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Agreement and Terms of Use

These Terms of Use (the "Terms of Use" or the "Agreement") apply to your use of the Qello OTT Network (the "Qello OTT Network"). The Qello OTT Network is provided by Qello, LLC or one of its affiliated companies. By using the Qello OTT Network, you agree with Qello, LLC ("Qello") to be bound by the Terms of Use, which include Qello's Privacy Policy (www.qello.com/privacy_policy) and any applicable end user license agreement, and to comply with applicable law. If you do not agree to any of these terms, you should not use the Qello OTT Network. If you are between the ages of 13 and 18 (or the applicable age of majority in your province, territory or country), do not use the Qello OTT Network without the consent and involvement of your parent or guardian. If you are under the age of 13, you are not permitted to register with Qello or use the Qello OTT Network. Hyperlinks contained in these Terms of Use may only be viewed at www.qello.com/terms_of_use.

The Qello OTT Network

The Qello OTT Network includes all (i) software of Qello or third parties that is embodied in the Qello OTT Network at the time of your initial download, installation or accessing of the Qello OTT Network or that Qello provides from time to time as updates or upgrades and (ii) any online or electronic documentation for the Qello OTT Network. Subject to the terms and conditions of these Terms of Use, Qello hereby grants to you a non-exclusive, personal, limited, non-transferable license to install, access, and use the Qello OTT Network via the applicable platform.

Content

The Qello OTT Network allows users to stream, display and browse live concert audiovisual programs and other digitized electronic content as offered by Qello from time to time (the "Content"). Upon payment of applicable fees (if any) set by Qello, and solely for non-commercial and personal use, Qello grants you the non-exclusive right to access the applicable Content and to view the Content on a streaming-only basis for the duration of your membership period. The Content has been provided by third parties, is protected by law, and such third parties are deemed to be third party beneficiaries of these Terms of Use. All rights of third party providers of Content are hereby reserved at law and in equity. Content may only be viewed through the Qello OTT Network primarily within the country in which you have established your account and in geographic locations where the Qello OTT Network is offered and where the applicable program has been licensed, Qello's rights are limited by the rights granted by its Content providers. Not all Content is available in HD.

Your Account and Password

If you create or register an account with Qello, you are responsible for all use of your account. You control access to your account through your Qello password. If you have accessed the Qello OTT Network from a third party platform or store and have not created a Qello password, you will use the password you created in connection with such third party platform or store to control access to your account. In any event, you should not share your password with anyone. You are responsible for updating and maintaining the accuracy of your account information. If you choose to share your password with other members of your household, you agree to be responsible for ensuring they comply with these Terms of Use and you agree to be responsible for their use of the Qello OTT Network. You may access your account information by signing into your Qello account and clicking on "Settings" under your name. If Qello determines in its sole discretion that you have breached these Terms of Use or otherwise violated the law or any applicable rule or regulation or for any other business reason, Qello reserves the right cancel or restrict your account or your use of the Qello OTT Network or access to the Content at any time, without notice or liability. Qello cannot cancel or remove your account once it has been created, however your contact and payment details can be modified to remove personal information.

Sharing

If you chose to connect your Qello account to Facebook, Twitter and/or Google+ ("Social Media Accounts"), you are consenting to the collection, use and sharing of information about you from your Social Media Accounts with us and others as outlined herein and in our Privacy Policy (www.qello.com/privacy_policy) and to having what you watch and other activity automatically shared with your Social Media Accounts' friends. Qello also allows users to connect their Qello account with their Social Media Accounts for the purposes of finding friends on the Qello OTT Network and sharing personal music listening history with user's friends on Social Media Accounts and on Qello. Information we collect may include your basic information, such as name and profile picture, as well as your email address, list of friends and your Likes and Interests. This information may be used to tailor your user experience or for marketing purposes such as notifying your friends on Qello and suggesting that they connect with you. We may make suggestions to your Social Media Accounts' friends based on what concerts you are watching. As well, we may collect information regarding your usage and use it to compile ratings and recommend popular titles. You may be able to send recommendations directly to your Social Media Accounts' friends, including those friends that have not connected their Qello account to those Social Media Accounts. You can disconnect your Qello account from your Social Media Accounts by signing into your Qello account and selecting "Social" in Account Settings and toggling the "Connected" button to "Unconnected". You can turn off Sharing by toggling the Sharing button to "off" under your name.

Subscription and Billing

Qello may offer a number of different subscription or membership plans including special promotions. We may authorize a free trial period, in which event the terms applicable to the free trial will be stated in the marketing material that was provided to you with the offer. By providing a credit card or other authorized payment method, you are authorizing us to charge you a monthly (or such other billing frequency as may be applicable to your plan) subscription fee at the then current rate as well as any other charges you may incur. You can change your payment method by signing into your Qello account and clicking on "Settings" under your name and selecting "Payment". Once your free period, if any, expires, your payment method is automatically billed at the beginning of each month (or such other billing frequency as may be applicable to your plan). The amount billed each billing period is subject to change due to promotional offers, gift card redemption or changes in your plan. Membership fees are fully earned upon payment. Your subscription stays in effect on a month-to-month basis (or such other billing frequency as maybe applicable to your plan) unless and until you cancel your subscription or the account is otherwise discontinued or terminated. Payments are non-refundable. Following any cancellation, you will have access to the Qello OTT Network until the end of your billing cycle. You can cancel your subscription at any time during your membership; there are NO penalties at all. However, there are no refunds for partially used subscriptions, regardless of your billing period. To cancel your membership, you can access your Qello account and click on "Settings" under your name. If you have purchased your Qello subscription from a third party store, then for further information on how to cancel your account, please see "How To Cancel My All-Access Pass" at www.qello.com/faq.

Qello Gifting Option Terms

Qello offers gifting options at http://qello.com/gift. Gift subscriptions are pre-paid All-Access subscriptions to the Qello OTT Network and are redeemable only in the country of purchase. In order to purchase and use a gift subscription you must agree to the following terms and conditions.

Qello will electronically deliver a subscription code to the email address provided by the purchaser and this email is used to redeem the All-Access subscription gift from http://qello.com/redeem-gift. The redeemer of the gift subscription (the “Redeemer”) must create an account to redeem the gift. Purchase and/or redemption of a gift subscription constitutes acceptance of these terms. Please note that use of the Qello OTT Network is governed by our terms of use available at: www.qello.com/terms_of_use. For information about our policies and practices regarding the collection and use of customer information please read Qello’s privacy policy at: www.qello.com/privacy_policy.

The subscription starts after the validation of the promo code and the code can be used only 1 time. The duration of the gift subscription is limited by the package chosen by the purchaser. After that, the account will stay active and the Redeemer will have the option to renew the subscription.

Gift subscriptions are not redeemable or refundable for cash (except as required by applicable law), are subject to applicable law and cannot be resold or combined with any other offer. Once redeemed the Redeemer may not transfer or assign the subscription to another person. Gift subscriptions may not be used to extend an existing subscription.

If you are between the ages of 13 and 18 (or the applicable age of majority in your province, territory or country), do not use the Qello OTT Network without the consent and involvement of your parent or guardian. If you are under the age of 13, you are not permitted to register with Qello or use the Qello OTT Network.
Qello reserves the right to amend any of the terms herein at its sole discretion by posting the revised terms on the Qello OTT Network. Your continued use of the Qello OTT Network after the effective date of any such amendment shall be deemed your agreement to be bound by such amendment.

Third Party Platforms and Stores

If you have accessed the Qello OTT Network from a third party platform or store (each, a "Third Party"), please note that the Third Party is not responsible for the Qello OTT Network or the Content and such Third Party has no obligation to provide support and maintenance with respect to the Qello OTT Network. The terms of your subscription and billing may also be governed by the separate policies and terms of use applicable to such Third Party platform or store.

Pricing

Qello may change pricing from time to time in its sole discretion. Adjustments in pricing will be effective following our notification to you, unless otherwise provided in these Terms of Use. Such notification may include sending emails to your email address or posting communications through your account or on the Qello OTT Network.

Restrictions

Except as expressly permitted in this Agreement or with the prior written consent of the copyright owner, no part of the Qello OTT Network or the Content may be copied, adapted, redistributed, reproduced, republished, uploaded, posted, publicly displayed or performed, encoded, translated, transmitted, communicated, sold, rented, leased, distributed, broadcast, sub-licensed or otherwise assigned in any way to any other computer, service, website, entity, or other medium for publication or distribution or for any commercial purpose. You may not reverse engineer, decompile, disassemble, modify or disable any copy protection or use limitation systems associated with the Qello OTT Network or the Content and you may not remove any proprietary notices or labels on the Content. You are not granted any rights for uses that require a synchronization or public performance license with respect to the underlying musical compositions embodied in the Content. Personally identifiable information is subject to our Privacy Policy (www.qello.com/privacy_policy) the terms of which are incorporated herein. Please review our Privacy Policy.

Data Access

Some functions of the Qello OTT Network may require data access and you may be charged additional fees by your data access provider in connection with the use of the Qello OTT Network and these may be subject to the separate policies and terms of use of your data access provider. You will be solely responsible for payment of any such fees and compliance with any such policies and terms of use.

Communication

You consent to receiving on-going electronic communications from Qello regarding your account and subscription (e.g. payment method, password changes) which communication may include sending emails to your email address or posting communications through your account or on the Qello OTT Network. You agree that these electronic communications will satisfy any requirement for written legal notice. You consent to receiving other communications from time to time such as blog posts, special promotional offers, newsletters, etc. If you no longer want to receive these communications, access your "Preferences" by signing into your Qello account and clicking on "Settings" under your name. Please review Qello's Privacy Policy (www.qello.com/privacy_policy) for further information.

Feedback

Qello may provide you with the opportunity to post your comments or reviews to the Qello OTT Network or otherwise submit information to Qello. Any comments, reviews, information or materials so provided may be used, displayed, reposted, reproduced, distributed, modified, deleted from, added to publicly performed and/or published by Qello without any compensation or other consideration to you or third parties and you hereby waive any "moral rights" in and to such comments, reviews, information and materials.

Updates

Qello may provide automatic upgrades/updates to the Qello OTT Network from time to time to keep the Qello OTT Network up-to-date. You agree to receive updated versions of the Qello OTT Network and related third party software without notice or prompting.

Closed Captioning

Qello is working to include closed captioning on as many programs as possible, including, without limitation, where such long-form closed captioned program has been shown on TV.

Export Regulations

You agree to comply with all export and re-export restrictions and regulations of the United States Department of Commerce and other United States and foreign agencies and authorities.

Copyright Infringement

If you believe your work has been reproduced or distributed in a way that constitutes copyright infringement, please notify us at dmca@qello.com (subject line "DMCA Takedown Request"). To be effective the notification must be in writing and include the following: (i) Identification of the copyrighted work that has been allegedly infringed; (ii) Identification of the material(s) claimed to be infringing and sufficient information to locate such materials (a hyperlink, specific instructions how to access the materials – anything that provides for a method of easily finding each piece of infringing content); (iii) A statement by complainant of the good faith belief that there has been no authorized usage granted by the owner, agent or law; (iv) Reasonably sufficient information to contact complainant (i.e. address, telephone number and e-mail); (v) A statement of the notice's accuracy and, under the penalty of perjury, that the complainant is authorized to act on behalf of the owner; (vi) The physical or electronic signature of complainant/authorized person.

General

No Illegal Use and Reservation of Rights. You may not use the Qello OTT Network or the Content for any illegal purpose. You acknowledge that the license in this Agreement does not transfer to you title to or ownership of any intellectual property rights of Qello or its suppliers. The Qello OTT Network is licensed, not sold, and such license is non-exclusive.

Information Received. The Qello OTT Network will provide Qello with data about it and information related to the Content you access using the Qello OTT Network and your use of it. Information you provide may be stored on servers in the US. Information we receive is subject to these Terms of Use and the Qello Privacy Policy (www.qello.com/privacy_policy).

Intellectual Property. The Qello OTT Network and/or methods used in association with the Qello OTT Network may be covered by one or more patents or pending patent applications. The Qello OTT Network and the Content is protected by copyright, trade secret or other intellectual property laws and international treaties. Qello is a registered trademark of Qello, LLC.

Changes To Network. Qello reserves the right to modify, upgrade, suspend, or discontinue the provision of the Qello OTT Network, software, support and Content at any time, and Qello will not be liable to you should it exercise such right.

Changes To Network. Qello reserves the right to modify, upgrade, suspend, or discontinue the provision of the Qello OTT Network, software, support and Content at any time, and Qello will not be liable to you should it exercise such right.

Termination. Your rights under this Agreement will automatically terminate without notice from Qello if you violate or fail to comply with any term of this Agreement. In case of such termination, you must cease all use of the Qello OTT Network and Qello may immediately revoke your access to the Content without notice to you and without refund of any fees. Qello's failure to insist upon or enforce your strict compliance with this Agreement will not constitute a waiver of any of its rights.

Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE QELLO OTT NETWORK AND CONTENT IS AT YOUR SOLE RISK. THE QELLO OTT NETWORK AND CONTENT ARE PROVIDED "AS IS" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND AND QELLO AND ITS SUPPLIERS AND LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY QELLO OR AN AUTHORIZED REPRESENTATIVE OF QELLO SHALL CREATE A WARRANTY. THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, NEITHER QELLO NOR ITS CONTENT PROVIDERS, SUPPLIERS, PARTNERS, VENDORS OR LICENSORS SHALL BE LIABLE TO YOU FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR BREACH OF ANY EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY RELATED TO THE QELLO OTT NETWORK OR CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES ARISING OUT OF LOSS OF PROFITS, REVENUE, DATA OR USE OF THE APPLICATION OR ANY ASSOCIATED PRODUCT, EVEN IF QELLO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, QELLO'S AGGREGATE LIABILITY UNDER THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR CONTENT. THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

New York Law Applies. The laws of the state of New York, without regard to principles of conflict of laws, will govern this Agreement and any dispute of any sort that might arise between you and Qello.

Disputes. Any dispute relating in any way from products or services sold or distributed by Qello in which the aggregate total claim for relief sought on behalf of one or more parties exceeds $7,500 shall be adjudicated in any state or federal court in New York City, New York, and you consent to exclusive jurisdiction and venue in such courts.

Severability. If any term or condition of this Agreement shall be deemed invalid, void, or for any reason unenforceable, that part shall be deemed severable and shall not affect the validity and enforceability of any remaining term or condition.

Amendment. Qello reserves the right to amend any of the terms of this Agreement at its sole discretion by posting the revised terms on the Qello OTT Network. Your continued use of the Qello OTT Network after the effective date of any such amendment shall be deemed your agreement to be bound by such amendment.

Contact Information. For communications concerning this Agreement, you may contact Qello by writing to Qello, LLC, Attn: President, 40 West 17th Street, Unit 2A NY, NY 10011.

Last updated July 15, 2015

© 2015, 2014 Qello, LLC or its affiliates. All rights reserved. Qello and the Qello logos are trademarks Qello, LLC or its affiliates.

Further Reading

For details on the personal information Qello collects:

Privacy Policy

Frequently Asked Questions

Q. Where is Qello available?
A. All iOS devices, all Android devices, Sony and Samsung Smart TVs, Windows mobile devices, Amazon Kindle and more.

Q. What kind of music will I find on Qello?
A. There's entertainment for everyone. Qello's massive library covers more than 30 genres of live concert films from the 1920s to today.

Q. Can I try All-Access for free?
A. Yes. Get a Qello All-Access Pass for FREE with a 7-Day Trail. See more.

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