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TERMS OF USE AND END USER LICENSE AGREEMENT

THIS IS A LEGAL AGREEMENT BETWEEN YOU AND STINGRAY MUSIC USA INC. (“STINGRAY”), AND NOT WITH ANY OTHER THIRD PARTY (e.g. THE APPLICATION STORE OR THE PLATFORM DISTRIBUTOR) OR ANY OF THEIR AFFILIATES, STATING THE COMPLETE TERMS THAT GOVERN YOUR USE OF THE WEBSITE, MOBILE APPLICATION OR TV APPLICATION NAMED “STINGRAY QELLO” (THE “QELLO PLATFORM”) AND OF THE STINGRAY QELLO SERVICE MADE AVAILABLE THROUGH SUCH QELLO PLATFORM (THE “QELLO SERVICE”). IF YOU DO NOT AGREE TO ABIDE BY THESE TERMS, DO NOT USE THE QELLO PLATFORM AND THE QELLO SERVICE. BY USING THE QELLO PLATFORM AND THE QELLO SERVICE, YOU SIGNIFY THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO BE BOUND BY EACH AND EVERY TERM OF THESE TERMS OF USE AND THIS END USER LICENSE AGREEMENT (COLLECTIVELY, THE “AGREEMENT”). STINGRAY MAY REFUSE ACCESS TO THE QELLO PLATFORM AND TO THE QELLO SERVICE FOR NONCOMPLIANCE WITH ANY PART OF THIS AGREEMENT. PLEASE READ THIS AGREEMENT VERY CAREFULLY.

HYPERLINKS CONTAINED IN THIS AGREEMENT MAY ONLY BE VIEWED AT: WWW.QELLO.COM/TERMS_OF_USE.

1. The Qello Platform and the Qello Service

Stingray is the sole owner and provider of the Qello Platform, including but not limited to, when offered via (i) the Android Market and on other Android applications stores (collectively, the "Android Store"), (ii) the Apple App Store through the iTunes Store (the "Apple Store"), (iii) the Amazon Appstore (the “Amazon Store”), (iv) any other similar application store(s) owned and operated by third parties where the Qello Service is made available by Stingray (the “Other Stores”), and (v) smart TV applications stores (collectively, the “TV App Store”), and of the Qello Service accessible through such Qello Platform. The Android Store, the Apple Store, the Amazon Store, the Other Stores and the TV App Store shall be referred to thereafter as the “Store(s)”.

Once you have downloaded the Qello Platform via the Store or when using the Qello Platform for the first time, you will be asked to sign up for a Stingray account (or for an account with the Store or the third-party platform through which the Qello Platform is made available to you) or to login with your existing Stingray account, as applicable. In order to create an account, you must enter your payment information and select a subscription. Once you have successfully created an account, the Qello Platform will give you free access to the Qello Service for a period of seven (7) days. This free access to the Qello Service will allow you to stream and watch a limited number of full length long-form videos available in the catalog.

Unless you cancel your subscription before the free period ends, once the free period ends, you will be charged the applicable subscription price for the recurring subscription period (each, a "Subscription Period") that you selected when you created your account, which will give you access to the Qello Service, more specifically to unlimited streaming of the full catalog of long-form videos available on the Qello Service in your country. The Qello Service may also offer certain limited/tethered download features. This subscription shall remain effective and you shall pay the applicable amount indicated up until (i) you cancel your recurring subscription in accordance with this Agreement, or (ii) this Agreement is terminated by Stingray in accordance with this Agreement. Notwithstanding the foregoing, if you access the Qello Service using a promo code or gift, your non-recurring subscription shall remain effective until (y) the applicable Subscription Period expires, or (z) this Agreement is terminated by Stingray in accordance with this Agreement.

2. Use of the Qello Platform and the Qello Service on Other Devices

In addition to the devices that you own or control and on which you have downloaded the Qello Platform or with which you first used the Qello Platform downloaded through your personal computer, the Qello Service may also be accessible through other devices that you own or control, subject to the terms of use of the applicable Store (the "Store Terms and Conditions"), and provided that you can only access the Qello Service from one (1) device at a time. Although the Qello Service may be accessible through a device that you own or control, the Qello Platform may not have been designed for such device, and therefore the quality of the Qello Platform and the Qello Service may be altered, and some features may not be available.

When using the Qello Service for the first time on any such other devices that you own or control, you will be required to download the Qello Platform on such device from the Store (or when applicable, to synchronize such device with your computer in accordance with the applicable Store Terms and Conditions). You will also be required to authenticate yourself by providing your account information or via any other authentication method provided by Stingray, if any. Once you have accessed the Qello Service through a device, such device may be automatically granted access to the Qello Service thereafter without the need to re-enter such information. If one of your devices is accessing the Qello Service while you are trying to access the Qello Service with another device, you will be asked to select the device through which you wish to access the Qello Service and the other active session will be automatically closed.

Any and all devices that you own or control shall be referred to hereafter as "Device(s)".

3. Eligibility

The Qello Service is only available for individuals aged 13 years or older. If you are 13 years or older but have not reached the age of majority in the jurisdiction where you reside, please review this Agreement with your parent or guardian. By signing up for an account with the Qello Service or by using the Qello Service, you represent and warrant that you are aged 13 years or older, and that you agree to be bound by the terms and conditions of this Agreement. Any use of the Qello Service by an individual under 13 years old is unauthorized and unlicensed.

4. Account Data

You agree to provide complete and accurate information about you when signing up for an account with Stingray, or when signing up for an account with the Store or the third-party platform through which the Qello Platform and the Qello Service are made available to you, and at other points as may be required in the course of using the Qello Service and the Qello Platform (“Account Data”).

5. Account Security

You agree to maintain the confidentiality and security of your password and identification. You are solely responsible for restricting access to your account and to your Devices. You also understand that by granting access to the Qello Service on a Device any person accessing such Device will have access to the information of your account. You are entirely responsible for all activities that take place using your account and your Devices, and you agree to immediately notify Stingray of any unauthorized use of your account or any other breach of security. Stingray shall not be liable to you for any unauthorized use of your account or your Devices.

6. Limited License

Stingray grants you a limited, non-exclusive, non-transferable, revocable license to use the Qello Platform via your Devices in accordance with the terms and conditions of this Agreement, including certain rules of conduct established by Stingray and/or its licensors (“Rules of Conduct”) set forth in Section 7 of this Agreement, and as permitted by the usage rules set forth in the Store Terms and Conditions. Provided that you are eligible for use of the Qello Service and that you have validly created an account with Stingray or the applicable third party, Stingray grants you also a limited, non-exclusive, non-transferable, revocable license to access and make personal use of the Qello Service and of the content available through the Qello Service on any Device via streaming and/or limited/tethered download, as applicable, in accordance with the terms and conditions of this Agreement, including the Rules of Conduct set forth in Section 7 below, and as permitted by the usage rules set forth in the applicable Store Terms and Conditions, as applicable. You acknowledge and agree that the content available through the Qello Service is licensed, not sold, to you, and you acknowledge that the streaming (or limited/tethered downloading) of video recordings or audiovisual content shall not constitute a grant or waiver of any rights of the copyright owners in such video recordings or audiovisual content, including the underlying musical compositions embodied therein. You may not modify, copy or reproduce any and all portions of the Qello Platform or of the Qello Service in any form or by any means, and may not modify, rent, lease, loan, sell, distribute, exploit, or create derivative works based on the Qello Platform or the Qello Service, in any manner. Any use of the Qello Platform, the Qello Service or the content available through the Qello Service other than as specifically authorized herein is strictly prohibited and shall terminate automatically the license granted herein. The terms of this Agreement will govern any upgrades provided by Stingray that replace and/or supplement the original Qello Platform and/or Qello Service, unless such upgrade is accompanied by a separate license agreement in which case the terms of that license agreement will govern.

7. Rules of Conduct

You acknowledge and agree to use the Qello Platform and the Qello Service, including the content available through the Qello Service, in compliance with the applicable Rules of Conduct:

  • (a) You agree to use the Qello Platform, the Qello Service and the content available through the Qello Service, for personal, non-commercial use only;
  • (b) You agree not to use the Qello Platform, the Qello Service and the content available through the Qello Service in any manner that could damage, disable, overburden or impair the Qello Platform, the Qello Service or the content available through the Qello Service;
  • (c) You agree not to use or assist another person to use any data mining, robots, scraping or similar data gathering or extraction methods;
  • (d) You agree not to sign up for an account on behalf of someone else or of any group or entity;
  • (e) You agree not to modify, copy or reproduce any and all portions of the Qello Platform, the Qello Service and/or the content available through the Qello Service, and not to use, sell, rent, transfer, license or otherwise provide anybody with the Qello Platform, the Qello Service and/or the content available through the Qello Service, except as provided herein;
  • (f) In the event that Stingray changes any part of the Qello Platform or the Qello Service or discontinues the Qello Platform or the Qello Service, which Stingray may do at its own discretion, you acknowledge that you may no longer be able to use the Qello Platform and the Qello Service or to use them to the same extent as prior to such change or discontinuation, and that Stingray shall have no liability to you in such case;
  • (g) You agree that the Qello Platform, the Qello Service and/or the content available through the Qello Service, including but not limited to, video recordings, audiovisual works and artwork, include a security framework using technology that protects digital information and/or limits your usage of the Qello Platform and the Qello Service. You agree not to violate or attempt to violate any security components. You agree not to attempt to, or assist another person to, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security components for any reason whatsoever;
  • (h) When applicable, you agree to comply with the Store Terms and Conditions and/or the terms and conditions of the third-party platform through which the Qello Platform and the Qello Service are made available to you; and
  • (i) You agree to comply with all applicable federal, provincial, state and local laws and regulations when using the Qello Platform, the Qello Service and the content available through the Qello Service.

Stingray reserves the right to modify the Rules of Conduct at any time without notice. Rules of Conduct may be controlled and monitored by Stingray for compliance purposes, and Stingray reserves the right to enforce the Rules of Conduct with or without notice to you.

8. Payment of Subscription Fees

You agree to pay Stingray or the Store, as applicable, the subscription fees applicable to the subscription you select for the Qello Service, plus the applicable taxes.

Upon purchase of a recurring subscription with Stingray, the applicable subscription fees and taxes will be charged to your Stingray account on a recurrent basis, unless and until you cancel your subscription by accessing your Stingray account and modifying the “Settings” for such account.

Upon purchase of a recurring subscription through a Store, the applicable subscription fees and taxes will be charged to your account with such Store on a recurrent basis, unless and until you deactivate the auto-renewal option. In order to deactivate the auto-renewal option, you must access your account settings or must do as otherwise provided in the Store Terms and Conditions. Unless you turn off the auto-renewal option within the timeframe required by the Store Terms and Conditions, your subscription to the Qello Service will be renewed successively for the same Subscription Period and at the same price.

9. Content Availability and Prices

You acknowledge and agree that the content that is available through the Qello Service varies depending on the country associated with the IP address of the Device used to access the Qello Service. You acknowledge and agree that the extracts of video recordings that may be made available for streaming via the Qello Service are only to serve as an example of the content available on the Qello Service, and that Stingray does not represent or guarantee that such video recordings are and/or will be made available in the Qello Service in your country. The descriptions and information, such as genres, sub-genres, categories, sub-categories and the like, are provided for convenience only, and you acknowledge and agree that Stingray does not guarantee their accuracy.

Stingray reserves the right to change, suspend, remove, or disable access to any and all content available in the Qello Service and the pricing and the availability of any and all subscriptions to the Qello Service, at any time without notice, subject to the provisions of Sections 16 and 18. Stingray shall not be liable for the removal of or disabling of access to any such product, material or content. For greater certainty, a modification to the pricing of the subscription after your purchase of a subscription will not affect such subscription.

10. Gifts and Promo Codes

Stingray offers gifting options for the Qello Service via its website located at http://qello.com/gift. Gift subscriptions are pre-paid monthly subscriptions to the Qello Service and are redeemable only in the country of purchase.

Stingray will electronically deliver a subscription code to the email address provided by the purchaser and this email should be used to redeem the subscription gift on the website at http://qello.com/redeem-gift. The redeemer of the gift subscription will need to create an account to redeem the gift. Purchase and/or redemption of a gift subscription constitutes acceptance of this Agreement.

The subscription starts after the validation of the promo code and the code can be used only one time. The duration of the gift subscription is limited according to the package selected and paid for by the purchaser. Once the period of subscription expires, the account will remain active and the redeemer of the gift subscription may purchase a subscription to continue to access the Qello Service.

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

11. Objectionable Material

You understand that by using the Qello Service, you may come across content that may be considered offensive, vulgar, indecent, or otherwise objectionable, which content may or may not be identified as having explicit language. Your use of the Qello Platform and the Qello Service is at your sole risk and Stingray shall not be liable to you for content that may be found to be offensive, vulgar, indecent, or otherwise objectionable.

12. Intellectual Property

You acknowledge that the Qello Platform, the Qello Service and all content available on or through such Qello Platform and Qello Service, including, but not limited to, designs, text, graphics, logos, button icons, images, pictures, music, audio clips, videos, recordings, footage, information, editorial content, data compilations, files selection and arrangement, programming, postings, links, and software, trademarks and trade names, are the property of Stingray and/or its licensors, and are protected by applicable copyright laws and other intellectual property laws. You agree not to use such proprietary information or materials in any way except for use of the Qello Platform and the Qello Service in accordance with the terms of this Agreement. You do not obtain any rights under this Agreement in any intellectual property.

13. Feedback and Reviews

Stingray may provide you with the opportunity to post your comments and/or reviews on the Qello Service or to otherwise submit information to Stingray. You hereby agree to grant to Stingray a perpetual, worldwide and royalty-free license to display, repost, reproduce, distribute, modify, and/or display and use generally any and all comments and/or reviews (including your name, image and/or likeness when applicable) that you may have posted or otherwise provided to Stingray. You hereby waive any and all so-called “moral rights” that you may have in and to such comments and/or reviews. You also agree to complete and execute any documentation that Stingray may deem necessary to give full effect to this grant of rights, authorization and waiver.

14. Advertising, Third Party Material and Websites

Stingray may, at its sole discretion, insert advertising, sponsorship and promotion within the Qello Service, including but not limited to, pre-roll and post-roll advertisements, advertising banners, push notifications and links to third-party websites, as well as any other form of advertisement and promotion. You acknowledge and agree that Stingray is not responsible for examining or evaluating the content or accuracy of any such third-party material or websites. Links to and material from any third-party websites does not automatically imply approval or endorsement thereof by Stingray. Stingray does not assume and will not have any liability or responsibility for any third-party material or websites, or for any other material, products or services of third parties. You also agree and acknowledge that you may be subject to other terms and conditions from third parties when you use such third parties’ material, products, services, software, websites or portals, including but not limited to, the Store Terms and Conditions, and that the present Agreement may no longer apply.

15. Copyright Claims

Stingray obeys all relevant copyright laws and will review all claims of copyright infringement received and remove content deemed to have been posted or distributed in violation of any such laws. To make a claim, please provide us with the following:

  • 1. A physical or electronic signature of the copyright owner or the person authorized to act on its behalf;
  • 2. A description of the copyrighted work claimed to have been infringed;
  • 3. A description of the infringing material and information reasonably sufficient to permit us to locate the material;
  • 4. Your contact information, including your address, telephone number, and email;
  • 5. A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • 6. A statement that the information in the notification is accurate, and, under the pains and penalties of perjury, that you are authorized to act on behalf of the copyright owner.

Claims can be sent to copyright@stingray.com or Copyright Claims, Stingray Music USA Inc., c/o Stingray Digital Group Inc., 730 Wellington Street, Montreal, Quebec, Canada H3C 1T4.

16. Termination of the Qello Platform or of the Qello Service

Stingray shall have the right, at its sole discretion, to modify, suspend, remove or disable access to, or discontinue the Qello Platform and/or the Qello Service (or any part, feature or content thereof) at any time and for whatever reason, without notice. Stingray shall not be liable to you or to any third party for exercising such rights.

In the event that you are unable to use the Qello Service as a result of Stingray's exercise of the above-mentioned rights, any request for refunds shall be made to Stingray, the Store or the third-party platform through which the Qello Platform and the Qello Service were made available to you, as applicable, in accordance with this Agreement, the Store Terms and Conditions or the terms and conditions of the relevant third-party platform, as applicable.

17. Term

The term of this Agreement shall begin when you accept this Agreement or otherwise use the Qello Platform and the Qello Service and shall end when terminated by you or Stingray in accordance with the provisions of this Agreement (the “Term”). Provisions 9, 12, 14, 15, 17 (last sentence), 20, 23, 24 and 25 of this Agreement shall survive the termination of this Agreement, so as any other provisions, if any, which by their meaning are intended to survive such expiration or termination.

18. Termination of subscriptions

No cancellation of any subscription to the Qello Service is allowed during the Subscription Period and no refund will be made, except as provided in Section 16.

If you ordered a non-recurring subscription (e.g. through a gift or promo code) and you wish to continue to have access to the Qello Service upon the expiration of your Subscription Period, you need to purchase a new subscription to the Qello Service.

If you ordered a recurring subscription and you have cancelled your subscription or deactivated the auto-renewal option as provided in Section 8, this Agreement shall automatically terminate upon the expiration of your current Subscription Period.

19. Termination by Stingray and Other Remedies

If you fail to comply with any of the provisions of this Agreement, including, but not limited to, failure to make payment of the fees due to Stingray, the Store or the third-party platform through which the Qello Platform and the Qello Service were made available to you, as applicable, failure to provide accurate and complete Account Data, violation of the Rules of Conduct, or infringement or other violation of third parties’ rights, Stingray, at its sole discretion, without prior notice to you, may (i) terminate this Agreement and/or deactivate your right to use the Qello Service and/or your account; or (ii) preclude access to the Qello Service (or any part or feature thereof). Upon termination of this Agreement, you shall cease all use of the Qello Platform and of the Qello Service and destroy any and all copies of the Qello Platform on your Devices, when applicable.

You acknowledge and agree that the termination of your account by the Store or the third-party platform through which the Qello Service is made available to you, when applicable, or the withdrawal of the Qello Service by the Store or the third-party platform, when applicable, at any time and for whatever reason, will automatically terminate this Agreement and your access to the Qello Platform and the Qello Service, without any liability whatsoever on the part of Stingray.

20. Consent to Use of Your Information

You agree that Stingray may collect and use technical data and other information, including but not limited to, your music preferences and information about your Devices, systems, application software and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you, if any, related to the Qello Platform and/or the Qello Service, to establish usage statistics of the Qello Platform and the Qello Service, to provide you with behavioral advertising, and/or any other purpose indicated in Stingray’s Privacy Policy. Stingray may use this information, as long as it is in a form that does not personally identify you.

You also agree that Stingray has the right, without liability to you, to disclose any Account Data to law enforcement authorities, government officials, and/or a third party, as Stingray believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement.

You further agree that if your account is deactivated or if this Agreement is terminated, Stingray may retain some information provided by you to comply with the law and/or its contractual obligations with third parties, and/or to prevent subsequent signing up to the Qello Service.

21. Privacy Policy

Your use of the Qello Platform and of the Qello Service is subject to Stingray’s Privacy Policy, which is expressly made a part of this Agreement. Please review Stingray’s Privacy Policy available on the Qello Platform and/or on www.stingray.com.

22. YOUR REPRESENTATIONS AND WARRANTIES

You represent and warrant that (i) your Account Data is complete and accurate; (ii) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (iii) you are not listed on any U.S. Government list of prohibited or restricted parties.

23. DISCLAIMERS

You expressly acknowledge and agree that your use of the Qello Platform and the Qello Service is at your sole risk and that Stingray makes no guarantee, representation or warranty that the operation of the Qello Platform and the Qello Service or your use of the Qello Platform and the Qello Service, including all and any of its features, will be uninterrupted or error-free. You also agree that the Qello Platform and the Qello Service may be temporarily unavailable from time to time for maintenance, technical problems or other reasons. Stingray may remove the Qello Platform and the Qello Service for indefinite periods of time or may disable access to the Qello Platform and the Qello Service at any time, without notice to you and without liability, subject to Section 16 above.

The Qello Platform, the Qello Service, and all information, content and materials made available to you through the Qello Platform and the Qello Service, are provided by Stingray “as is” and “as available” and without warranty of any kind. Stingray disclaims any and all warranties and representations with respect to the Qello Platform and the Qello Service, and the information, content and materials available on or through the Qello Platform and the Qello Service, including, but not limited to, the quality of the video recordings and audiovisual works, and all expressed or implied warranties of merchantability, non-infringement and fitness for a particular purpose are hereby specifically disclaimed and excluded. Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of consumers, so the above exclusion and limitations may not apply to you.

You acknowledge that the use of the Qello Service or of some of its features may require the use of other hardware and software products and that such hardware and software is your responsibility. Stingray makes no guarantee, representation or warranty that any particular device or other hardware will be compatible with the Qello Service and any other technology used by Stingray to distribute the Service. It is your sole responsibility to ensure that your system(s) and/or Devices will function correctly with the Service’s technology. Stingray shall not be liable to you or to any third party for any loss or damages to your computers, internet modems, Devices, or other hardware. Stingray makes no guarantee, representation or warranty that the Qello Platform and the Qello Service will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusion, and Stingray disclaims any liability relating thereto. You are solely responsible for backing up your own system.

It is your responsibility to pay any Internet access and/or bandwidth fees necessary to use the Qello Service. You expressly acknowledge and agree that watching content via the Qello Service may count toward your monthly Internet data allowance.

24. Indemnification

You agree to indemnify and hold Stingray, its affiliates and subsidiaries, and their respective directors, officers, employees, agents, representatives, contractors and licensors, harmless from and against any claim, loss, liability, damages, costs and expenses arising out of or in connection with (a) your breach of this Agreement; (b) any violation by you of any law or rights of a third party; or (c) any action taken by Stingray as part of its investigation of a suspected violation of this Agreement or as a result of its finding or decision that a violation of this Agreement has occurred.

25. LIMITATION ON LIABILITY

STINGRAY, ITS AFFILIATES AND SUBSIDIARIES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, CONTRACTORS AND LICENSORS, WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR PERSONAL INJURY OR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING FROM YOUR USE OR INABILITY TO USE THE QELLO PLATFORM AND/OR THE QELLO SERVICE OR ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS MADE AVAILABLE TO YOU THROUGH THE QELLO PLATFORM AND THE QELLO SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY REGARDLESS OF THE CAUSE OF ACTION. STINGRAY’S AGGREGATE LIABILITY TO YOU ARISING WITH RESPECT TO THIS AGREEMENT, THE QELLO PLATFORM AND THE QELLO SERVICE WILL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE QELLO PLATFORM AND THE QELLO SERVICE. SOME JURISDICTIONS DO NOT ALLOW SUCH LIMITATION ON LIABILITY, SO THIS LIMITATION MAY NOT APPLY TO YOU.

26. Entire Agreement

This Agreement, including Stingray’s Privacy Policy, constitutes the entire understanding between you and Stingray with respect to your use of the Qello Platform and the Qello Service, supersedes any prior agreements between you and Stingray, and governs your use of the Qello Platform and the Qello Service.

27. Assignment

You may not assign this Agreement without Stingray’s prior written consent. Stingray may assign this Agreement at any time without prior notice to you.

28. Severability

If any provision of this Agreement is held by any court of competent jurisdiction to be illegal or unenforceable under applicable law, such provision shall be excluded from this Agreement and the remaining provisions of this Agreement shall remain in full force and effect.

29. Waiver

The failure by Stingray to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of its right to subsequently exercise or enforce such right or provision or any other provision of this Agreement.

30. Changes to this Agreement

Stingray may change, revise, update or otherwise modify any of the terms and conditions contained in this Agreement, at any time and in its sole discretion. You acknowledge and agree that Stingray may impose new or additional rules, policies, terms or conditions on your use of the Qello Platform and of the Qello Service at any time. You hereby agree that a change notice sent to you by email or the posting on the Qello Service of a change notice or of a modified agreement is considered sufficient notice. All such changes shall take effect immediately. Your continued use of the Qello Platform and of the Qello Service after such changes shall be deemed to constitute your acceptance of any and all such changes. If you do not agree to abide by these new terms, do not continue to use the Qello Platform and the Qello Service. It is your responsibility to regularly check the Qello Service to determine if there have been changes to these terms and to review such changes.

31. Notices

All notices relating to this Agreement may be sent to you by email (effective upon actual receipt).

32. Submissions, Complaints and Customer Support

Any questions, comments, suggestions, ideas, feedback, complaints or other information you may have about the Qello Platform or the Qello Service should be directed to Stingray through the “Contact Us” section or link displayed on the Qello Platform or Stingray’s website located at www.stingray.com, or by mail to Customer Support Stingray Music USA Inc., c/o Stingray Digital Group Inc., 730 Wellington Street, Montreal, Quebec, Canada H3C 1T4, tel: 1-514-664-1244.

33. Third Party Beneficiary

With respect to users who access the Qello Service via a third-party platform, including but not limited to, a Store, such third-party platform is a third party beneficiary of this Agreement, and upon your acceptance of the terms and conditions of this Agreement, the third-party platform will have the right and will be deemed to have accepted the right to enforce this Agreement against you as a third-party beneficiary thereof.

34. Electronic Communications

YOUR ACCEPTANCE OF THIS AGREEMENT MEANS THAT YOU CONSENT TO RECEIVE COMMUNICATIONS FROM STINGRAY ELECTRONICALLY. AS A USER OF THE QELLO PLATFORM AND THE QELLO SERVICE, STINGRAY MAY FROM TIME TO TIME SEND YOU EMAIL UPDATES OR OTHER INFORMATION REGARDING THE QELLO PLATFORM AND THE QELLO SERVICE. YOU AGREE THAT ALL THESE EMAIL UPDATES AND OTHER COMMUNICATIONS THAT STINGRAY PROVIDES TO YOU ELECTRONICALLY SATISFY ANY LEGAL REQUIREMENT THAT SUCH COMMUNICATIONS BE IN WRITING.

35. Language

It is the express wish of the parties that this document and all related documents, including notices and other communications, be drawn up in the English language only.

Il est la volonté expresse des parties que ce document et tous les documents s’y rattachant, y compris les avis et les autres communications, soient rédigés et signés en anglais seulement.

Es el deseo expreso de las partes que este documento y todos los documentos relacionados, incluidos los avisos y otras comunicaciones, se redacten únicamente en inglés.

É o desejo expresso das partes que este documento e todos os documentos relacionados, incluindo avisos e outras comunicações, sejam elaborados apenas na língua inglesa.

È espressamente richiesto, che questo documento e tutti documenti correlati, comprese le comunicazioni e le altre comunicazioni, siano redatti esclusivamente in la lingua inglese.

Es ist der ausdrückliche Wunsch der Parteien, dass dieses Dokument und alle zugehörigen Dokumente, einschließlich Mitteilungen und sonstige Benachrichtigungen, nur in englischer Sprache verfasst werden.

Het is de uitdrukkelijke wens van de partijen dat dit document en alle bijbehorende documenten, waaronder mededelingen en andere communicatie, alleen in het Engels zijn opgesteld.

Date of Last Revision: April 20, 2018

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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