Terms of Service

Effective Date: May 12, 2025

Welcome to the Elkhart Jazz Festival mobile app (“App”), developed and maintained by AppCerc LLC on behalf of the Elkhart Jazz Festival. These Terms of Service (“Terms”) govern your use of the App. By accessing or using the App, you agree to be bound by these Terms.
1. Eligibility and Account Registration
You must be at least 13 years old to use the App. By registering an account or using the App, you affirm that you meet this requirement. You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account.
2. Features and Functionality
The App allows you to:
  • Browse public and ticketed Elkhart Jazz Festival events
  • Favorite artists, venues, and events for easier access
  • Receive push notifications and email updates related to the festival
We do not offer ticket sales or user-generated content functionality in the app.
3. Account Suspension or Termination
We reserve the right to suspend or terminate your access to the App at any time, at our discretion, especially in cases of abuse, violation of these Terms, or harmful behavior toward other users or the service.
4. Intellectual Property
All content in the App, including logos, graphics, event listings, and artist bios, is the property of the Elkhart Jazz Festival or its licensors. You may not reproduce, modify, or distribute any part of the App without prior written permission.
5. User Conduct
You agree not to:
  • Use the App in a way that violates any applicable law or regulation
  • Attempt to interfere with the functionality or security of the App
  • Use automated scripts or bots to access or interact with the App
6. Location Access
The App may request access to your device’s location solely for the purpose of showing nearby events and venues. This data is not stored or used for any other purpose.
7. Notifications and Communication
By registering, you agree to receive:
  • Push notifications via your device (you may opt-out in your device settings)
  • Email updates about festival news, app features, and related content (unsubscribe anytime via email preferences)
8. Disclaimer of Warranties
The App is provided “as is” and “as available.” We make no guarantees regarding accuracy, availability, or reliability. We are not responsible for:
  • Canceled or modified events
  • Technical issues or interruptions
  • Errors in content or schedule listings
9. Limitation of Liability
To the fullest extent permitted by law, AppCerc LLC and the Elkhart Jazz Festival shall not be liable for any indirect, incidental, or consequential damages arising from your use of the App.
10. Changes to These Terms
We may update these Terms at any time. If changes are material, we will notify you via email or in-app messaging. Continued use after changes means you accept the new Terms.
11. Governing Law
These Terms are governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of laws principles.
12. Contact Us
If you have any questions or concerns about these Terms, please contact:
 [email protected]