Terms of use

Last Important Updated: 2017.11.14

“App” as used herein refers to all products and services owned and operated by Concerto, Inc. or any of its affiliated companies.

BY DOWNLOADING OR USING THIS SOFTWARE APPLICATION AND/OR ITS ASSOCIATED SERVICES, YOU AGREE TO BE BOUND BY THE TERMS CONTAINED HEREIN. IF YOU DO NOT AGREE TO THESE TERMS, OR DO NOT HAVE THE NECESSARY PARENTAL CONSENT, DO NOT INSTALL AND/OR USE THE SOFTWARE APPLICATION.

Concerto, Inc. (“Concerto”, “We” or “Us”) may, in its sole discretion, modify or update these Terms of Use and the Privacy Policy from time to time, and so you should review the Terms of Use and Privacy Policy periodically. When we change either of these in a material manner, we will update the ’Last Updated’ date at the top of this page. Your continued use of the Application after any such change constitutes your acceptance of the new Terms of Use and Privacy Policy. If you do not agree to any of these terms or any future Terms of Use or Privacy Policy, do not use or access (or continue to access) the Application.

Use of this Application is prohibited by persons under 13 years of age. Minors 13 years of age or older must obtain parental or guardian consent to download and use this Application.

You affirm that you are 18 years of age, or possess legal or parental or guardian consent, and are competent to enter into this agreement.

We reserve the right, in our sole and absolute discretion to make changes to how we operate and provide our App, including adding new features and services, modifying existing features and services, or suspending, discontinuing or terminating your access to any or all portions of the App.

Concerto, in its sole discretion, may refuse to offer the App to any person at any time. Any license granted herein is effective only until terminated. The license will terminate automatically if you fail to comply with any of the Terms or until revoked by Concerto as provided herein. Additionally, Concerto may terminate your license to use our App and block future access to the same in its sole discretion. You agree to only register or download the App for yourself personally.

User Data

By using this App you agree that Concerto, its agents, affiliates and third parties may collect, maintain, process and use diagnostic, technical, usage and related information. Additionally, you agree to the terms of the Concerto Privacy Policy. You certify that all information provided to us is and will be true, accurate, current and complete. You authorize us to create and maintain an account for you and collect information about you in accordance with our Privacy Policy. As described in our Privacy Policy, you consent to us obtaining, analyze, sort, and present certain information or features.

User Content

The App includes features that allow you to create, post, and transmit, and/or store content. You understand that this content may be viewable by others including, but not limited to, those with whom you share the content. You agree that you are solely responsible for your content and that Concerto is not responsible or liable for any ofthis content

Communications

You agree that any communications, ideas, or other information transmitted to Concerto becomes the sole property of Concerto. Concerto will be entitled to use these communications in any way its sees fit. You waive any rights you may have to these communications. If you feel that you have an idea that you expect to be paid for or want to continue to own, then do not communicate them with Concerto.

License & Concerto Content

Subject to these Terms, you are granted a terminable, limited, non-transferable, non-exclusive license to install and use this Application on any compatible device that you own and control. You may not rent, lease, lend, sell, redistribute or sublicense this Application. Unless otherwise stated, all materials contained within the Application, as well as the content arrangement and selection, are protected by copyright, trademark, and other intellectual property laws. Concerto does not grant any express or implied rights to use this intellectual property.
Except as provided by these Terms, you may not, and you agree not to or enable others to, copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify, or create derivative works of the Application, or any part thereof.

Third Party Links

Our App may contain third party content or links to third party sites, applications or services (collectively, “Third Party Content”). We do not control, maintain or endorse any Third Party Content and we are not responsible or liable for any Third Party Content, including any damages, losses, failures, or problems caused by, related to, or arising from Third Party Content. Your interactions and business dealings with the providers of the Third Party Content are solely between you and the third party. You should review all of the relevant terms and conditions associated with Third Party Content, including any privacy policies and terms of service. We are not responsible for any information that you agree to share with third parties in connection with Third Party Content.

Prohibited Activities

You agree not to use our App in any manner that could interfere, disrupt, negatively affect, or inhibit others users from fully enjoying the App. You may not send any unsolicited or unauthorized advertising, solicitation, or promotional materials. You may not use any robot, spider, crawler, scraper, or other automated means to extract data from our App. You may not use or attempt to use another’s user account. You are not permitted to access or use our App in any jurisdiction or country if it would be contrary to the law or regulation of that jurisdiction. We reserve the right to limit the availability of our App to any geographical area or jurisdiction. You may not use our App in any manner that infringes on the rights of any third party.

Disclaimer of Warranties

You expressly acknowledge and agree that, to the extent permitted by applicable law, use of the Application is at your sole risk. To the maximum extent permitted by applicable law, the Application is provided “AS IS” and “AS AVAILABLE”, with all faults and without warranty of any kind.

Applicable Law, Forum, and Venue

You accept any responsibility for any activity that occurs while logged into your account. You are responsible for making sure that you keep your password safe and secure. You agree not to allow others to use your account or take, or fail to take, actions that will jeopardize the security of your account.

Limitations of Liability

TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL Concerto BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATIONS OF LIABILITY, SO THE AFOREGOING LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL Concerto’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN THOSE THAT MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF TWENTY DOLLARS ($20.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Indemnification

By agreeing to these Terms you agree to indemnify, defend, and hold harmless Concerto, its directors, officers, shareholders, employees, affiliates, licensors and affiliated parties form and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorney fees) due to, arising out of, or related in any way to your use of the Application.

Arbitration

PLEASE READ THIS PARAGRAPH CAREFULLY BECAUSE IT LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM Concerto. You and Concerto agree to arbitrate any disputes arising from these Terms or your use of the Application, except that you are not required to arbitrate any disputes in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secretes or patents. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR HAVING A JURY TRIAL. You agree that any arbitration will occur in Salt Lake City, Utah, and will be conducted confidentially by a single arbitrator in accordance with the rules of American Arbitration Association.

No Class Action

YOU AND Concerto AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR A CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

Waiver

Concerto’s failure to enforce any of its rights or act with respect to a breach of the terms of this Agreement by you or others does not constitute a waiver of any rights and will not limited Concerto’s rights with respect to that breach or any subsequent breaches. No waiver by Concerto shall be of any force or effect unless made in writing and signed by a duly authorized officer of Concerto.

Severability

If any provision contained in these Terms are deemed unlawful, void, or unenforceable, then that provision shall be severed from these Terms and shall not affect the validity or enforceability of the remaining provisions.

Complete Agreement

The Terms of this agreement supersede all prior understandings. This agreement represents the completed agreement and understanding of the parties.

Questions or Comments

Concerto welcomes your comments or questions. Please send emails to fastfeed@dataconcerto.com.

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