Gruuvv.com Terms of Service
Last Updated: 9/27/2023
Please read these Terms of Service carefully as they
contain important information about your legal rights, remedies, and
obligations. By accessing or using the GRUUVV Platform, you agree to comply
with and be bound by these Terms of Service, whether or not you have registered
an account with GRUUVV. These Terms of Service include a mandatory arbitration
provision and class action waiver in Section 12. Please read this section
carefully as it affects your right to a jury trial. If you do not agree with
any of the terms contained within these Terms of Service, including the
mandatory arbitration provision and class action waiver, do not use or access
the GRUUVV Platform.
Thank you for using GRUUVV!
These Terms of Service ("Terms") constitute
a legally binding agreement ("Agreement") between you and GRUUVV (as
defined below) governing your access to and use of the GRUUVV website,
including any subdomains thereof, and any other websites through which GRUUVV
makes its services available (collectively, "Site"), and all
associated services (collectively, "GRUUVV Services"). The Site and
GRUUVV Services together are hereinafter collectively referred to as the
“GRUUVV Platform.” When these Terms mention “GRUUVV,” “we,” “us,” or “our,” it
refers to GRUUVV, Inc, the company you are contracting with.
Our collection and use of personal information in
connection with your access to and use of the GRUUVV Platform is described in
Scope of GRUUVV Services
The GRUUVV Platform is an online marketplace that
enables registered users (“Members”) and certain third parties who offer
services (Members and third parties who offer services are “DJs” and the
services they offer are “DJ Services”) to publish such DJ Services on the
GRUUVV Platform (“DJ Profile”) and to communicate and transact directly with
Members that are seeking to book such DJ Services (Members using DJ Services
are “Event Hosts”). Agreements between Event Hosts and DJs for DJ Services are
As the provider of the GRUUVV Platform, GRUUVV does
not own, create, sell, resell, provide, control, manage, offer, deliver, or
supply any Bookings or DJ Services, nor is GRUUVV an Event Host. DJs alone are
responsible for their Bookings and DJ Services. When Members make or accept a
Booking, they are entering into a contract directly with each other. GRUUVV is
not and does not become a party to or other participant in any contractual
relationship between Members. GRUUVV is not acting as an agent in any capacity
for any Member, except as specified in Section 8, Booking Modifications,
Cancellations and Refunds, Resolution Center.
While we may help facilitate the resolution of
disputes, GRUUVV has no control over and does not guarantee (i) the existence,
quality, safety, suitability, or legality of any Bookings or DJ Services, (ii)
the truth or accuracy of any Booking descriptions, Ratings, Reviews, or other
Member Content (as defined below in Section 6), or (iii) the performance or
conduct of any Member or third party. GRUUVV does not endorse any Member or DJ
Services. Any references to a Member being "verified" (or similar
language) only indicate that the Member has completed a relevant verification
or identification process and nothing else. Any such description is not an
endorsement, certification or guarantee by GRUUVV about any Member, including
of the Member's identity or background or whether the Member is trustworthy,
safe or suitable. You should always exercise due diligence and care when deciding
whether to book DJ Services or accept a Booking request from an Event Hosts, or
communicate and interact with other Members, whether online or in person.
To promote the GRUUVV Platform and to increase the
exposure of Bookings, Member Content may be displayed on other websites, in
applications, within emails, and in online and offline advertisements. To
assist Members who speak different languages, Bookings and other Member Content
may be translated, in whole or in part, into other languages. GRUUVV cannot
guarantee the accuracy or quality of such translations and Members are
responsible for reviewing and verifying the accuracy of such translations. The
GRUUVV Platform may contain translations powered by Google. GRUUVV disclaims
all warranties related to the translations, express or implied, including any
warranties of accuracy, reliability, and any implied warranties for
merchantability, fitness for a particular purpose and non-infringement.
The GRUUVV Platform may utilize or contain links to
third-party websites or resources (“Third-Party Services”). Such Third-Party
Services may be subject to different terms and conditions and privacy
practices. GRUUVV is not responsible or liable for the availability or accuracy
of such Third-Party Services, or the content, products, or services available
from such Third-Party Services. Links to such Third-Party Services are not an
endorsement by GRUUVV of such Third-Party Services. If you choose to follow
links to such Third-Party Services, you do so at your own risk and subject to
the terms and conditions of that Third-Party Service.
Due to the nature of the Internet, GRUUVV cannot
guarantee the continuous and uninterrupted availability and accessibility of
the GRUUVV Platform. GRUUVV may restrict the availability of the GRUUVV
Platform or certain areas or features thereof, if this is necessary in view of
capacity limits, the security or integrity of our servers, or to carry out
maintenance measures that ensure the proper or improved functioning of the
GRUUVV Platform. GRUUVV may improve, enhance and modify the GRUUVV Platform and
introduce new GRUUVV Services from time to time.
2. Using the Gruuvv Platform as a DJ
If you choose to use the GRUUVV Platform as a DJ, your
relationship with GRUUVV is limited to being an independent, third-party
contractor, and not an employee, agent, joint-venturer or partner of GRUUVV for
any reason, and you act exclusively on your own behalf and for your own
benefit, and not on behalf, or for the benefit, of GRUUVV. You further agree that
neither you nor any DJ personnel assisting you shall be entitled to the rights
or benefits afforded to employees, including but not limited to, disability or
unemployment insurance, workers’ compensation, medical or life insurance, sick
leave, compensation time, overtime, retirement or holiday benefits, vacation
time, profit sharing, bonuses, or any other employment benefit.
As an independent, third-party contractor, GRUUVV does
not, and shall not be deemed to, direct or control you generally or in your performance
under these Terms specifically, including in connection with your provision of
the DJ Services. GRUUVV is not, and shall not be deemed to be in the business
of providing DJ Services, or any other related entertainment services. GRUUVV’s
business is limited to operating the GRUUVV Platform which enables independent
parties to locate and contract with one another. By using the GRUUVV Platform
as a DJ, you acknowledge and agree that you have complete discretion whether to
list DJ Services or otherwise engage in other business or employment
activities. You also acknowledge that you are an individual who is customarily
engaged in the independently established trade of providing DJ Services.
Nothing in these Terms shall be construed to give you
or any DJ personnel assisting you any authority to represent that such person
is an employee of GRUUVV, to bind GRUUVV with respect to contracts or
representations or any other matters, or to represent GRUUVV before any court
or government or regulatory authority.
Eligibility, Using the GRUUVV Platform, Member Verification
You must be at least 18 years old and able to enter
into legally binding contracts to access and use the GRUUVV Platform or
register an GRUUVV Account. By accessing or using the GRUUVV Platform you
represent and warrant that you are 18 or older and have the legal capacity and
authority to enter into a legally binding contract.
GRUUVV may make access to and use of the GRUUVV
Platform, or certain areas or features of the GRUUVV Platform, subject to
certain conditions or requirements, such as completing a verification process,
maintaining honesty in posting content, respecting safety while hosting events,
abstaining from posting derogatory, hateful, or obscene material, or meeting
Ratings or Reviews thresholds.
User verification on the Internet is difficult and we
do not assume any responsibility for the confirmation of any Member’s identity.
The access to or use of certain areas and features of
the GRUUVV Platform may be subject to separate policies, standards or
guidelines, or may require that you accept additional terms and conditions. If
there is a conflict between these Terms and terms and conditions applicable to
a specific area or feature of the GRUUVV Platform, the latter terms and conditions
will take precedence with respect to your access to or use of that area or
feature, unless specified otherwise.
Modification of these Terms
GRUUVV reserves the right to modify these Terms at any
time in accordance with this provision. If we make changes to these Terms, we
will post the revised Terms on the GRUUVV Platform and update the “Last
Updated” date at the top of these Terms. If you disagree with the revised
Terms, you may terminate this Agreement with immediate effect. If you do not
terminate your Agreement before the date the revised Terms become effective,
your continued access to or use of the GRUUVV Platform will constitute
acceptance of the revised Terms.
You must register an account ("GRUUVV
Account") to access and use certain features of the GRUUVV Platform, such
as publishing or making a Booking. If you are registering a GRUUVV Account for
a company or other legal entity, you represent and warrant that you have the
authority to legally bind that entity and grant us all permissions and licenses
provided in these Terms.
You can register a GRUUVV Account using an email
address and creating a password, or through your account with certain
third-party social networking services, such as Facebook or Google ("SNS
Account"). You have the ability to disable the connection between your
GRUUVV Account and your SNS Account at any time, by accessing the
"Settings" section of the GRUUVV Platform.
You must provide accurate, current and complete
information during the registration process and keep your GRUUVV Account and
public GRUUVV Account profile page information up-to-date at all times.
You may not register more than one (1) GRUUVV Account
unless GRUUVV authorizes you to do so. You may not assign or otherwise transfer
your GRUUVV Account to another party.
You are responsible for maintaining the
confidentiality and security of your GRUUVV Account credentials and may not
disclose your credentials to any third party. You must immediately notify
GRUUVV if you know or have any reason to suspect that your credentials have
been lost, stolen, misappropriated, or otherwise compromised or in case of any
actual or suspected unauthorized use of your GRUUVV Account. You are liable for
any and all activities conducted through your GRUUVV Account, unless such
activities are not authorized by you and you are not otherwise negligent (such
as failing to report the unauthorized use or loss of your credentials).
Content and Intellectual Property
GRUUVV may, at its sole discretion, enable Members to
(i) create, upload, post, send, receive,
store, or hyperlink to content, such as text, photos, audio, video, or other
materials and information on or through the GRUUVV Platform ("Member
Content"); and (ii) access and view Member Content and any content that
GRUUVV itself makes available on or through the GRUUVV Platform, including
proprietary GRUUVV content and any content licensed or authorized for use by or
through GRUUVV from a third party ("GRUUVV Content" and together with
Member Content, "Collective Content").
GRUUVV respects the intellectual property rights of
others and expects all Members to do the same. Members are prohibited from
uploading content that violates the intellectual property rights of others. By
using the GRUUVV platform, Members agree that they will not create, upload,
post, send, receive, store, or hyperlink to content which infringes on the
copyright or trademark rights of another. Members further represent and agree
that any Member Content created, uploaded, posted, sent, or hyperlinked from
their profile is their own work, or that the Member has lawfully acquired the
right to use the work from the original creator.
To protect the intellectual property rights of others,
and in accordance with the Digital Millennium Copyright Act (DMCA), 17 U.S.C. §
512, GRUUVV has implemented procedures for reporting instances of copyright
infringement. If you are a copyright holder, or its authorized representative,
and you believe in good faith that content residing or accessible through the
GRUUVV Platform infringes your copyrighted work, you may submit a written
notice of copyright infringement to our designated agent, whose contact
information is listed below.
Copyright Compliance Officer
465 Columbus Ave
Boston MA 02116
Telephone number: 617-420-2045
Email address: firstname.lastname@example.org
The written notice of copyright infringement should
provide: (1) A clear description of the copyrighted work(s) that you claim has
been infringed; (2) A description of the material on the GRUUVV Platform that
you claim is infringing; (3) Information reasonably sufficient to permit us to
locate the allegedly infringing material (please be as detailed as possible and
provide web addresses leading directly to the material); (4) Your contact
information, including your address, telephone number, and an e-mail address;
(5) A statement that you have a good faith belief that use of the copyright
materials in the manner asserted is not authorized by the copyright owner, its
agent, or the law; (6) A statement that the information in the notification is
accurate, and under penalty of perjury, that you are the copyright owner or
authorized to act on the copyright owner’s behalf; (7) Your physical or
Please be aware that, pursuant to 17 U.S.C. § 512(f),
you may be liable for any damages – including costs and attorneys’ fees
incurred by us or our Members – if you knowingly materially misrepresent that
content is infringing. You may therefore wish to seek the advice of legal
counsel before submitting a notice of copyright infringement.
Please also note that we will forward the notice of
copyright infringement, or the information contained therein, as well as your
contact information to the Member who posted the allegedly infringing content. Additionally,
if we remove or disable access to the content pursuant to a valid DMCA notice,
GRUUVV will immediately notify the Member that the content has been removed or
It is the policy of GRUUVV, in its sole discretion, to
terminate the accounts of Members who are repeat copyright infringers.
If you believe in good faith that your material is
taken down due to a mistake or misidentification of the material, including
cases of fair use, you can submit a counter-notification to the designated agent.
Gruuvv will replace the removed material and
cease disabling access to it not less than 10, nor more than 14, business days
following receipt of the counter-notice, unless its designated agent first
receives notice from the Member who submitted the notice of copyright
infringement that such person has filed an action seeking a court order to
restrain the Member from engaging in infringing activity relating to the
material on Gruuvv’s system or network.
Please note that Gruuvv will provide the Member who
sent a notice of copyright infringement with a copy of the counter-notice and inform that person in 10 business days that it will
replace the removed material or cease disabling access to it.
The counter-notification should provide: (1) Your physical or electronic signature; (2) Identification
of the material that has been removed or to which access has been disabled and
the location at which the material appeared before it was removed or access to
it was disabled; (3) A statement under penalty of perjury that you have a good
faith belief that the material was removed or disabled as a result of mistake
or misidentification of the material to be removed or disabled; (4) Your name,
address, and telephone number, and a statement that you consent to the jurisdiction
of Federal District Court for the judicial district in which the address is
located, or if your address is outside of the United States, for any judicial
district in which Gruuvv may be found, and that you will accept service of
process from the person who provided a copyright infringement notification or
an agent of such person.
Subject to your compliance with these Terms, GRUUVV
grants you a limited, non-exclusive, non-sublicensable, revocable,
non-transferable license to access and view any Collective Content made
available on or through the GRUUVV Platform and accessible to you, solely for
your personal and non-commercial use.
Payments and Service Fees
uses third-party payment services to facilitate payment and process payment
information. Currently, the third-party payment services used by Gruuvv are
PayPal and Stripe. Your use of PayPal is subject to the PayPal User Agreement. Similarly, your use of
Stripe is subject to the Stripe Services
Agreement. By agreeing to GRUUVV’s Terms, you agree to be bound by the terms of
whichever third-party payment service you used to purchase DJ Services.
payment information that you provide must be accurate, complete, and current.
By providing credit card or other payment information, you represent and
warrant that you are authorized to use the designated payment method and that
you authorize us (or our third-party payment processors) to charge your payment
method for the total amount of your purchase (including any applicable taxes
and fees). If the payment method cannot be verified, is invalid or is otherwise
not acceptable, your purchase may be suspended or canceled. You acknowledge
that the amount billed may vary due to changes to your purchases, fee changes,
or changes in applicable taxes or other transactional fees, and you authorize
us (or our third-party payment processor) to charge your payment method for the
fees for DJ Services (“Booking Fees”), including applicable Service Fees
(defined below) must be paid immediately upon making a Booking using the
third-party payment service (Stripe or PayPal) of the DJ’s choosing. The total
amount of the fees will be held by the third-party payment service until three
(3) days after the DJ Services have been performed. Unless an Event Host
initiates a Fee Dispute (defined in Section 8, Booking Modifications,
Cancellations, and Refunds), after three (3) days the Booking Fee will be
remitted to the DJ and the Service Fees will be released to Gruuvv.
GRUUVV may charge fees to DJs ("Commission
Fees") and/or Event Hosts ("Service Fees") (collectively,
"Service Fees") in consideration for the use of the GRUUVV Platform.
Any applicable Service Fees (including any applicable
Taxes) will be displayed to a DJ or Event Host prior to publishing or making a
Booking. GRUUVV reserves the right to change the Service Fees at any time, and
will provide Members adequate notice of any fee changes before they become
You are responsible for paying any Service Fees and
Taxes, if any, that you owe to GRUUVV. Applicable Service Fees (including any
applicable Taxes) are collected by the third-party payment service (either
PayPal or Stripe). Any fees owed to GRUUVV will be deducted from the Total Fees
by the third-party payment service and then remitted to GRUUVV. Except as otherwise provided on the GRUUVV
Platform, Service Fees are non-refundable.
GRUUVV Referral Credits may be redeemed for eligible
Bookings via the GRUUVV Platform as specified in the terms and conditions
provided with the Referral Credit. You may only redeem GRUUVV Referral Credits
after the GRUUVV Referral Credits are reflected in your GRUUVV Account.
Booking Modifications, Cancellations and Refunds, Resolution Center
DJs and Event Hosts are responsible for any
modifications to a Booking that they make via the GRUUVV Platform or direct
GRUUVV customer service to make ("Booking Modifications"), and agree
to pay any additional Booking Fees, DJ Fees and/or Taxes associated with such
Event Hosts seeking a refund of a Booking Fees must
use GRUUVV’s Resolution Center within three (3) days after the scheduled event
to initiate a Fee Dispute. Through the Resolution Center, Event Hosts may
initiate a Fee Dispute by contacting DJs to request a refund of Booking Fees
and explaining the reasons that a refund is necessary. The Resolution Center
will allow a DJ either to accept the refund request and remit the refund to the
Event Host, or to dispute the request and initiate a negotiation. In the event
that the Event Host and DJ cannot come to an agreement through good-faith
negotiation, they can seek to have GRUUVV facilitate a resolution by clicking
“Get GRUUVV Involved.” Once GRUUVV is involved, a GRUUVV representative will
review the refund request and the subsequent negotiations between the parties.
The GRUUVV representative will then determine, in his or her sole discretion,
whether the Event Host is entitled to a refund. The decision of the GRUUVV
representative shall be final and binding on both parties. Failure to honor the
decision of the GRUUVV representative within a commercially reasonable time
will result in the termination of your GRUUVV Account.
Event Hosts can cancel a confirmed Booking at any time
pursuant to the Booking’s cancellation policy, and GRUUVV or its third-party
payment services will refund the amount of the Total Fees due to the Event Host
in accordance with such cancellation policy. DJs are responsible for setting
the cancellation policies for their Bookings by choosing one of three policy
options allowed by the GRUUVV Platform. Unless extenuating circumstances exist,
any portion of the Total Fees due to the DJ under the applicable cancellation
policy will be remitted to the DJ by GRUUVV pursuant to the Payments Terms.
If a DJ cancels a confirmed Booking, the Event Host
will receive a full refund of the Total Fees for such booking within a commercially
reasonable time of the cancellation. Further, GRUUVV may publish an automated
review on the Booking canceled by the DJ indicating that a Booking was
canceled. In addition, GRUUVV may (i) keep the calendar for the Booking
unavailable or blocked for the dates of the canceled Booking, and/or (ii)
impose a cancellation fee, unless the DJ has a valid reason for canceling the
Booking or has legitimate concerns about the Event Host’s behavior.
If inclement weather creates an unsafe or
uncomfortable scenario for Event Hosts or DJs, either party may modify or
cancel a DJ Service. If there is a substantial change in the itinerary or the
DJ Service needs to be canceled, DJs and Event Hosts must work together through
the GRUUVV Resolution Center to provide an alternative date for the DJ Service,
an appropriate refund, or a rebooking. If necessary, the parties may seek to
involve GRUUVV to facilitate a resolution.
In certain circumstances, GRUUVV may decide, in its
sole discretion, that it is necessary to cancel a confirmed Booking and make
appropriate refund and payout decisions. This may be for reasons where GRUUVV
believes in good faith, while taking the legitimate interests of both parties
into account, this is necessary to avoid significant harm to GRUUVV, other
Members, third parties or property.
If, as a DJ, your Event Host cancels a confirmed
Booking or GRUUVV decides that it is necessary to cancel a confirmed Booking,
and GRUUVV issues a refund to the Event Hosts in accordance with these Terms,
you agree that in the event you have already been paid, GRUUVV will be entitled
to recover the amount of any such refund from you, including by subtracting
such refund amount out from any future Payouts due to you.
Ratings and Reviews
After completing a Booking, Event Hosts and DJs can
leave a public review (“Review”) and submit a star rating (“Rating”) about each
other. Ratings or Reviews reflect the opinions of individual Members and do not
reflect the opinion of GRUUVV. Ratings and Reviews are not verified by GRUUVV
for accuracy and may be incorrect or misleading.
Members are prohibited from manipulating the Ratings
and Reviews system in any manner, such as instructing a third party to write a
positive or negative Review about another Member.
Ratings and Reviews are part of a Member’s public
profile and may also be visible elsewhere on the GRUUVV Platform (such as the
Booking page) together with other relevant information such as number of
Bookings, number of cancellations, average response time and other information.
You agree to defend, indemnify, and hold harmless GRUUVV, its
affiliates, licensors, and their respective officers, directors, employees,
contractors, agents, licensors, suppliers, successors, and assigns from and
against any claims, liabilities, damages, judgments, awards, losses, costs,
expenses, or fees (including reasonable attorneys’ fees) arising out of or
relating to your violation of these Terms or your use of the GRUUVV Platform,
including but not limited to any use of the GRUUVV Platform’s content,
services, and products other than as expressly authorized in these Terms.
11. Governing Law
All matters relating to the GRUUVV Platform and these
Terms and any dispute or claim arising therefrom or related thereto (in each
case, including non-contractual disputes or claims), shall be governed by and
construed in accordance with the internal laws of the Commonwealth of
12. Dispute Resolution by Binding Arbitration and
Class Action Waiver
By using the GRUUVV Platform, you and GRUUVV agree
that in the event of any dispute between you and GRUUVV, each party shall
notify the other party in writing within thirty (30) days of the date the
dispute arises. The parties shall submit their dispute to confidential
mediation for a good-faith resolution, which shall be a prerequisite to any
further dispute resolution. The mediation will be administered by the American
Arbitration Association (“AAA”) under its Commercial Mediation Rules and shall
take place in the city of Boston, Massachusetts. The mediation shall commence
upon the parties’ provision of a joint, written request for mediation to the
mediation service, which shall include a description of the dispute and the
relief requested. Each party shall cooperate with the mediation service in all
reasonable respects and participate in good faith. Mediation fees and expenses
shall be borne equally by the parties. If, after the earlier of (i) sixty (60)
days following the commencement of the mediation, or (ii) the completion of the
initial mediation session, the parties have still not come to a resolution for
any reason (including failure to actually mediate), the parties shall seek to
resolve the dispute by binding arbitration, more fully set forth below. Until
such time, binding arbitration may not be pursued by the parties.
In the event that confidential mediation between the
parties fails, any controversy or claim arising out of or relating to this
Agreement or the parties’ dealings shall be settled by binding arbitration
administered by the AAA in the City of Boston, Massachusetts in accordance with
the Commercial Arbitration Rules of the AAA. The arbitrator, and not any court
or agency, shall have exclusive authority to resolve all disputes arising out
of or relating to this Agreement, including, but not limited to, any claim that
all or any part of this Agreement is void or voidable. The decision of the
arbitrator shall be final and binding and judgment upon the award rendered may
be entered and enforced in any court of competent jurisdiction. You and GRUUVV
hereby expressly waive trial by jury. You also agree not to participate in
claims brought in a private attorney general or representative capacity, or
consolidated claims involving another person’s account, if GRUUVV is a party to
Notwithstanding the parties’ decision to resolve all
disputes through mediation or arbitration, legal action taken by GRUUVV to
collect any fees, recover damages for, or obtain an injunction relating to the
operations of the GRUUVV Platform operations or intellectual property shall not
be submitted to mediation or arbitration except as otherwise agreed to in
writing by GRUUVV.
The parties understand that, absent this mandatory
provision, they would have the right to sue in court and have a jury trial.
They also understand that court review of an arbitration award is subject to
very limited review.
The parties further agree that any arbitration shall
be conducted in their individual capacities, and not as a class action or other
representative action. In the event that applicable law deems this class action
waiver is void or invalid with respect to a given claim, then the arbitration
provision set forth above shall be deemed null and void in its entirety and the
parties shall be deemed to have not agreed to arbitrate disputes.
This arbitration provision shall not be deemed to
restrict the right of an Event Host to seek relief against a DJ in small claims
court for disputes or claims within the scope of that court’s jurisdiction.
13. Waiver and Severability
No waiver by GRUUVV of any term or condition set forth
in these Terms shall be deemed a further or continuing waiver of such term or
condition or a waiver of any other term or condition, and any failure of GRUUVV
to assert a right or provision under these Terms of Service shall not
constitute a waiver of such right or provision.
If any provision of these Terms is held by a court or
other tribunal of competent jurisdiction to be invalid, illegal, or
unenforceable for any reason, such provision shall be eliminated or limited to
the minimum extent such that the remaining provisions of the Terms will
continue in full force and effect.