The following terms govern your use of the services provided by Giant Octopus LLC, a Washington State limited liability company ("Crescendo Voice" "we" or "us") at and through the Crescendo Voice mobile application (or “app”).
The following terms supplement, and do not replace the Apple Media Services Terms and Conditions that you have already accepted. If you do not accept these additional terms, please discontinue use of the Crescendo Voice application.
By downloading or using the app, these terms will automatically apply to you – you should make sure therefore that you read them carefully before using the app. You’re not allowed to copy, or modify the app, any part of the app, or our trademarks in any way. You’re not allowed to attempt to extract the source code of the app, and you also shouldn’t try to translate the app into other languages, or make derivative versions. The app itself, and all the trade marks, copyright, database rights and other intellectual property rights related to it, still belong to Giant Octopus, LLC.
Over-working your voice can cause lasting damage. Never sing higher, lower or louder than is comfortable. Stop immediately and consult a physician if you feel discomfort during or after singing. Just like when hitting the gym, you need to guard against training injuries and overdoing it. Increase practice time and effort gradually and with patience.
SINGING AND VOICE TRAINING INVOLVES THE RISK OF PHYSICAL INJURY. INCORRECT OR EXCESSIVE USE OF THE VOICE CAN CAUSE PHYSICAL HARM TO THE VOCAL CORDS. CONSULT A PHYSICIAN BEFORE STARTING A VOCAL TRAINING PROGRAM AND IMMEDIATELY DISCONTINUE USE OF CRESCENDO VOICE AND CONSULT A PHYSICIAN IF YOU NOTICE ANY PHYSICAL DISCOMFORT DURING OR FOLLOWING THE EXERCISES OR INSTRUCTION INCLUDED IN THE APPLICATION.
THE APP IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. GIANT OCTOPUS LLC AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
GIANT OCTOPUS LLC MAKES NO WARRANTY THAT (I) THE APP WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (II) THAT YOUR ACCESS TO OR USE OF THE APP WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, (III) THAT ANY DEFECTS IN THE APP WILL BE CORRECTED, OR (IV) THAT THE APP OR ANY SERVER THROUGH WHICH YOU ACCESS THE APP IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
GIANT OCTOPUS LLC MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE QUALITY, SUITABILITY, RELIABILITY, TIMING, DURABILITY, LEGALITY, OR ANY OTHER ASPECT OF SERVICES OFFERED OR PROVIDED BY THE APP WHETHER IN PUBLIC, PRIVATE, OR OFFLINE INTERACTIONS.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE APP IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE DEVICE, TABLETS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GIANT OCTOPUS LLC OR THROUGH OR FROM THE APP SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL GIANT OCTOPUS LLC OR ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR BODILY INJURY OR EMOTIONAL DISTRESS AND DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF GIANT OCTOPUS LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE APP; (II) PRODUCE SERVICES FACILITATED BY THE APP OR ANY INTERACTIONS BETWEEN USERS, INCLUDING, WITHOUT LIMITATION, ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT OR OMISSION OF ANY USER (INCLUDING WITHOUT LIMITATION STALKING, HARASSMENT THAT IS SEXUAL OR OTHERWISE, ACTS OF PHYSICAL VIOLENCE, AND DESTRUCTION OF PERSONAL PROPERTY) OR ANY DISPUTE WITH ANY USER; (III) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE APP; (IV) ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF THE APP OR YOUR DATA OR TRANSMISSIONS; OR (V) ANY OTHER MATTER RELATING TO THE APP.
You agree to defend, indemnify and hold harmless Giant Octopus LLC and its affiliates, officers, directors, employees, agents, partners and licensors from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including but not limited to attorney's fees) arising from or relating to: (i) your use of and access to the app; (ii) any interaction between you and another user of the app; (iii) your violation of any term of these terms; (iv) your violation of any rights of a third party, including without limitation any copyright, intellectual property, trade secret or privacy right; or (v) any third-party claims or damages relating to death, personal injury or emotional distress arising from or related to use of the App or Produce Services. This defense and indemnification obligations will survive the termination of your use of the App.
Giant Octopus, LLC is committed to ensuring that the app is as useful and efficient as possible. For that reason, we reserve the right to make changes to the app or to charge for its services, at any time and for any reason. We will never charge you for the app or its services without making it very clear to you exactly what you’re paying for.
The Crescendo Voice app stores and processes personal data that you have provided to us, in order to provide our Service. It’s your responsibility to keep your device and access to the app secure. We therefore recommend that you do not jailbreak or root your device, which is the process of removing software restrictions and limitations imposed by the official operating system of your device. It could make your device vulnerable to malware/viruses/malicious programs, compromise your device’s security features and it could mean that the Crescendo Voice app won’t work properly or at all.
You should be aware that there are certain things that Giant Octopus, LLC will not take responsibility for. Certain functions of the app will require the app to have an active internet connection. The connection can be Wi-Fi, or provided by your mobile network provider, but Giant Octopus, LLC. cannot take responsibility for the app not working at full functionality if you don’t have access to Wi-Fi, and you don’t have any of your data allowance left.
If you’re using the app outside of an area with Wi-Fi, you should remember that your terms of the agreement with your mobile network provider will still apply. As a result, you may be charged by your mobile provider for the cost of data for the duration of the connection while accessing the app, or other third party charges. In using the app, you’re accepting responsibility for any such charges, including roaming data charges if you use the app outside of your home territory (i.e. region or country) without turning off data roaming. If you are not the bill payer for the device on which you’re using the app, please be aware that we assume that you have received permission from the bill payer for using the app.
Along the same lines, Giant Octopus, LLC cannot always take responsibility for the way you use the app i.e. You need to make sure that your device stays charged – if it runs out of battery and you can’t turn it on to avail the Service, Giant Octopus, LLC cannot accept responsibility.
At some point, we may wish to update the app. The app is currently available on iOS – the requirements for system (and for any additional systems we decide to extend the availability of the app to) may change, and you’ll need to download the updates if you want to keep using the app. Giant Octopus, LLC does not promise that it will always update the app so that it is relevant to you and/or works with the iOS version that you have installed on your device. However, you promise to always accept updates to the application when offered to you. We may also wish to stop providing the app, and may terminate use of it at any time without giving notice of termination to you. Unless we tell you otherwise, upon any termination, (a) the rights and licenses granted to you in these terms will end; (b) you must stop using the app, and (if needed) delete it from your device. Changes to This Terms and Conditions
We may update our Terms and Conditions from time to time. Thus, you are advised to review this page periodically for any changes. We will notify you of any changes by posting the new Terms and Conditions on this page.
These terms and conditions are effective as of July, 30, 2021.
These Terms and Conditions and the relationship between you and Giant Octopus, LLC shall be governed by the laws of the State of Washington, without regard to its conflict of law provisions. You and Giant Octopus, LLC agree to submit to the personal and exclusive jurisdiction of the courts located within Jefferson County, WA.
If you have any questions or suggestions about our Terms and Conditions, do not hesitate to contact us through our contact form.
This Terms and Conditions page was generated by App Privacy Policy Generator and modified by Giant Octopus, LLC.