Please read these terms of use carefully. By accessing or using the site, you agree to be bound by these terms. If you do not agree to all of these terms, you must not access or use the site.
These Terms of Use (the "Terms") constitute a binding agreement between you ("You" or "User") and Growthr ("Growthr," "we," "us," or "our"), and govern Your access to and use of the interactive Growthr MPC emulator pages, together with all related features, content, and functionality (collectively, the "Site"). By accessing, browsing, or otherwise using the Site in any manner, You acknowledge that You have read, understood, and agree to be bound by these Terms and by our Privacy Policy, which is incorporated herein by reference. If You do not agree, Your sole and exclusive remedy is to discontinue all use of the Site.
The Site is a free, browser based sample based drum machine that permits the User to trigger audio samples by means of keyboard input, pointer or touch input, or optional webcam based hand tracking. The Site is provided for personal, non commercial entertainment and educational purposes only. We reserve the right, at our sole discretion and without notice or liability, to modify, suspend, limit, or discontinue the Site or any portion, feature, or function thereof, at any time and for any reason or no reason.
The Site is an independent, non commercial fan project. It is not affiliated with, authorized by, endorsed by, sponsored by, or associated with Kanye West, Ye, Travis Scott, or any record label, recording artist, publisher, manufacturer, or other rights holder. All song titles, lyrics, sound recordings, compositions, trademarks, service marks, trade names, and product names referenced on or accessible through the Site are and remain the property of their respective owners. Any such references are made solely for identification, illustrative, educational, commentary, and entertainment purposes, and no sponsorship, affiliation, endorsement, or commercial association of any kind is claimed, intended, or to be implied.
As between You and Growthr, the original source code, design, layout, arrangement, and visual interface of the Site are owned by Growthr and are protected by applicable intellectual property laws. Subject to Your continuing compliance with these Terms, Growthr grants You a limited, revocable, non exclusive, non transferable, non sublicensable license to access and use the Site for Your personal, non commercial enjoyment. You shall not copy, reproduce, scrape, frame, mirror, reverse engineer, decompile, redistribute, sell, or create derivative or competing works from the Site or any portion thereof without our prior written consent. We respect the intellectual property rights of others. If You are a rights holder, or are authorized to act on behalf of one, and You believe that any material on the Site infringes Your rights, You may submit a written notice to [email protected] identifying the protected work and the allegedly infringing material with sufficient particularity to permit us to locate it, and we will review the notice and remove or disable access to infringing material where appropriate.
You agree that You will not, and will not attempt to:
Hand tracking is an optional feature that requires Your affirmative permission to access Your device camera. Any video processed in connection with this feature is processed locally within Your browser and is not recorded, retained, or transmitted to Growthr or any third party. You may withdraw camera permission and disable the feature at any time through Your browser or device settings. Additional information is set forth in our Privacy Policy.
The site, including all content, features, and functionality, is provided on an "as is" and "as available" basis, with all faults and without warranty of any kind. To the fullest extent permitted by applicable law, Growthr expressly disclaims all warranties, whether express, implied, statutory, or otherwise, including without limitation any implied warranties of merchantability, fitness for a particular purpose, title, and non infringement, and any warranties arising out of course of dealing or usage of trade. Growthr does not warrant that the site will be uninterrupted, timely, secure, error free, or free of harmful components, or that it will be compatible with your hardware, software, or browser.
To the fullest extent permitted by applicable law, in no event shall Growthr be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of data, loss of goodwill, device malfunction, or business interruption, arising out of or relating to your access to or use of, or inability to access or use, the site, whether based in contract, tort, negligence, strict liability, or any other legal theory, and whether or not Growthr has been advised of the possibility of such damages. Your sole and exclusive remedy for any dissatisfaction with the site is to cease using it.
You agree to defend, indemnify, and hold harmless Growthr from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to Your use of the Site or Your violation of these Terms.
These Terms shall be governed by and construed in accordance with the laws of the United States and, to the extent applicable, the state in which Growthr operates, without regard to its conflict of law provisions. You agree that any dispute arising out of or relating to these Terms or the Site shall be subject to the exclusive jurisdiction of the courts located in that jurisdiction.
We may revise these Terms from time to time in our sole discretion. Any revisions will be effective upon posting. Your continued access to or use of the Site following the posting of revised Terms constitutes Your acceptance of those revisions.
If any provision of these Terms is held to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible and the remaining provisions shall remain in full force and effect. These Terms, together with the Privacy Policy, constitute the entire agreement between You and Growthr with respect to the Site and supersede all prior or contemporaneous understandings.
Any questions regarding these Terms may be directed to [email protected].
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