TERMS OF USE

 

Welcome to Equanimity Media, a d/b/a of Groove Inc. and its affiliates (“Equanimity Media”) provide Website features to you subject to the following conditions. If you visit or shop at Equanimity Media.com or any of its affiliated sites (collectively referred to as “Website”), you accept these conditions. Please read them carefully. In addition, when you use any current or future Equanimity Media service or business you also will be subject to the guidelines, terms and agreements (the “Terms”) applicable to such service or business. If these conditions are inconsistent with the Terms, these Terms will control.

 

PRIVACY

We care about your privacy so please review our Privacy Policy which also governs your visit to this Website, to understand our practices.

 

ELECTRONIC COMMUNICATIONS

When you visit this Website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

 

COPYRIGHT

All content included on this Website, such as text, graphics, logos, button icons, images, video and audio clips, digital downloads, data compilations, and software, is the property of Equanimity Media or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this Website is the exclusive property of Equanimity Media and protected by U.S. and international copyright laws. All software used on this Website is the property of Equanimity Media or its software suppliers and protected by United States and international copyright laws.

 

TRADEMARKS

Equanimity Media graphics, logos, page headers, button icons, scripts, and service names are trademarks, or trade dress of Equanimity Media in the U.S. and/or other countries. Equanimity Media’s trademarks, trade names and trade dress may not be used in connection with any product or service that is not Equanimity Media’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Equanimity Media. All other trademarks not owned by Equanimity Media that appear on this Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Equanimity Media.

 

PATENTS

One or more patents owned by Equanimity Media or its suppliers apply to this Website and to the features and services accessible via the Website. Portions of this Website operate under license of one or more patents.

 

LICENSE AND WEBSITE ACCESS

Equanimity Media grants you a limited license to access and make personal use of this Website and not to download (other than page caching) or modify it, or any portion of it, except with the express written consent of Equanimity Media. This license does not include any resale or commercial use of this Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This Website or any portion of this Website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Equanimity Media. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Equanimity Media without the express written consent of Equanimity Media. You may not use any “meta” tags or any other “hidden text” utilizing Equanimity Media’s name or trademarks without the express written consent of Equanimity Media. Any unauthorized use terminates the permission or license granted by Equanimity Media. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Equanimity Media.com so long as the link does not portray Equanimity Media, or its products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any Equanimity Media logo or other proprietary graphic or trademark as part of the link without the express written permission of Equanimity Media.

 

YOUR ACCOUNT

If you use this Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Equanimity Media does sell products to children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 13, you may use Equanimity Media.com only with involvement of a parent or guardian. Equanimity Media reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

 

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

Visitors may post reviews, comments, photos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of an e-card, email, any communication or other content. Equanimity Media reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

 

If you do post content or submit material, and unless we indicate otherwise, you grant Equanimity Media a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the universe in any and all media now known or hereafter devised. You grant Equanimity Media and sub-licensees the right to use the name that you submit in connection with such content, if they so choose. You represent and warrant that you own, or otherwise control, all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Equanimity Media for all claims resulting from content you supply. Equanimity Media has the right but not the obligation to monitor and edit or remove any activity or content. Equanimity Media takes no responsibility and assumes no liability for any content posted by you or any third party.

 

 

CHILD SAFETY

Equanimity Media does not sell products for purchase by children. Protecting the online privacy of children is especially important to us, and those under the age of 13 are protected by federal law. For that reason, Equanimity Media does not knowingly permit children under the age of 13 to become registered members of our sites, or to buy goods and services on our sites, without verifiable parental consent. Equanimity Media does not knowingly collect or solicit personal information about children under 13, except with their parent’s express consent.

 

If we ever include children under the age of 13 as part of our intended site audience, those specific web pages will, in accordance with the provisions of the Children’s Online Privacy Protection Act (COPPA), be clearly identified and provide an explicit privacy notice; and we will provide processes to obtain parental approval, provide access to information and allow parents to request removal of their children’s personal information.

 

COPYRIGHT COMPLAINTS
Equanimity Media respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement as described below.

 

OTHER BUSINESSES

Parties other than Equanimity Media may operate stores, provide services, or sell product lines on this Website. In addition, we provide links to the websites of affiliated companies and certain other businesses. While we thoroughly vet our merchants and require that they meet certain standards and requirements, we are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their websites. Equanimity Media does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

 

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THIS WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE ARE PROVIDED BY Equanimity Media ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. Equanimity Media MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK.

 

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Equanimity Media DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Equanimity Media DOES NOT WARRANT THAT THIS WEBSITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE; THEIR SERVERS; OR ELECTRONIC COMMUNICATIONS SENT FROM Equanimity Media ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Equanimity Media WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

 

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

 

DISPUTES

Any dispute or claim relating in any way to your visit to Equanimity Media, this Website, or to products or services sold or distributed by Equanimity Media or through this Website, which cannot be mutually resolved between us, will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.

 

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms of Use as a court would.

 

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent c/o Equanimity Media, d/b/a of Groove Inc, 555 Pier Ave. #D, Hermosa Beach, CA 90254. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. We will reimburse those fees for claims totaling less than $2,500.00 unless the arbitrator determines the claims are frivolous. Likewise, Equanimity Media will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.

 

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. Notwithstanding anything to the contrary in these Terms of Use, you acknowledge and agree that you have no right to enjoin the exhibition, distribution, advertising, or exploitation of the Website. We also both acknowledge and agree that Equanimity Media may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

 

APPLICABLE LAW AND JURISDICTION

By visiting Equanimity Media.com, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the State of California, without reference to conflict of law provisions, will govern these Terms of Use and any dispute of any sort that might arise between you and Equanimity Media, with venue in Hermosa Beach, CA.

  

WEBSITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review our other policies, such as our Privacy Policy, and Disclaimer, posted on this Website. These and other policies also govern your visit to this Website. We reserve the right to make changes to our Website, policies, and these Terms of Use at any time. If any of these conditions shall be deemed invalid, void or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

 

OUR ADDRESS

Equanimity Media,

555 Pier Av. #D

Hermosa Beach, CA 90254

 

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Equanimity Media.com’s copyright agent the written information specified below. Please note that this procedure is exclusively for notifying Equanimity Media that your copyrighted material has been infringed.

 

·      An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

·      A description of the copyrighted work that you claim has been infringed upon;

·      A description of where the material that you claim is infringing is located on the Website, including the url, if applicable;

·      Your address, telephone number, and e-mail address;

·      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

·      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.

·      Equanimity Media.com’s Copyright Agent for notice of claims of copyright infringement on the Website can be reached as follows:

 

Copyright Agent

Equanimity Media d/b/a Groove Inc.

555 Pier Ave. #D

Hermosa Beach, CA 90254

e-mail: support@equanimitymedia.com

 

This Equanimity Media Term of Use was updated on Nov 1, 2020.