Marcato Digital Terms of Service & Usage Policy

Agreement to Terms of Service & Usage

These Terms and Conditions of Use (Terms of Service & Usage) apply to the Marcato web site at www.marcatoapp.com. The site is the property of Marcato Digital Solutions Inc. and its licensors. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.

Marcato reserves the right to modify the Terms of Service & Usage at any time, without notice. It is your responsibility to check these terms of Service & Usage periodically for changes. Your continued use of the site following the posting of changes will mean that you accept and agree to the changes.

Your Use of the Site

You may use any of our services, provided that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of Canada or other jurisdictions. In order to access certain services, you are required to provide current and accurate identification, contact, and other information as part of the registration process. You are responsible for maintaining the confidentiality of your account information, and are responsible for all activities that occur under your account. You are solely responsible for all content on your account. You agree to immediately notify Marcato of any unauthorized use of your account or any other breach of security. Marcato will not be liable for any loss or damage arising from your failure to provide us with accurate information or to keep your account secure.

You agree that you are responsible for maintaining your own account. You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, files, attachments or other materials ('Content') are the sole responsibility of the account from which such Content originated. Marcato reserves the right, but does not assume the responsibility, to monitor or review any content on Marcato's site. You agree that you are responsible for the conduct of all users of your account and any content that is created, transmitted, stored, or displayed by, from, or within your account while using Marcato services and for any consequences thereof. You agree to use Marcato services only for purposes that are legal, proper and in accordance with these Terms of Service & Usage and any applicable policies or guidelines. You agree that you will not engage in any activity that interferes with or disrupts the Marcato site or servers or networks connected to Marcato services.

You agree that you may access and use this site's Services, but only for your own internal purposes. All rights not expressly granted in this Agreement, are reserved by our licensors and us.

You will be granted a single login ID and password for each subscription that you purchase and our access and use of the Services will be limited to one person at a time per ID and password. You agree not to access (or attempt to access) this site by any means other than through the interface we provide, unless you have been specifically allowed to do so in a separate agreement. You agree not to access (or attempt to access) this site through any automated means (including use of scripts or web crawlers).

You are responsible for maintaining the confidentiality of your login ID, password, and any additional information that we may provide regarding accessing your account. If you knowingly share your login ID and password with another person who is not authorized to use the Services, this Agreement is subject to termination for cause. You agree to immediately notify us of any unauthorized use of your login ID, password, or account or any other breach of security regarding the subscription services.

You are not authorized to (i) resell, sublicense, transfer, assign, or distribute the site, its services or content; (ii) modify or make derivative works based upon the site, its services or content; (iii) except for linking to this site's home page, create Internet links to the site, its services or content, or (iv) "frame" or "mirror" any site, its services or content on any other server or Internet-enabled device.
You are not authorized to use our services or servers for the propagation, distribution, housing, processing, storing, or otherwise handling in any way any lewd, obscene, or pornographic material, or any other material, which we deem to be objectionable. The designation of any such materials is entirely at our sole discretion.

Information that you post to areas of this site that are viewable by others (for example, to a blog, forum or chat-room) will not be treated as proprietary, private, or confidential. We have no obligation to monitor posts to this site or to exercise any editorial control over such posts; however, we reserve the right to review such posts and to remove any material that, in our judgment, is not appropriate. Posting, transmitting, promoting, using, distributing or storing content that could subject Marcato to any legal liability, whether in tort or otherwise, or that is in violation of any applicable law or regulation, or otherwise contrary to commonly accepted community standards, is prohibited, including without limitation information and material protected by copyright, trademark, trade secret, nondisclosure or confidentiality agreements, or other intellectual property rights, and material that is obscene, defamatory, constitutes a threat, or violates export control laws.

Other Terms and Conditions

Ownership

We are the sole owner of this website and Services, any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to this site or its Services. This Agreement is not a sale and does not convey to you any rights of ownership. Our name, logo, and the product/services names associated with this site are our proprietary trademarks (and our licensors', where applicable), and no right or license is granted to use them.

Subscriptions

Subscriptions are not available to minors under the age of 18 years of age and any user that has been suspended or removed from the system.
Subscription Services - subscription services include web-based project management and collaboration system for festivals, events, touring music groups and artist managers. ("Services"). We reserve the right to update and modify the Services from time to time.

Subscription Term - the term of your subscription shall be specified during the registration process. After the expiration of this term, you may purchase another subscription in accordance with the terms and conditions posted at this site.

Subscription Fees/Periodic Payment - Payment of subscription fees may be by credit card online at this site, or by any other method approved by us. Fees are non-refundable, unless expressly provided otherwise on this site. If for any reason we are unable to charge your credit card with the full amount of the fees, or if we are charged back for any fee previously charged to your credit card, you agree that we may pursue all available remedies to pursue payment, including without limitation, suspension or termination of your account and rights to all Services from this site.

I hereby authorize Marcato to charge the credit card used in the registration process, as follows: charges will be monthly, for the dollar amount, and for the billing periods that are specified in the registration process. If the credit card authorization fails, we will request updated credit card information. However, if you do not provide updated credit card information that successfully authorizes within 72 hours after notice, we may terminate your account and rights to all Services from this site.

We offer a Sixty (60) day money-back guarantee. If you are not satisfied with this site's services, notify us within sixty (60) days of registration and you will receive a complete refund.

Technical Support

We shall answer questions by email and support board during our normal business hours regarding the use of the Services.

Account Termination

Marcato may terminate your account and access to the Services for cause without prior notice, upon the occurrence of any one of the following: (i) any material breach of this Agreement, including without limitation any failure to pay fees as they become due or any unauthorized use of the site or Services, or (ii) requests by law enforcement or other government agencies. Termination of your account includes (i) removal of access to all Services, and (ii) deletion of your login data, password, and all related information. Further, you agree that all terminations shall be made in our sole discretion, and that we will not be liable to you or any third-party for any termination of your account or access to Services. If we elect to terminate this Agreement for cause, we may elect, in our sole discretion, not to refund any prepaid fees or other amounts to you.

Limitation of Liability

IN NO EVENT SHALL EITHER PARTY'S AGGREGATE LIABILITY EXCEED THE AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU IN THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. IN NO EVENT SHALL EITHER PARTY AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE SERVICES, INCLUDING WITHOUT LIMITATION THE USE OR INABILITY TO USE THE SERVICES, OR FOR ANY CONTENT OBTAINED FROM OR THROUGH THE SERVICES OR THIS SITE, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT OR SUCH PARTY'S LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Exclusions and Limitations

Nothing in this agreement is intended to exclude or limit any condition, warranty, right or liability, which may not be lawfully excluded or limited.

No Third Party Beneficiaries

You agree that, except as otherwise expressly provided in this Terms of Service, there shall be no third party beneficiaries to the Terms of Service.

Warranty Disclaimer

YOU AGREE THAT YOUR USE OF MARCATO SERVICES SHALL BE AT YOUR SOLE RISK. ALL SERVICES PROVIDED BY MARCATO ARE AVAILABLE AS IS WITHOUT WARRANTIES OR GUARANTESS APPLIED.

Indemnity

You agree to defend, indemnify and hold harmless Marcato Digital Solutions, Inc, its 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: (i) your use of and access to the Marcato services; (ii) your violation of any term of this Agreement; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that use of our services caused damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of the Marcato services.

Notice

You agree that Marcato may provide you with notices, including those regarding changes to the Terms of Service, by email, regular mail, or postings on Marcato services.

General Information

Entire Agreement - The Terms of Service & Usage (including any policies, guidelines or amendments that may be presented to you from time to time) constitute the entire agreement between you and Marcato and govern your use of Marcato services, superseding any prior agreements between you and Marcato for the use of Marcato services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Marcato services, affiliate services, third-party content or third-party software.

Choice of Law and Forum. The Terms of Service & Usage and the relationship between you and Marcato shall be governed by the laws of the Province of Nova Scotia without regard to its conflict of law provisions. You and Marcato agree to submit to the personal and exclusive jurisdiction of the courts located within the city of Sydney, Nova Scotia.

Waiver and Severability of Terms. The failure of Marcato to exercise or enforce any right or provision of the Terms of Service & Usage shall not constitute a waiver of such right or provision. If any provision of the Terms of Service Usage is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Service & Usage remain in full force and effect.

Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of Marcato services or the Terms of Service & Usage must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Privacy

Please review this site's Privacy Policy that also governs your visit to this site. Our Privacy Policy is always accessible on our site's home page.