Finding the Groove - All Kinds of Kids Making All Kinds of Music

Terms of Use

Welcome to Findingthegroove.com ("FTG"), where we have created a safe, educational and entertaining place on the worldwide web for children between the ages of seven (7) and fourteen (14) years of age who have been registered, with their parent's consent, to showcase their musical abilities by submitting videos of their musical performances and statements concerning their musical experiences, to the website for viewing (via digital streams only).

On the website, we create a separate personal page for each registrant on the website where a registrant may: (i) upload videos of their musical performances in which they also provide answers to certain questions posed by the website concerning their musical experiences (no personally identifiable information), click on Making a Video, and (ii) view each other's videos and select their favorites to link to their personal page of the site.

Registered kids between specified ages and living in specified zip code areas who have uploaded videos to the website, will, on a regular basis as announced on the site, have the opportunity to participate in certain regional and national live musical concerts hosted by major arts presenters or educational institutions in conjunction with symphony orchestras (and the associated contests which will be judged by industry professionals). The judges will select videos to be part of multi-media presentations during the concerts as well performers to be included in the nationwide live concert events.

Nobody will have access to view or make any changes to a registrant's personal page of the website without first entering the username and password of the registrant. Users will not have the ability to download or otherwise capture any of the musical videos or other material on the website.

Kids can become a member of Findingthegroove.com for free. However, to do so, you must register and we must receive notice by e-mail, of your parent's permission for you to become a member. Parents will be required to click "I agree" to these Terms of Use and FTG's Privacy Policy before any child becomes a registered on the site.

FTG is owned and operated by FTG, LLC and its corporate affiliates (collectively, "us", "we" or the "Company").

PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.

1. Acceptance of Terms
A. By accessing and using the website at www.findingthegroove.com or any mobile version thereof (together the "FTG Website", or the "Site"), you (the "User"), whether or not you are a registered member of the FTG Website, signify that you have read, understood and agree to be legally bound by these Terms of Use ("Terms of Use" or "Agreement") and FTG's privacy policy which you can access at Privacy Policy, and which is incorporated herein by reference. If you do not agree to these terms, please do not use the FTG Website.

B. We reserve the right, at our sole discretion, to change, modify, add to, or otherwise alter these Terms of Use at any time without further notice. If we do this, we will post the changes to the Terms of Use on this page and will indicate at the top of the page the date these terms were last revised. Such changes and/or modifications shall become effective immediately upon their posting, so please review the Terms of Use posted at this link periodically. Your continued use of the Website following the posting of changes and/or modifications will constitute your acceptance of the revised Terms of Use (including the FTG Privacy Policy and Copyright Policy).

2. FTG Website/Third Party Hyperlinks
A. These Terms of Use apply to all Users of the FTG Website, including Users who are also contributors of video content and other materials on the Site. The FTG Website includes all aspects of FTG, including but not limited to all products, software and services offered via the FTG Website such as the FTG's Embeddable Player and Uploader, and other applications.

B. The FTG Website may contain links to third party websites that are not owned or controlled by FTG. FTG has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. FTG will not and cannot censor or edit the content of any third-party websites. By using the FTG Website, you expressly release FTG from any and all liability arising from your use of any third-party website. We encourage you to be cautious when you leave the Site and to read the terms and conditions and privacy policies of each other website that you visit.

3. Website Access/FTG Website Account
A. FTG hereby grants you permission to use the FTG Website as set forth in this Terms of Use, provided that: (i) your use of the FTG Website as permitted is solely for your personal, noncommercial use; (ii) you will not copy or distribute any part of the FTG Website in any medium without FTG's prior written authorization; (iii) you will not alter or modify any part of the FTG Website.

B. In order to upload a video to the FTG Website, you will have to create an account. You may never use another's account without permission. When creating an account, you must provide accurate and complete information as requested from you during the registration process which begins by clicking on a link located on the home page of the Site. You will have to submit the e-mail address of one of your parents and have them verify their consent to your participation in the FTG Website by the method proscribed in during the registration process. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify FTG immediately of any breach of security or unauthorized use of your account. Although FTG will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of FTG or others due to such unauthorized use.

C. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," etc., that accesses the FTG Website in a manner that sends more request messages to the FTG servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, FTG grants the operators of public search engines permission to use spiders to copy materials from the FTG Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. FTG reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the FTG Website, nor to use the communication systems provided by the FTG Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the FTG Website with respect to their uploaded videos submitted by you or other users ("User Submissions").

D. In your use of the website, you will otherwise comply with the terms and conditions of these Terms of Use, and all applicable local, national, and international laws and regulations including (without limitation) the Digital Millenium Copyright Act ("DMCA").

E. FTG reserves the right to discontinue any aspect of the FTG Website at any time.

4. User Submissions/Ownership
A. An FTG account holder may submit video content for posting to the FTG Website ("User Submissions"). You understand that whether or not such User Submissions are published, FTG does not guarantee any confidentiality with respect to any User Submissions.

B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize FTG to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the FTG Website and these Terms of Use; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person manner contemplated to enable inclusion and use of the User Submissions in the by the FTG Website and these Terms of Use.

C. You retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to the FTG Website, you hereby grant FTG, and its successors,. affilaiates and assigns, a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the FTG Website and FTG's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the FTG Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the FTG Website a non-exclusive license to access your User Submissions through the FTG Website, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the FTG Website and under these Terms of Use. The above licenses granted by you in User Videos terminate within a commercially reasonable time after you remove or delete your User SUbmissions from the FTG Website. You understand and agree, however, that FTG may retain, but not display, distribute, or perform, server copies of User Submissions that have been removed or deleted. The above licenses granted by you in User Comments are perpetual and irrevocable.

D. In connection with User Submissions, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant FTG all of the rights granted herein; (ii) publish falsehoods or misrepresentations that could damage FTG or any third party; (iii) submit material that (A) is unlawful, obscene, profane, defamatory, libelous, threatening, pornographic, sexually explicit or implicit, harassing, hateful, racially or ethnically offensive, (B) contains religious, political or social commentary, encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate, and/or (C) contains other information that FTG deems, in its sole discretion, to be inappropriate for this FTG Website; (iv) post advertisements or solicitations of business; and/or (v) impersonate another person. FTG does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and FTG expressly disclaims any and all liability in connection with User Submissions. FTG does not permit copyright infringing activities and infringement of intellectual property rights on the FTG Website, and FTG will remove a User Submission if properly notified that such User Submission infringes on another's intellectual property rights (see paragraph 8 hereof - DMCA Notice Procedure). FTG reserves the right to remove User Submissions without prior notice. FTG will also terminate a User's access to the FTG Website, if they are determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had a User Submission removed from the FTG Website more than twice. FTG also reserves the right to decide whether a User Submission is appropriate and complies with these Terms of Use for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. FTG may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Use at any time, without prior notice and at its sole discretion.

E. You understand that when using the FTG Website, you will be exposed to User Submissions from a variety of sources, and that FTG is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against FTG with respect thereto, and agree to indemnify and hold FTG, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the FTG Website. FTG does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and FTG expressly disclaims any and all liability in connection with User Submissions.FTG does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and FTG will remove all User Submissions if properly notified that such User Submission infringes on another's intellectual property rights. FTG reserves the right to remove User Submissions without prior notice.

5.      Unauthorized Links To FTG Website
By using this website, you specifically agree not to link to any pages within the Finding The Groove.com site without Finding The Groove' express written approval. If you do not receive such express written approval prior to linking to an internal page on Finding The Groove.com, you hereby consent to an injunction to be entered against you by a court of competent jurisdiction, as provided herein, permanently enjoining you from linking to any internal pages from the Finding The Groove.com site.

6.     Use of Content on FTG Website
A.     The content on the FTG Website, except all User Submissions, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to FTG, subject to copyright and other intellectual property rights under the law. Content on the Website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. FTG reserves all rights not expressly granted in and to the FTG Website and the Content.

B. Users are not permitted or authorized to copy, reproduce, republish, upload, post, transmit, or distribute Content (or any portion thereof) in any way or by any means. Modification of Content or use of Content for any other purpose is a violation of FTG's copyright and other proprietary rights. For purposes of these Terms of Use, use of any Content in any unauthorized manner (including, without limitation, on web pages or sites that contain paid or free advertisements, third-party endorsements of any kind or nature (including without limitation, endorsements of a religious, political, or social orientation nature), promotions, products, games, services, or other inappropriate content) is strictly prohibited. You agree not to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast, sell, decompile, reverse engineer, disassemble, or circulate any Content to any third party (including, without limitation, display and distribute the Content via a third party website) without FTG's express prior written consent. Unauthorized or prohibited exploitation of Content will result in deletion of the offender's account from the FTG Website, and may subject the offender to civil liability and criminal prosecution under applicable federal and state laws.

C. You may access User Submissions solely: (i) for your information and personal use, (ii) as intended through the normal functionality of the FTG Webiste; and (iii) for Streaming only.
"Streaming" means a contemporaneous digital transmission of an audiovisual work via the Internet from the FTG Website to a user's device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the user. Accessing User Videos for any purpose or in any manner other than Streaming is expressly prohibited.

D. You may access FTG Content, User Submissions and other content only as permitted under this Agreement. FTG reserves all rights not expressly granted in and to the FTG Content and everything on the FTG Website.

E. You agree not to circumvent, disable or otherwise interfere with security-related features of the FTG Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the FTG Website or the Content therein.

7. Children's Privacy Protection Policy
A. Children under the age of thirteen can become a member of Findingthegroove.com for free. However, to do so, a child must register and we must receive notice by e-mail, of a child's parent's permission for that child to become a member. All parents will be required to click "I agree" to these Terms of Use and FTG's Privacy Policy before any child becomes a registered user on the site.

B. Findingthegroove.com follows the FTC guidelines for compliance with the Children's Online Privacy Protection Act and Rule. No personal information provided to FTG or to the FTG Website by its registered members is sold or rented to any third parties.

8. DMCA Notification
We take protection of copyrights, both our own and others, very seriously:

A. If you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent (see below) with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
(iv) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
(v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
FTG's designated Copyright Agent to receive notifications of claimed infringement may be contacted at copyright@findingthegroove.com, or by mail to Copyright Agent, Finding The Groove, 459 Columbus Avenue, Suite# 504, New York, New York 10024. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to FTG customer service at info@findingthegroove.com. You acknowledge that if you fail to comply with all of the requirements of this Section 8, your DMCA notice may not be valid.

B. Counter-Notice. If you believe that your User Submission that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Submission, you may send a counter-notice containing the following information to the Copyright Agent:
(i) Your physical or electronic signature;
(ii) Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
(iii) A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
(iv) Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in New York, New York, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, FTG may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at FTG's sole discretion.

9. Contest Rules
A. On a regular basis, we will provide you with the opportunity to participate in regional or national live musical contests hosted by major arts presenters or educational institutions in conjunction with symphony orchestras, which are governed by the contest rules available by clicking on Contest Rules. The significant portions of these rules are as follows:

B. By registering as a member on the website and uploading videos to the website that are made accessible for everyone to view, you are automatically entered in contests to select participants in live concert events with symphony orchestras, major arts presenters and educational institutions throughout the country. Each contest will be open to registered members who are between the ages specified in the Contest Rules, on a concert by concert basis, and who reside in the zip code areas specified in the Contest Rules. Each contest will close to further entries on the date specified in the Contest Rules.

C. When we decide to present a concert (and hold the associated contest), we will announce it on the home page of the website and update the Contest Rules to give the eligibility requirements for the contest (age range and range of applicable zip codes) and the date and location of the concert and the deadline for uploading videos to be judged by the professional judges in the associated contest.

D. Each contest will be professionally judged by a panel of arts educators, industry experts from the entertainment business, and professional musicians. Winners will be notified through their parents e-mail or telephone number, and required to fill out certain additional paperwork required to participate in a concert event and to accept any contest prize.

E. Individual winners will be selected on the basis of performance ability, skill level and experience. Children chosen to perform with symphony orchestras must be at a very high and appropriate level of skill. Children chosen to play with their family or friends must also exhibit a high level of skill and experience. There are no limits to the types of styles that are accepted for consideration but the quality of repertoire and the high level of execution of that repertoire is significant to the judging process.

F. Videos will be selected for the multi-media portion of the concerts on the basis of originality of content, entertainment value and must demonstrate a deep understanding of music and how it is significant in children’s lives. Entries must show a connection between kids making music and the world around them.

G. The grand prize(s) will be the opportunity to perform onstage at a concert hosted by major arts presenters or educational institutions with a designated symphony orchestra, solo, or with family or friends. Several subsidiary prizes will be awarded which will consist of the opportunity to have your video(s) be part of a multi-media presentation to coincide with the applicable concert.

H. Winners will be announced by username only on the home page of the website. Winners will also be announced by their real name and address and other personally identifiable information, provided that the winner(s) and his or her parent have consented in writing to such identification.

I. You may reject any contest prize awarded to you.

10. Account Termination Policy/Denial Of Access
FTG, for any reason and at its sole discretion, may decide that any person shall be denied access to the FTG Website. The sending of an e-mail notice by FTG to any e-mail address used by a person who is subject to the denial shall constitute complete and sufficient notice of the denial. By agreeing to these Terms of Use, you agree to cease and desist immediately from any attempt to access the FTG Website upon issuance of a denial. If you do not cease and desist, you hereby consent to an injunction to be entered against you by a court of competent jurisdiction, as provided herein, permanently enjoining you from attempting to access the FTG Website.

11. Disclaimer of Warranties
YOU AGREE THAT YOUR USE OF THE FTG WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, FTG, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. FTG MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS FTG WEBSITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS FTG WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE FTG WEBSITE. FTG DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE FTG WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND FTG WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

12. Limitation of Liability
IN NO EVENT SHALL FTG, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE FTG WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT FTG SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Website is controlled and offered by FTG from its facilities in the United States of America. FTG makes no representations that the FTG Website is appropriate or available for use in other locations. Those who access or use the FTG Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

13. Indemnity
You agree to defend, indemnify and hold harmless FTG, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the FTG Website; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; and/or (iv) any claim that one of your Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the FTG Website.

14. Privacy Policy
These Terms of Use expressly incorporate the privacy policies which you can access at Privacy Policy.

15. Assignment
These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by FTG without restriction.

16. Miscellaneous
A. Finding The Groove operates and controls the FTG Website from its offices in New York, New York, in the United States of America. Finding The Groove makes no representation that the FTG Website is appropriate or available in other locations. Accordingly, those persons who choose to access the FTG Website from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Software from this FTG Website is subject to United States export controls. Thus, no software from this FTG Website may be downloaded, exported or re-exported (a) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading any software, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.

B. These Terms of Use contain the entire understanding of the parties hereto relating to the subject matter hereof, and cannot be changed or terminated orally. The privileges granted to you under this Agreement will terminate immediately and automatically without notice from Finding The Groove if, in our sole discretion, you fail to comply with any term or provision of these Terms of Use. Upon such termination, you must destroy all Materials obtained from this FTG Website (or any other web site or source), and all copies thereof, whether or not made under the terms of this Agreement.

C. If any provision of these Terms of Use is found to be illegal or unenforceable, the Terms of Use will be deemed modified to the extent necessary to make it legal and enforceable and will remain, as modified, in full force and effect.

D. The Terms of Use and all matters or issues collateral thereto will be governed by, construed and enforced in accordance with the Laws of the State of New York applicable to contracts executed and performed entirely therein (without regard to any principles of conflicts of laws). You hereby agree that any action at law or in equity arising out of or relating to these Terms of Use or the FTG Website shall be filed only in the state or federal courts located in the County of New York, in the State of New York. Further, you hereby expressly consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.