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Grokker Privacy Policy

Last Modified 5/31/2018

Thank you for using Grokker! We wrote this Privacy Policy to help you understand what information we collect, how we use it, and how you can access and control your information.

This Privacy Policy explains how information is collected, used, and disclosed when you use Grokkers website (grokker.com), content, apps, products, and services (collectively, the "Services"). The Services are owned and operated by Grokker, Inc. ("Grokker", "we" or "us"). Weve tried to make it easy and straightforward, but if you have any questions please contact us at support@grokker.com.


Information We Collect


Your Grokker Account Information

To use most features of the Services, you must create an account with Grokker. You can create an account either directly or through a Single Sign On (SSO) service provided by one of our partners or your employer. When you create an account with Grokker, you or the SSO service provide us your name and email address. If you are creating your own account, youll also need to provide a password.

Information We Receive from Your Employer

If you have Grokker through your employer, they may also provide us with the following additional data:

  • Your phone and physical address
  • Your demographic and location information

Your Actions on Grokker

When you use the Grokker Services, we collect information about the actions you take, including loving and collecting videos, entering comments or annotations, following topics or users, or marking "I Did This" when you complete a video. All of the actions you take on Grokker are public, and may be visible to other Grokker users. In addition, you may choose to publish information about your actions on Grokker on third party services such as social media accounts.


Information We Collect Automatically

Like almost all web and mobile products, we automatically collect a variety of information when you use the Grokker Services:

  • Log Data. Our servers automatically record information about your interaction with our products (log data), including information that your browser or your mobile app sends. This log data may include your Internet Protocol (IP) address, your location, the address of the web page you were visiting before you came to Grokker, browser type and settings, the date and time of your request, and actions you take on Grokker.
  • Cookie Data Like many websites, we use "cookies" (a small text file sent to your browser and stored on your device), or similar technologies. We use cookies so that when you re-access Grokker we can automatically log you in or populate the log-in fields for you. You can disable cookies through your browser, however, disabling cookies may limit your ability to use the Grokker Services.
  • Web beacon A "web beacon," also known as an Internet tag, pixel tag or clear GIF, is used to transmit information back to a web server. We also use pixel tags in our emails to customers to track effectiveness, response rates, and similar information about when our emails are read or forwarded.
  • Device Information We may collect information about the device youre using Grokker on, including what type of device it is, what operating system youre using, device settings, unique device identifiers, and crash data.
  • Analytics We may also use third party applications and services, such as Google Analytics, to collect and analyze information about visitor traffic on our sites and mobile applications. We use this information to analyze and improve the Grokker Services. This information includes general usage information, and may include information such as the number and frequency of our visitors, which pages or features they have visited, which links they have clicked on, and the length of those visits.

Health Information

We may ask you health-related questions in order to recommend videos, programs, and other content to you, and to help you track your progress.

In addition, with your permission, our iPhone application uses the Apple HealthKit framework to gather data on your body and health stats, which may include, but are not limited to: your biological sex, gender, height, and weight to help us recommend and provide better content to you.

Apple may choose to gather this data from other applications, your data input on iOS, and your wearables. For this or related information, please refer to www.apple.com.


Information We Obtain from Third Party Services

You may be able to link certain third party accounts ("Third Party Accounts") to your Grokker account. To link your Third Party Account to Grokker, you must grant Grokker permission to send information to that service, according to that sites permission page (where you consent to link your Third Party Account) and your privacy settings for that Third Party Account. When you do this, we will receive information from the Third Party Account in accordance with your permissions.


Third Party Advertising

On our Services, we and other third parties, such as ad networks and analytics providers, may collect information about your online activities to provide advertising about products and services tailored to your individual interests. These third parties help us track the effectiveness of our marketing efforts and to show targeted ads by collecting information through automated means, including through the use of cookies, web server logs, web beacons and other methods. These third parties collect information about the websites and apps you use, the pages and advertisements you view, and the actions you take on our Services and other websites and apps and may use that information to show you advertisements for Grokker and others that are tailored to your individual interests. You may opt out of receiving interest-based ads from many of these third parties by visiting www.aboutads.info/choices, or, if you are in the EEA, by visiting www.youronlinechoices.eu/. Your device may also include a feature ("Limit Ad Tracking" on iOS devices and "Opt Out of Interest-Based Ads" or "Opt Out of Ads Personalization" on Android devices) that allows you to opt out of having certain information collected through mobile apps used for behavioral advertising purposes.


How We Use Your Information

We use the information we collect for the following purposes:

  • To provide our Services, to communicate with you about your use of our Services, to respond to your inquiries, to fulfill orders, and for other customer service purposes.
  • To provide technical support and troubleshoot technical issues with our Services.
  • To tailor the content and information that we may send or display to you, to offer location customization, content suggestions, targeted advertising, and personalized help and instructions, and to otherwise personalize your experiences while using our Service.
  • For marketing and promotional purposes. For example, we may use your information, such as your email address, to send you news and newsletters, special offers, and promotions, or to otherwise contact you about products or information we think may interest you. We also may use the information that we learn about you to assist us in advertising our Services on third party websites.
  • To better understand how users access and use our Services, both on an aggregated and individualized basis, in order to improve our Services and respond to user desires and preferences, develop new features and products, and for other research and analytical purposes.

We use health-related data to make calculations about your workouts such as the number of calories burned and to make recommendations for suggested workouts and programs. We will not use health-related data for advertising purposes.

How Your Information May Be Shared


With the Grokker Community and Linked Services

The Grokker community is built on openness and sharing. Therefore your Grokker profile and actions that you take on Grokker are public, and visible to other Grokker users. If you link your Grokker account with external apps like Fitbit and Garmin, your activities reported from these devices may be published as an "I Did This" and visible to other Grokker users. If you choose to link your Grokker account with Third Party Services (such as Facebook), we will share information with that service in accordance with your permissions.


With Business Partners

If you have Grokker through your employer, we share aggregate data about your use of the Services including, but not limited to average time spent, video views, and program sign ups to help them understand their usage of Grokker.

We may share aggregated or non-personally identifiable information with our partners or others in order to secure agreements or demonstrate the health of the business.


With Our Service Providers

We share information with third party companies or individuals we employ to collect and process data, such as contractors, consultants, and accountants, who agree to abide by this Privacy Policy.


In the Event of a Merger

We may engage in a merger, acquisition, bankruptcy, dissolution, reorganization, or similar transaction involving or proceeding that involves the transfer of the information described in this Privacy Policy.


Legal Reasons

We may share information if we believe that disclosure is reasonably necessary to comply with a law, regulation or legal request; to protect the safety, rights, or property of the public, any person, or Grokker; or to detect, prevent, defend against or otherwise address abuse, fraud, security or legal issues.


Access, Deletion, and Controls


Your Grokker Profile

You can access and update most of your personal information through your Grokker profile. You may also request access, updating and correction in your personal information by contacting us. To protect your privacy and security, we take reasonable steps (such as requesting a password) to verify your identity before granting you access or allowing you to make any corrections or updates.


Linked Third Party Accounts

If you have linked your Grokker account to a Third Party Services account, you can control the information that Grokker may access, and the ability of Grokker to publish on your behalf with settings from that Third Party Service. You can also choose to unlink your account. To learn more about these choices, please see the information provided by the Third Party Service provider.


Marketing Emails and Other Communications

We may send you marketing emails. To unsubscribe from marketing emails, simply follow the opt out instructions in any such email, or email us at support@grokker.com to be placed on our opt out list.


Mobile Push Notifications/Alerts

With your consent, we may send promotional and non-promotional push notifications or alerts to your mobile device. You can deactivate these messages at any time by changing the notification settings on your mobile device.


Transfer of Information to the U.S. and Other Countries

Grokker is based in the United States and we process and store information in the U.S. As such, we and our service providers may transfer your information to, or store or access it in, jurisdictions that may not provide equivalent levels of data protection as your home jurisdiction. We will take steps to ensure that your personal data receives an adequate level of protection in the jurisdictions in which we process it.


Security

We have implemented security precautions to protect the personal information we collect. However, no data transmission or storage is 100% effective.


Data Retention

We store the information we collect about you for as long as is necessary for the purpose(s) for which we originally collected it. We may retain certain information for legitimate business purposes or as required by law.


Age Limitations

To the extent prohibited by applicable law, Grokker does not allow use of our Services by anyone younger than 13 years old or, in the EEA, 16 years old. If you learn that anyone younger than 13 (or, in the EEA, 16) has unlawfully provided us with personal data, please contact us and we will take steps to delete such information.


Residents of the European Economic Area



Lawful Basis for Processing

If you are a resident of the EEA, when we process your personal data we will only do so in the following situations:

  • We need to use your personal data to perform our responsibilities under our contract with you (e.g. processing payments for and providing the services you have requested).
  • We have a legitimate interest in processing your personal data. For example, we may process your personal data to communicate with you about changes to our Services, and to provide, secure, and improve our Services.
  • We have your consent to do so. For example, we may seek your consent to send you marketing communications.

Data Subject Requests

If you are a resident of the EEA, you have the right to access personal data we hold about you and to ask that your personal data be corrected, erased, or, in some cases, transferred to another company. You may also have the right to object to, or request that we restrict certain processing, or to withdraw your consent if you previously consented to our processing of your personal data. If you would like to exercise any of these rights, you can follow the instructions provided under "Access, Deletion, and Controls" above or you may contact us as indicated below.


Changes to this Policy

We may change this Privacy Policy from time to time, and this page will always contain the latest version. By continuing to use the Grokker Services after those changes are in effect, you agree to the revised policy. If we make material changes that affect the information we previously collected from you, we will attempt to notify you by providing more prominent notice on our website or attempting to email you at your email address of record with us.


How To Contact Us

If you have other questions or concerns about this Privacy Policy, please send us an email at support@grokker.com or at the contact information below:


550 S Winchester Blvd #500, San Jose, CA 95128

Phone: (408) 236-7582

 

Grokker Terms of Service

Last Modified 5/31/2019

Thank you for using Grokker! Grokker, Inc. ("Grokker") offers expert videos and brings together a community of people who share a passion for mindfulness, yoga, fitness, and other pursuits.

  1. Acceptance of the Terms and Agreement to be Bound

These Terms of Service ("Terms of Service" or "Terms") govern your access to and use of the websites, products, data, services, and Content provided to you on, from, or through the Grokker.com website, mobile or tablet apps, tv apps, any Grokker software, and any applications created by Grokker whether available through a social networking site or its subsidiaries or affiliated companies ("Service"). We reserve the right to withdraw or amend the Service, in our sole discretion and without notice to you. We will not be liable if, for any reason, all or any part of the Service is unavailable at any time or for any period. As used herein, "Content" includes the logos, images, software, videos, text, graphics, photos, sounds, music, audiovisual combinations, interactive features, collections and other materials you may view on, access through, or contribute to the Service.

By accessing or using the Service, you agree to be bound by these Terms of Service and our Privacy Policy ("Privacy Policy") if you are eighteen (18) or over. If you are under the age of eighteen (18), you represent that a parent or legal guardian also agrees to these Terms and our Privacy Policy on your behalf. You may use the Service only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. You must provide us accurate information, including your real name, when you create your account on Grokker. If you do not agree to these Terms or our Privacy Policy please do not use the Service.

  1. Changes to the Terms

We may modify these Terms of Service and policies at any time, and such modification shall be effective upon its posting on this website. You agree to be bound by such modifications or revisions when you use the Service after any such modification is posted.

  1. Conditions for General Use

Grokker provides Content through its website and through the Service that is copyrighted and/or trademarked work of Grokker or Grokker’s third-party licensors and suppliers or other users of the Content.

Subject to the terms and conditions of these Terms, and your compliance with these Terms, Grokker hereby grants you a limited, personal, non-exclusive and non-transferable license to use and to display the Content and to use the Service, including Grokker’s website, solely for your personal use. Except for the foregoing license, you have no other rights in the Service, including Grokker’s website, or any Content, and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Service, including Grokker’s website, or any Content in any manner.

If you breach any of these Terms, the above license will terminate automatically and you must immediately destroy any downloaded or printed Content.

  1. You agree not to use the Service for any commercial uses except as required by Grokker in order to provide services to Grokker, or unless you obtain Grokker’s prior written approval.
  2. You agree not to copy, upload, republish or distribute in any medium any part of the Service (including the Content, and including screenshots of Grokker.com) without Grokker’s prior written authorization, unless Grokker makes available the means for such distribution through functionality offered by the Service (such as a built-in sharing flows or an Embeddable Video Player).
  3. You agree not to alter or modify any part of the Service, including the video player that is incorporated into the Service and the Content.
  4. You agree not to index or frame the Service (including the video player that is incorporated into the Service and the Content) through any technology or means other than the video playback pages of the Service itself.
  5. The Service is protected by copyright, trademark, and other laws of the United States and foreign countries. Nothing in these Terms gives you a right to use the Grokker name or any of the Grokker trademarks, logos, domain names, and other distinctive brand features. You agree that, as between you and Grokker, Grokker owns and retains all right, title, and interest in and to the Grokker Content and Service. The Service (including the Content), and the trademarks, service marks and logos on the Service, are owned by or licensed to Grokker, subject to copyright and other intellectual property rights under the law.
  6. You agree not to use or launch any automated system on the Service, including without limitation, "robots," "spiders," or "offline readers," (other than individually performed searches on publicly accessible search engines or for the sole purpose of, and solely to the extent necessary for, creating publicly available search indices of the Service).
  7. You agree not to introduce viruses or any other computer programs that interrupt, disable, overburden, or gain unauthorized access to the Service, including Grokker’s servers, computer network, or user accounts.
  8. You agree to not access or tamper with non-public areas of the Service, Grokker’s computer systems, or the technical delivery systems of Grokker’s providers.
  9. You agree to not probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures.
  10. You agree not to solicit, collect or harvest any personally identifiable information, including account names, from the Service, or from Grokker users.
  11. You agree not to use the communication systems provided by the Service (e.g., comments, messaging) for any commercial solicitation purposes or to spam users of the Service.
  12. You agree not to solicit, for commercial purposes, any users of the Service.
  13. You agree to comply with all applicable laws in your use of the Service, including patent, trademark, copyright, privacy, or other proprietary rights.
  14. We reserve the right to immediately terminate or restrict your account or your use of the Service or access to Content at any time, without notice or liability, if Grokker determines in its sole discretion that you have breached these Terms, violated any law, rule, or regulation, engaged in other inappropriate conduct, or for any other business reason. We also reserve the right to terminate your account or your use of the Service or access to Content if such use places an undue burden on our networks or servers.
  1. Native Applications

Grokker makes available software that allows you to access the Grokker.com website and the Service from mobile and set-top devices ("Native Application(s)"). To use a Native Application you must have a device that is compatible with the application. Grokker does not warrant that the Native Applications will be compatible with your particular device. Grokker hereby grants to you a non-exclusive, non-transferable, revocable license to use the Native Applications. You may not:

  1. modify, disassemble, decompile or reverse engineer the Native Applications, except to the extent that such restriction is expressly prohibited by law;
  2. rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Native Applications to any third-party or use the Native Applications to provide time sharing or similar services for any third-party;
  3. make any copies of the Native Applications;
  4. remove, circumvent, disable, damage or otherwise interfere with security-related features of the Native Applications, features that prevent or restrict use or copying of any content accessible through the Native Applications, or features that enforce limitations on use of the Native Applications; or
  5. delete the copyright and other proprietary rights notices on the Native Applications. You acknowledge that Grokker may from time to time issue upgraded versions of the Native Applications, and may automatically electronically upgrade the version of the Native Application that you are using on your device. You consent to such automatic upgrading on your device, and agree that these Terms will apply to all such upgrades. The foregoing license grant is not a sale of the Native Applications or any copy thereof, and Grokker and its third-party licensors or suppliers retain all right, title, and interest in and to the Native Applications (and any copy of the Native Applications). Standard carrier data charges may apply to your use of the Native Applications.
  1. Geo-Location

The Service may include and may make use of certain functionality and services provided by third-parties that allow Grokker to include maps, geocoding, places and other content from third-parties as part of the Service.

  1. Code of Conduct

In using the Service, you must behave in a civil and respectful manner at all times. Further, you will not:

  • Act in a deceptive manner by, among other things, impersonating any person;
  • Harass or stalk any other person;
  • Harm or exploit minors;
  • Distribute "spam";
  • Collect information about others; or
  • Advertise or solicit others to purchase any product or service.

Grokker has the right, but not the obligation, to monitor all conduct on and content submitted to the Service. Grokker reserves the right to alter, edit, remove, or refuse to post any content, in whole or in part in its sole discretion or to satisfy or comply with applicable laws, regulations and/or legal processes.

  1. Access and Use of the Content

In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content:

  1. Content is provided to you "AS IS". You may access Content for your information and personal use solely as intended through the provided functionality of the Service and as permitted under these Terms. You shall not download any Content unless you see a "download" or similar link displayed by Grokker on the Service for that Content. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any purposes. Grokker and its licensors reserve all rights not expressly granted in these Terms to the Service and the Content.
  2. You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein.
  3. You understand that when using the Service, you will be exposed to Content from a variety of sources, and that Grokker is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is 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 Grokker with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless Grokker, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Service.
  4. YouTube videos viewable on Grokker are governed by YouTube’s Terms of Service.
  1. General Registration Requirements

In order to access some features of the Service, you will have to create a Grokker account.

  1. You agree to provide accurate and complete information when creating your account, and it is your responsibility to maintain and promptly update your account informations to keep it true, accurate, current and complete.
  2. Grokker’s Content is not directed to persons under thirteen (13) years of age (in the European Economic Area, sixteen (16)), and by providing information about yourself to Grokker you are representing that you are thirteen (13) years of age (in the European Economic Area, sixteen (16)) or older. In consideration of your use of the Service, you represent that you are either of legal age to form a binding contract (eighteen (18) or older) or your parent or legal guardian agrees to these Terms on your behalf, and you are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction.
  3. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Grokker reserves the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof) at any time.
  1. Account Password and Security
  1. You may never use another's account without permission.
  2. You may not share, give or sell your password or username to any other person or entity.
  3. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Grokker immediately of any breach of security or unauthorized use of your account.
  4. Although Grokker will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Grokker or others due to such unauthorized use.
  5. Grokker reserves the right to terminate any user account it believes has been compromised, or is being used fraudulently, at its own discretion.
  6. Currently, Grokker also provides you with the ability to register for an account on the Service using your existing account and log-in credentials through certain third-party websites, which may change from time to time.
  1. Your Content and Conduct
  1. As a Grokker account holder you may submit Content to the Service, including photos, videos, video collections and user comments. You understand that Grokker does not guarantee any confidentiality with respect to any Content you submit.
  2. You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content on the Service. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit; and you license to Grokker all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on the Service pursuant to these Terms of Service.
  3. For clarity, you retain all of your ownership rights in your Content. However, by submitting Content to Grokker, you hereby grant Grokker a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Service and Grokker's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Service a non-exclusive license to access your Content through the Service, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Service and under these Terms of Service. The above licenses granted by you in video Content you submit to the Service terminate within a commercially reasonable time after you remove or delete your videos from the Service. You understand and agree, however, that Grokker may retain, but not display, distribute, or perform, server copies of your videos that have been removed or deleted. The above licenses granted by you in user comments you submit are perpetual and irrevocable.
  4. Grokker does not endorse any Content submitted to the Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and Grokker expressly disclaims any and all liability in connection with Content. Grokker does not permit copyright infringing activities and infringement of intellectual property rights on the Service, and Grokker will remove all Content if properly notified that such Content infringes on another's intellectual property rights. Grokker reserves the right to remove Content without prior notice.
  5. Grokker may at any time, without prior notice and in its sole discretion, remove or modify such Content and/or terminate a user's account for submitting material in violation of these Terms of Service.
  6. You agree to pay for all royalties, fees, damages and any other monies owing any person by reason of any Content posted by you to or through the Service.

If you send or transmit any communications, comments, questions, suggestions, or related materials to Grokker, whether by letter, email, telephone, or otherwise (collectively, "Feedback"), suggesting or recommending changes to the Service, including, without limitation, new features or functionality relating thereto, all such Feedback is, and will be treated as, non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and Grokker is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. You understand and agree that Grokker is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.

  1. Links to Third-Party Sites.

The Service may be linked to other web sites that are not Grokker sites, including, without limitation, social networking, blogging and similar websites through which you are able to log into the Service using your existing account and log-in credentials for such third-party sites (any and all of which may change from time to time) and websites that provide question-and-answer forum functionality (collectively, "Third-Party Sites"). Certain areas of the Service may allow you to interact and/or conduct transactions with such Third-Party Sites, and, if applicable, allow you to configure your privacy settings in your Third-Party Site account to permit your activities on the Service to be shared with your contacts in your Third-Party Site account and, in certain situations, you may be transferred to a Third-Party Site through a link but it may appear that you are still on Grokker Service. In any case, you acknowledge and agree that the Third-Party Sites may have different privacy policies and terms and conditions and/or user guides and business practices than Grokker, and you further acknowledge and agree that your use of such Third-Party Sites is governed by the respective Third-Party Site privacy policy and terms and conditions and/or user guides. You hereby agree to comply with any and all terms and conditions, users guides and privacy policies of any of Third-Party Sites. Grokker is providing links to the Third-Party Sites to you as a convenience, and Grokker does not verify, make any representations or take responsibility for such Third-Party Sites, including, without limitation, the truthfulness, accuracy, quality or completeness of the content, services, links displayed and/or any other activities conducted on or through such Third-Party Sites. YOU AGREE THAT GROKKER WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, INFORMATION, RESOURCES AND/OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD-PARTY SITES AND/OR THIRD-PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT OR BUSINESS PRACTICES OF ANY THIRD-PARTY.

  1. Content Standards

Content you submit must not:

  • Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age
  • Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any third-party
  • Infringe the legal rights (including the right of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws
  • Promote any illegal activity, or advocate, promote or assist any unlawful act
  • Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person
  • Impersonate any person, or misrepresent your identity or affiliation with any person or organization
  • Involve commercial activities or sales
  • Be likely to deceive or give the impression that they emanate from or are endorsed by us, or any other person or entity
  1. Membership
  • Subscription Fees. If you purchase a subscription, you agree to pay the charges made to your account in connection therewith. You will be charged in accordance with the billing terms you agreed to at the time you signed up. Subscriptions automatically renew at the beginning of each billing period (e.g., month or year) which means that by signing up for a subscription membership you are agreeing to have your credit card automatically billed each period until you cancel your subscription. If you do not pay on time or if Grokker cannot charge your credit card or other payment method for any reason, Grokker reserves the right to either suspend or terminate your access to the Service and terminate these Terms. You may cancel your subscription, but note that your cancellation will take effect starting at the end of your current billing period. So if you cancel mid-period, your cancellation will take effect as of the following period. There are no refunds on subscriptions for billing periods that have already started. Each membership and the rights and privileges provided to a member is personal and non-transferable.
  • Authorization. When you provide a payment method to Grokker, you are granting your express consent and are expressly authorizing us (and our designated payment processor) to automatically charge you each period for the subscription membership. If you provide a payment method and our charge results in an overdraft, chargeback or other fee from your bank, you alone are responsible for that fee. EVEN IF YOU DO NOT USE THE SUBSCRIPTION MEMBERSHIP OR ACCESS THE GROKKER APPLICATION, YOU WILL BE RESPONSIBLE FOR ANY SUBSCRIPTION FEES UNTIL YOU CANCEL YOUR SUBSCRIPTION OR IT IS OTHERWISE TERMINATED. In certain limited circumstances, we will offer subscriptions for a longer term (e.g., 3 months, 6 months or even a year). These longer-term subscriptions are charged in full upon purchase, and automatically renew for the same duration as the initial subscription term you selected (e.g., 3 month subscriptions will automatically renew for three months, 6 month subscriptions will renew for six months, and so on). The amount due for the next renewal term will be due and immediately payable in full and charged as of the first day of such renewal term.
  • Changes. Grokker may change, modify, add, remove, suspend, cancel or discontinue any aspect of it subscriptions including the functionality, content, and/or availability of any features of such subscriptions at any time in Grokker’s sole discretion. Grokker may increase its fees for any subscription effective the first day of a billing renewal by giving you notice of the new fees at least thirty (30) days before you are billed. If you do not cancel your subscription, you will be deemed to have accepted the new fees.
  1. Taxes

Withholding Tax. If you are required under any applicable law, regulation or government order to withhold any taxes on any amounts payable by you to Grokker under these Terms, then the amount payable shall be increased to such amount which, after making all required withholdings or deductions of taxes therefrom, will equal the amount payable hereunder had no such withholding taxes or deductions been required. For avoidance of doubt, such withheld amounts may not be claimed as a reduction or offset against any payments due to Grokker under these Terms. You shall make such withholdings or deductions and shall pay the full amount withheld or deducted to the appropriate government authorities according to applicable laws. You shall obtain and furnish to Grokker, within sixty (60) days of such a payment of taxes, official tax receipts or other evidence of payment of all such taxes. You shall be solely liable for, and shall indemnify and hold Grokker and its Affiliates harmless against, any penalties, interest and expenses incurred by or assessed against Grokker.

Value Added Taxes. The amounts payable under these Terms are exclusive of value added, goods and services, sales, or similar taxes. You shall be responsible for payment of all value added, goods and services, sales, or similar taxes, if any, levied on or deducted from any amounts payable to Grokker pursuant to these Terms. To the extent applicable law requires any such taxes to be paid by you directly to a governmental authority or to the extent a reverse charge mechanism is available and applicable to you, you shall account for and pay such taxes promptly and receipts or other proof of such payment shall be provided to Grokker.

  1. Health Disclaimer

Grokker is not responsible for any injuries that result from participating in the activities shown on the Service. You expressly waive and release any claim that you may have at any time for injury of any kind against Grokker, or any person or entity involved with Grokker, including without limitation its directors, principals, instructors, independent contractors, employees, agents, contractors, affiliates and representatives.

By using the Service you represent that you understand that physical exercise involves strenuous physical movement, and that such activity carries the risk of injury whether physical or mental. You are responsible for exercising within your limits and seeking medical advice and attention as appropriate. Not all exercises are suitable for everyone. You understand that it is your responsibility to judge your physical and mental capabilities for such activities and to ensure that by participating in classes and activities from Grokker, you will not exceed your limits while performing such activity. You will select the appropriate level of classes for your skills and abilities, as well as for any mental or physical conditions and/or limitations you have.

It is advised that you seek the advice of a physician before beginning any physical exercise regimen, routine, or program, including participating in the activities shown on the Service, including the use of any suggested equipment shown in any of the Content. As with any exercise program, if at any point during your workout you begin to feel faint, dizzy or have physical discomfort, you should stop immediately.

You understand that, from time to time instructors may suggest the use of equipment, physical adjustments, poses, moves and instruction and it is your sole responsibility to determine if any such suggestions or comments are appropriate for your level of ability and physical and mental condition. All such suggestions and comments are not required to be performed by you and are carried out at your election while viewing Grokker videos and using the Service. Nothing contained in the Service should be construed as any form of medical advice or diagnosis.

  1. Proprietary Rights

Grokker, "BE A BETTER YOU" and the KK logo are trademarks of Grokker in the United States. Other trademarks, names and logos on this Grokker’s website are the property of their respective owners.

Unless otherwise specified in these Terms, all information and screens appearing on Grokker’s website, including documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of Grokker, Copyright © 2017 Grokker. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.

The mobile application software that is provided to you through the Service and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, if you are a government entity, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users

  1. only as Commercial Items and
  2. with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
  1. Intellectual Property Infringement.

Grokker respects the intellectual property rights of others, and we ask you to do the same. Grokker may, in appropriate circumstances and at our discretion, terminate service and/or access to Grokker’s website for users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our website, please provide Grokker’s designated agent the following information:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site.
  • 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 at Grokker’s website, and information reasonably sufficient to permit Grokker to locate the material.
  • Information reasonably sufficient to permit Grokker to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
  • 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 and/or trademark owner, its agent, or the law.
  • 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.

Grokker’s agent for notice of claims of copyright or trademark infringement on this Site can be reached as follows:

Grokker, Inc.

Attn: Copyright Infringement Agent

550 S. Winchester Blvd.

Ste. 500

San Jose, CA 95128

Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

Submitting a DMCA Counter-Notification

We will notify you that we have removed or disabled access to copyright-protected material that you provided, if such removal is pursuant to a valid DMCA take-down notice that we have received. If you receive such notice from us, you may provide us with a counter-notification in writing to Grokker designated agent that includes all of the following information:

  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 from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
  4. Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which Grokker may be located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

Termination of Repeat Infringers

Grokker reserves the right, in its sole discretion, to terminate the account or access of any user of our web site and/or service who is the subject or repeated DMCA or other infringement notifications.

  1. Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE SERVICE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, GROKKER, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF. GROKKER MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT OR THE CONTENT OF ANY SITES LINKED TO GROKKER’S WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY

  1. ERRORS, MISTAKES, OR INACCURACIES OF CONTENT,
  2. PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES,
  3. ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
  4. ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES,
  5. ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR
  6. 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 SERVICES. GROKKER DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND GROKKER 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.
  1. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN ADDITION TO THE ABOVE WARRANTY DISCLAIMERS, IN NO EVENT WILL

  1. GROKKER BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, UPLOADING OR DOWNLOADING ANY CONTENT TO OR FROM GROKKER’S WEBSITE OR SERVICES,
  2. GROKKER BE LIABLE FOR ANY INDIRECT, EXTRAORDINARY, PUNITIVE, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR INCIDENTAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING FROM OR RELATING TO THE SERVICES OR GROKKER’S WEBSITE, EVEN IF GROKKER KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND
  3. GROKKER’S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THE SERVICES AND GROKKER’S WEBSITE, WHETHER IN CONTRACT OR TORT OR OTHERWISE, EXCEED THE FEES ACTUALLY PAID BY YOU TO GROKKER FOR THE SERVICES AT ISSUE IN THE PRIOR 12 MONTHS (IF ANY). THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM. GROKKER DISCLAIMS ALL LIABILITY OF ANY KIND OF GROKKER’S LICENSORS AND SUPPLIERS.

The Service is controlled and offered by Grokker from its facilities in the United States of America. Grokker makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.

  1. Indemnity

To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Grokker, 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:

  1. your use of and access to the Service;
  2. your violation of any term of these Terms of Service;
  3. your violation of any third party right, including without limitation any copyright, property, or privacy right; or
  4. any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Service.
  1. Ability to Accept Terms of Service

You affirm that you are either eighteen (18) years of age or older, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, or if you are younger than eighteen (18) your parent or legal guardian has agreed on your behalf that you are able to abide by and comply with these Terms of Service.

  1. Assignment

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Grokker without restriction.

  1. Electronic Communications

By using the Service, you consent to receiving electronic communications from Grokker. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the Service. These electronic communications are part of your relationship with Grokker. You agree that any notices, agreements, disclosures or other communications that Grokker sends you electronically will satisfy any legal communication requirements, including that such communications be in writing.

  1. General

You agree that:

  1. the Service shall be deemed solely based in California; and
  2. the Service shall be deemed a passive website that does not give rise to personal jurisdiction over Grokker, either specific or general, in jurisdictions other than California.

These Terms of Service shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and Grokker that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in Santa Clara County, California. These Terms of Service, together with the Privacy Policy and any other legal notices published by Grokker on the Service, shall constitute the entire agreement between you and Grokker concerning the Service. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Grokker's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. YOU AND GROKKER AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.


Copyright © 2019 Grokker Inc. Grokker, Be a Better You, and related marks are registered trademarks of Grokker.