefamilygroove.com, Subscriber automatically grants, or warrants that the owner of such material has expressly granted THE FAMILY GROOVE LLC the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. Subscriber also permits any other Subscriber to access, view, store or reproduce the material for that Subscriber's personal use. Subscriber hereby grants THE FAMILY GROOVE LLC the right to edit, copy, publish and distribute any material made available on Thefamilygroove.com by Subscriber.
(D) The foregoing provisions of Section 4 are for the benefit of THE FAMILY GROOVE LLC, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
5. Disclaimer of Warranty; Limitation of Liability.
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE AND THE RELATED SERVICES ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION UNDER LAW.
YOU SPECIFICALLY ACKNOWLEDGE THAT THE FAMILY GROOVE LLC, ITS SUBSIDIARIES, AFFILIATES, SUPPLIERS, ADVERTISERS, SPONSORS, THIRD PARTY SERVICE PROVIDERS, AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AND AGENTS, SHALL NOT BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THEFAMILYGROOVE.COM, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.  SUBSCRIBER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THEFAMILYGROOVE.COM.
PRIOR TO THE EXECUTION OF A STOCK TRADE, SUBSCRIBERS ARE ADVISED TO CONSULT WITH YOUR BROKER OR OTHER FINANCIAL REPRESENTATIVE TO VERIFY PRICING OR OTHER INFORMATION. THE FAMILY GROOVE LLC, ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL HAVE NO LIABILITY FOR INVESTMENT DECISIONS BASED ON THE INFORMATION PROVIDED. NEITHER, THE FAMILY GROOVE LLC, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION.
6. Privacy Policy
We are committed to protecting your privacy and security and have explained in detail the steps we take to do so in the Privacy Policy, a copy of which you should review by clicking here. You in turn agree and consent to the terms of the Privacy Policy by your use of the Site.
7. Monitoring.
THE FAMILY GROOVE LLC shall have the right, but not the obligation, to monitor the content of Thefamilygroove.com, including chat rooms and forums, to determine compliance with this Agreement and any operating rules established by THE FAMILY GROOVE LLC and to satisfy any law, regulation or authorized government request. THE FAMILY GROOVE LLC shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on Thefamilygroove.com. Without limiting the foregoing, THE FAMILY GROOVE LLC shall have the right to remove any material that THE FAMILY GROOVE LLC, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
8. Indemnification.
Subscriber agrees to defend, indemnify and hold harmless THE FAMILY GROOVE LLC, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees and costs, arising out of the use of Thefamilygroove.com by Subscriber or Subscriber's Account.
9. Termination.
Either THE FAMILY GROOVE LLC or Subscriber may terminate this Agreement at any time. Without limiting the foregoing, THE FAMILY GROOVE LLC shall have the right to immediately terminate Subscriber's Account in the event of any conduct by Subscriber which THE FAMILY GROOVE LLC, in its sole discretion, considers to be unacceptable, or in the event of any breach by Subscriber of this Agreement.
10. Trademarks.
THE FAMILY GROOVE, Thefamilygroove.com  and THE FAMILY GROOVE LLC and each of their logos are trademarks of The Family Groove LLC.  All rights reserved. All other trademarks appearing on Thefamilygroove.com are the property of their respective owners.
11. Sweepstakes and Contests
From time to time, we may offer and/or co-sponsor contests, sweepstakes, and games on the Site. Each of these activities shall be governed by specific rules accessible from the pages of the Site offering the promotion.
12. Third Party Content.
THE FAMILY GROOVE LLC is a distributor (and not a publisher) of content supplied by third parties and Subscribers. Accordingly, THE FAMILY GROOVE LLC has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Subscribers or any other user of Thefamilygroove.com, are those of the respective author(s) or distributor(s) and not of THE FAMILY GROOVE LLC. Neither THE FAMILY GROOVE LLC nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose.
In many instances, the content available through Thefamilygroove.com represents the opinions and judgments of the respective information provider, Subscriber, or other user not under contract with THE FAMILY GROOVE LLC. THE FAMILY GROOVE LLC neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on Thefamilygroove.com by anyone other than authorized THE FAMILY GROOVE LLC employee spokespersons while acting in their official capacities. Under no circumstances will THE FAMILY GROOVE LLC be liable for any loss or damage caused by a Subscriber's reliance on information obtained through Thefamilygroove.com. It is the responsibility of Subscriber to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through Thefamilygroove.com. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.
13. Equipment.
Subscriber shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of Thefamilygroove.com and all charges related thereto.
14. Miscellaneous.
This Agreement and any operating rules for Thefamilygroove.com established by THE FAMILY GROOVE LLC constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the State of Georgia, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
15. Copyrights and Copyright Agent.
THE FAMILY GROOVE LLC respects the rights of all copyright holders and in this regard, THE FAMILY GROOVE LLC has adopted and implemented a policy that provides for the termination in appropriate circumstances of subscribers and account holders who infringe the rights of copyright holders.
If you believe that any material or content posted on the Site constitutes copyright infringement, please forward the following information to the Copyright Agent named below (a “Notice”):

* Your address, telephone number, and email address;
* A description of the copyrighted work that you claim has been infringed;
* A description of where the alleged infringing material is located;
* A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law;
* An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
* 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.

Copyright Agent:
Name: Michael R. Gilman, Esq.
Address:
Kaplan Gilman Gibson & Dernier LLP
900 Route 9 North
Woodbridge, NJ 07095
Phone: (732) 634-7634
Fax: (732) 634-6887
e-mail: mgilman@kggd.com
For web posting, reprint, transcript or licensing requests for THE FAMILY GROOVE LLC material, please contact licensing.agent@turner.com
For any questions or requests other than copyright issues or licensing requests, please contact info@thefamilygroove.com

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