Terms of Use

This Chant website, application for mobile devices and related services (the “Services”) is made available by Chant, LLC., a Delaware corporation (“Chant,” “us”, “we” or “our”). 

 

You are an “Authorized User” on our App that is controlled by a “Supporters Group.”

A Supporters Group is an organization or group that has invited you participate in its membership through the use of this App and has authorized you to use this App in accordance with these Terms of Use (“Terms”) and the Supporters Group Terms of Use. The Supporters Group has agreed to separate terms and conditions with us that permitted the Supporters Group to create this App so that you could join the Supporters Group and participate in its activities through this App (each person granted access to this App, including you, is an “Authorized User”). These Terms contain our commitment to deliver this App to the Supporters Group so that it can invite Authorized Users to join, as well as the terms and conditions of your use of this App. When an Authorized User (including, you) submits content or information to the App, such as messages or files (“User Data”), you acknowledge and agree that the User Data is owned by the Supporters Group and may be used by the Supporters Group in accordance with the Supporters Group Terms of Use. 

 

The Relationship Between You, the Supporters Group and Us

AS BETWEEN US AND THE SUPPORTERS GROUP, YOU AGREE THAT IT IS SOLELY THE SUPPORTERS GROUP’S RESPONSIBILITY TO (A) INFORM YOU AND ANY AUTHORIZED USERS OF ANY RELEVANT POLICIES AND PRACTICES AND ANY SETTINGS THAT MAY IMPACT THE PROCESSING OF USER DATA; (B) OBTAIN ANY RIGHTS, PERMISSIONS OR CONSENTS FROM YOU AND ANY AUTHORIZED USERS THAT ARE NECESSARY FOR THE LAWFUL USE OF USER DATA AND THE OPERATION OF THE SUPPORTERS GROUP; (C) ENSURE THAT THE TRANSFER AND PROCESSING OF USER DATA THROUGH THE APP IS LAWFUL; AND (D) RESPOND TO AND RESOLVE ANY DISPUTE WITH YOU AND ANY AUTHORIZED USER RELATING TO OR BASED ON USER DATA, THE SUPPORTERS GROUP OR ANY FAILURE BY THE SUPPORTERS GROUP TO FULFILL THESE OBLIGATIONS. CHANT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, TO YOU RELATING TO THE SERVICES, WHICH ARE PROVIDED TO YOU ON AN “AS IS” AND “ AS AVAILABLE” BASIS.

 

If you are not the intended recipient of the invitation to use this App, you must get consent from the Supporters Group before downloading, installing, accessing or using the App.  These Terms remain effective until the Supporters Group’s subscription for you expires or terminates, or your access to this App has been terminated by the Supporters Group or us. Please contact your Supporters Group if you at any time or for any reason wish to terminate your account, including due to a disagreement with any updates to these Terms.

 

These Terms, along with our Privacy Policy tells you the terms of use (collectively, the “Terms”) on which you may access and use this App. Please read these Terms carefully before you download, install or use the App. By downloading, installing or using the App, you indicate that you accept these Terms and that you agree to abide by them, effective on the date on which you download, install or use the App. If you do not agree with these Terms, you should cease downloading, installing or using the App immediately.

 

General Terms.

1. To download, install, access or use the App, you represent that you are at least 18 years of age or over, are legally able to consent to these Terms. If you are under 18 or are not legally able to consent to these Terms and you wish to use download, install, access or use the App, you must get consent from your parent or guardian before doing so. 

2. We reserve the right to modify the Terms from time to time. If we make any material change to these Terms, we will post a prominent notice within the App and/or send you an e-mail, indicating that the Terms have been revised and setting forth the effective date of such revision. Please read carefully the modified version of the Terms before continuing to use the App. If you do not agree to the modified version of the Terms, your only remedy will be to cease using the App.

3. Depending on the version of the App you have downloaded, these Terms incorporate Apple’s or Google Android’s terms and conditions and privacy policies as though rewritten here.

 

Prohibited Uses. 

 

1. You agree that you will not in any way use the App or submit to us or to the App or to any user of the App anything which in any respect:

a) is in breach of any law, statute, regulation or by-law of any applicable jurisdiction;

b) is fraudulent, criminal or unlawful;

c) is inaccurate or out-of-date;

d) may be obscene, indecent, pornographic, vulgar, profane, racist, sexist, discriminatory, offensive, derogatory, harmful, harassing, threatening, embarrassing, malicious, abusive, hateful, menacing, defamatory, untrue or political;

e) impersonates any other person or body or misrepresents a relationship with any person or body;

f) may infringe or breach the copyright or any intellectual property rights (including without limitation copyright, trademark rights and broadcasting rights) or privacy or other rights of us or any third party;

g) may be contrary to our interests;

h) is contrary to any specific rule or requirement that we stipulate on the App in relation to a particular part of the App or the App generally; or

i) involves your use, delivery or transmission of any viruses, unsolicited emails, trojan horses, trap doors, back doors, Easter eggs, worms, time bombs, cancelbots or computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.

 

2. You agree not to reproduce, duplicate, copy or re-sell the App or any part of the App except as permitted by these Terms.

 

User Obligations.

 

1. You grant to us an irrevocable, royalty-free, worldwide, assignable, sub-licensable license to use the User Data you submit to us or the App for the purpose of use on the App.

 

2. You assume sole responsibility for results obtained from the use of the App, and for conclusions drawn from such use. We shall have no liability for any damage caused by errors or omissions in any information, instructions or scripts provided to us by you in connection with the App, or any actions taken by us at your direction.

 

3. You agree to comply at all times with any instructions for use of the App which we make from time to time.  

 

4. You represent and warrant that (a) your use of the App will be in strict accordance with these Terms, the Supporters Group Terms of Use and with all applicable laws and regulations, including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and regarding the transmission of technical data exported from the United States or the country in which you reside and (b) your use of the App will not infringe or misappropriate the intellectual property rights of any third party.

 

5. If you choose, or you are provided with a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you, the Supporters Group or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms and/or the Supporters Group Terms of Use.

 

Availability of the App, Security & Accuracy.

1. We make no warranty that your access to the App will be uninterrupted, timely or error-free. In addition, we may occasionally need to carry out repairs, maintenance or introduce new facilities and functions.

2. Access to the App may be suspended or withdrawn to or from you personally or all users temporarily or permanently at any time and without notice. We and/or the Supporters Group may also impose restrictions on the length and manner of usage of any part of the App for any reason. If restrictions are imposed on you personally, you must not attempt to use the App under any other name or user or on any other mobile device.

3. We may change or update the App and anything described in it without notice to you. If the need arises, we may suspend access to the App, or close it indefinitely.

4. We make no representation or warranty, express or implied, that information and materials on the App are correct, no warranty or representation, express or implied, is given that they are complete, accurate, up-to-date, fit for a particular purpose and, to the extent permitted by law, we do not accept any liability for any errors or omissions.

5. The license granted to you for the App is limited to a non-transferable license (for the term purchased) to use the App on a mobile device that you own or control and as permitted by these Terms.

6. We are solely responsible for providing any maintenance and support services with respect to the App as required under applicable law. You and we acknowledge that Apple and/or Google have no obligation whatsoever to furnish any maintenance and support services with respect to the App.

7. You and we acknowledge that, in the event of any third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, we will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim; provided such infringement was caused by us.

 

Limitation of Liability.

1. You hereby release us, our officers, directors, agents, and employees from all claims, demands, and damages (actual and consequential) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way, connected with any disputes arising between you and the Supporters Group, or between you and other Authorized Users or between you and any third party suppliers.

2. EXCEPT AS SPECIFICALLY SET FORTH IN THESE TERMS, YOU ASSUME ALL RESPONSIBILITY AND RISK WITH RESPECT TO YOUR USE OF THE APP AND/OR YOUR PARTICIPATION IN THE SUPPORTERS GROUP. THE APP IS AVAILABLE “AS IS,” AND “AS AVAILABLE”. YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND ENDORSEMENTS, EXPRESS OR IMPLIED, WITH REGARD TO THE APP AND/OR THE SUPPORTERS GROUP, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT USE OF THE APP WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ERRORS WILL BE DETECTED OR CORRECTED. WE DO NOT ASSUME ANY LIABILITY OR RESPONSIBILITY FOR ANY VIRUSES, BUGS, MALICIOUS CODE OR OTHER HARMFUL COMPONENTS, DELAYS, INACCURACIES, ERRORS OR OMISSIONS, OR THE ACCURACY, COMPLETENESS, RELIABILITY OR USEFULNESS OF THE INFORMATION DISCLOSED OR ACCESSED BY OR THROUGH THE APP. WE HAVE NO DUTY TO UPDATE OR MODIFY THE APP AND WE ARE NOT LIABLE FOR OUR FAILURE TO DO SO. IN NO EVENT, UNDER NO LEGAL OR EQUITABLE THEORY (WHETHER TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE), SHALL WE OR ANY OF OUR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AGENTS OR AFFILIATES, BE LIABLE HEREUNDER OR OTHERWISE FOR ANY LOSS OR DAMAGE OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM THE APP, THE USE OF THE APP OR OUR AGREEMENT WITH YOU CONCERNING THE APP, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, DIRECT, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES, LOST ANTICIPATED PROFITS, LOSS OF GOODWILL, LOSS OF DATA, BUSINESS INTERRUPTION, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF WE HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IF WE ARE HELD LIABLE TO YOU IN A COURT OF COMPETENT JURISDICTION FOR ANY REASON, IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES IN EXCESS OF ONE HUNDRED FIFTY DOLLARS (US$150.00). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IF ANY LIMITATION ON REMEDIES, DAMAGES OR LIABILITY IS PROHIBITED OR RESTRICTED BY LAW, WE SHALL REMAIN ENTITLED TO THE MAXIMUM DISCLAIMERS AND LIMITATIONS AVAILABLE UNDER THESE TERMS, AT LAW AND/OR IN EQUITY.

 

Indemnification.

You agree to indemnify and hold us and the Supporters Group and each of our affiliates, successors and assigns, and their respective officers, directors, employees, agents, representatives, licensors, advertisers, suppliers, and operational service providers harmless from and against any and all losses, expenses, damages, costs and expenses (including attorneys’ fees), resulting from your use of the App and/or any violation of these Terms and/or the Supporters Group Terms of Use. We reserve the right to assume the exclusive defense and control of any demand, claim or action arising hereunder or in connection with the App and all negotiations for settlement or compromise. You agree to fully cooperate with us in the defense of any such demand, claim, action, settlement or compromise negotiations, as requested by us.

 

Trade Marks.

The “Chant” name and logos and all related names, trademarks, service marks, design marks and slogans are the trademarks or service marks of us or our licensors. federation, league, club, supporters group or other partner.

 

Intellectual Property Rights.

As between you and us, we are the sole and exclusive owner or the licensee of all intellectual property rights in the App. Those works are protected by copyright and trademark laws and treaties around the world. All such rights are reserved.

 

Information About You & Your Use of the App.

We process information about you in accordance with our Privacy Policy and the Supporters Group Terms of Use. By using the App, you consent to such processing and you warrant that all data provided by you is accurate.

 

Third Party Websites.

We have no control over and accept no responsibility for the content of any website or mobile application to which a link from the App exists (unless we are the provider of those linked websites or mobile applications), including, but not limited to, the Supporters Group website and any official sports team websites. Such linked websites and mobile applications are provided “as is” for your convenience only with no warranty, express or implied, for the information provided within them. We do not provide any endorsement or recommendation of any third party website or mobile application to which the App provides a link, including, but not limited to, the Supporters Group website and any official sports team websites. The terms and conditions, terms of use and privacy policies of those third party websites and mobile applications will apply to your use of those websites and mobile applications and any orders you make for goods and services via such websites and mobile applications. If you have any queries, concerns or complaints about such third party websites or mobile applications (including, but not limited to, queries, concerns or complaints relating to products, orders for products, faulty products and refunds) you must direct them to the operator of that third party website or mobile application.

 

Severability.

If any of these Terms should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction which that term is illegal, invalid or unenforceable, it shall be severed and deleted and the remaining Terms shall survive, remain in full force and effect and continue to be binding and enforceable.

 

Non-assignment.

You may not assign or transfer or purport to assign or transfer the contract between you and us to any other person. We may assign the contract between you and us without restriction. 

 

Miscellaneous

1. These Terms (and our Privacy Policy, any other document referred to in these Terms and any other terms and conditions specifically agreed between you and us in writing) contain all the terms agreed between us and you regarding their subject matter and supersedes and excludes any prior terms and conditions, understanding or arrangement between us and you, whether oral or in writing. No representation, undertaking or promise shall be taken to have been given or be implied from anything said or written in negotiations between us and you prior to these Terms except as expressly stated in these Terms. Neither us nor you shall have any remedy in respect of any untrue statement made by the other upon which that party relied in entering into these Terms (unless such untrue statement was made fraudulently or was as to a matter fundamental to a party’s ability to perform these Terms).

2.These Terms may only be modified by a written amendment signed by an authorized executive of Chant or by the posting of a revised version by us. Except to the extent applicable law, if any, provides otherwise, these Terms and any access to or use of the App will be governed by the laws of the state of Georgia, excluding its conflict of law provisions. Any dispute or claim arising out of or in connection with these Terms will be subject to the exclusive jurisdiction of the federal and state courts sitting in Fulton County, Georgia. All dealings, correspondence and contacts between us shall be made or conducted in the English language. If any part of these Terms is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of these Terms or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. These Terms will be binding upon and will inure to the benefit of the parties, their successors, and permitted assigns.

 

These Terms were most recently updated on August 20, 2019.