Terms Of Service
Welcome to the Loopster website (the "Site") operated by Loopster, Inc. ("Loopster," "we," "our," or "us"). Please read the following terms and conditions of service ("Terms") carefully as they contain the legal terms and conditions that you agree to when you access the Site or use the Loopster services provided to you by Loopster through the Site ("Services").
Starting July 1, 2013, Loopster will begin deleting user uploaded files more than 30 days old and published files more than 60 days old. This will continue to occure on the first of every month. Furthermore, users may be limited to a maximum of 4 GB of storage (storage does not necessarily mean size of uploaded files or published, rather total storage used by all files generated or produced either by user or Loopster's software). Loopster recommends that once a user completes a project to download or share to social media.
For the purposes of these Terms, "you" means you, the person using the Site, and, if applicable, the person that agrees to the Terms in Sections B and C when registering for an account. You and any persons that you authorize to use your account may be referred to in these Terms as the "User."
BY ACCESSING THIS SITE OR USING ANY OF THE SERVICES ON THE SITE YOU AGREE TO BE BOUND BY THESE TERMS WHICH CONTAIN PROVISIONS APPLICABLE TO ALL USERS OF THE SERVICES, INCLUDING CASUAL VISITORS TO THE SITE.
In the case of inconsistencies between these Terms and information included in off-line materials (e.g., promotional materials and mailers), these Terms will always govern and take precedence.
- Availability - Loopster uses reasonable efforts to ensure that the Services are available 24 hours a day, 7 days a week. However, there will be occasions when the Services will be interrupted for maintenance, upgrades and emergency repairs or due to failure of telecommunications links and equipment that are beyond the control of Loopster. Loopster will use reasonable commercial efforts to minimize such disruption where it is within the reasonable control of Loopster. You agree that Loopster shall not be liable to you for any modification, suspension or discontinuance of the Services. YOU UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED "AS-IS" WITHOUT ANY WARRANTY OF ANY KIND. You are responsible for obtaining access to any Services and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Services.
- Payment, Renewal and Cancellation - Loopster will bill your credit card the monthly/annual fee stated at the time of purchase plus applicable tax either every month, for monthly subscribers, or each year for annual subscribers. As soon as you've successfully completed the sign-up process and your payment is confirmed, your membership will begin. After that, we'll renew your subscription automatically for the stated monthly / annual fee either on a monthly or annual basis depending on the program selected, unless you cancel. The price is subject to change, but we will always notify you beforehand. If you ever need to cancel, you will need to send a cancellation request to email@example.com.
- Trial Subscriptions; Promotions - Loopster may offer special promotions or trial periods inviting potential subscribers to trail the Services for a stated period, generally 30 days. At the expiration of the stated trial period, your subscription will automatically convert to a paid subscription and Loopster will charge you for the regular subscription period included in the offer, unless you cancel. If you choose to cancel, you will need to send a cancellation request to firstname.lastname@example.org.
- Trademarks - All brand, product and service names used in the Services which identify Loopster are proprietary marks of Loopster. All brand, product and service names used in the Services which identify third parties and their products and services are proprietary marks of such third parties. Nothing in the Services shall be deemed to confer on any person any license or right on the part of Loopster or any third party with respect to any such image, logo or name.
- Copyright - Unless otherwise stated in these Terms or on the Site, Loopster is the owner of all copyright and database rights in the Services and its contents. You may not publish, distribute, extract, reuse or reproduce any such content in any material form (including photocopying or storing it in any medium by electronic means) other than in accordance with these Terms.
- External Links - From time to time Loopster may provide links that will take you to third party website. These links are provided for your convenience only. If you decide to access linked website you do so at your own risk. Loopster does not endorse or take responsibility for the content on other website or the availability of other websites and you agree that Loopster is not liable for any loss or damage that you may suffer by using other website.
- Amendment of Terms - We reserve the right to amend these Terms agreed to by you from time to time without notice. Your continued use of the Site constitutes acceptance of any amendments, additions, or modifications to these Terms.
- Contact -Loopster is located in Grand Junction, Colorado U.S.A. Any questions, comments or suggestions, including any report of violation of these Terms should be provided to the Administrator as follows:
By E-mail - email@example.com
By Postal Mail - 1204 N. 7th St. Ste #109
SECTION B - TERMS APPLICABLE TO REGISTERED USERS OF THE SITE
- Registration - In consideration of your use of the Services, you represent and certify that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdictions. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Customer Data") and (b) maintain and promptly update the Customer Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). To register as a User of the Service you must be 18 years or over. Minor children under the age of 18 who wish to access the Service must obtain permission from their parents and their parents must agree to these Terms. Please remember that the Service is designed to appeal to a broad audience. Accordingly, as the legal guardian, it is your responsibility to determine whether any of the Services and/or Content (as defined in Section 5 below) are appropriate and inappropriate for your child.
- Amendment of Terms - You agree that Loopster retains the right to amend these Terms and the Site, including service offerings and prices at any time, for any reason, and without notice, and the right to terminate the Site or any part of any of the Site. You agree to review the posting of these Terms at http://loopster.com/ periodically to be aware of such changes. Your continued use of a Site constitutes acceptance of any amendments, additions, or modifications to these Terms. Any amendments or modifications made by Loopster shall be prospective only. You will be bound by all such modifications, whether or not you have notice thereof. If you continue to use the Services once you have been notified of the changes to these Terms, you will be deemed to have accepted those changes.
- Site License - Loopster grants you a personal, limited, revocable, non-exclusive and non-transferable license to use the Site and Services. This license is exclusive to you and you may not sublicense the use of the Site. Loopster expressly retains all ownership rights, title and interest in and to all aspects of any software, Services and the Site, including, but not limited to, all current and future patents, copyrights, trademarks, trade secrets, know-how, and other proprietary rights included or embodied in the Site. You may not modify the Site, create derivative works of the Site, or reverse engineer, reverse compile, reverse assemble or do any other operation with the Site that would reveal any source code, trade secrets, know-how or other proprietary information. This license shall not be construed or interpreted as granting or providing rights to you to use, reproduce, modify, distribute, perform, display, possess or control the source code or any other aspect of the Site. You may not remove or modify any notice of confidentiality, trade secret, trademark or copyright encoded or embodied in the Site or displayed by, on, or in the Site. You may use the Site only while these Terms remain in effect. Under no circumstances shall you have any rights of any kind in or to the Site after any termination or expiration of your agreement to these Terms for any reason.
- Password - You will create a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Loopster of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Loopster cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
- Copyright in Your Content - Loopster does not claim ownership rights in any information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials or content you make available or use in connection with the Site and the Services or use in connection with your account ("Content"). In the event you submit your Content to Loopster for entry into a Loopster contest or in connection with a Loopster promotional event, you unconditionally grant to Loopster a non-exclusive, perpetual, irrevocable, worldwide, fully-paid, transferable right and license, with the right to sublicense through multiple levels of sublicensees, under all of your intellectual property rights in the Content, to (a) reproduce, create derivative works of, distribute, publicly perform, publicly display, digitally transmit, and otherwise use the Content in any medium or format, whether now known or hereafter discovered; and (b) exercise any and all other present or future rights in the Content. You understand and agree that Loopster may, at its sole discretion, embed a Loopster watermark or add a promotional video clip into your Content. You agree not to remove, disable, or hide such watermark or promotional video clip from your Content. Notwithstanding the above, a Loopster watermark or Loopster promotional video clip in no way represents an endorsement of your Content by Loopster and you shall remain solely liable for any liability arising from your Content. In the event you (i) submit your Content to Loopster in connection with a Loopster contest or promotional event, or (ii) you publish or post your Content publicly or allow your Content to be accessed by any third party, you understand and agree such action may result in your Content getting distributed around the world, across the internet or virally across various media online and offline that Loopster does not control and therefore your Content may be available indefinitely on those non-Loopster controlled sources. You remain the owner of all Content that you submit to the Service and as a condition to your use of the Site and the Services, you represent and warrant to Loopster that you are the owner of the copyright to the Content you submit to the Service or that you have written permission from the copyright owner to submit such Content. In addition, you warrant that all moral rights in any Content have been waived. You agree to indemnify and hold Loopster harmless for any violation of this provision.
- You may place Content on the Site only in accordance with the following limitations. You may NOT store any of the
following material on the Site or obtain any such material using the Site:
- (a) Any threatening, obscene, pornographic or profane material or any other material that could give rise to any civil or criminal liability under applicable law
- (b) Any material that could infringe rights of privacy, publicity or copyrights without the permission of the owner of these rights and the persons (or their parents or legal guardians, where applicable) whose likenesses are displayed in the material; or
- (c) Any material sent from an anonymous or false address
- While Loopster does not and cannot review all material on the Site, and is not responsible for its content, Loopster reserves the right to remove, delete, move, or edit Content that it, in its sole discretion, deems abusive, defamatory, obscene, in violation of the law, including but not limited to copyright or trademark law, or otherwise unacceptable. Loopster will not be liable for the Content of any submission. You agree to indemnify and hold Loopster harmless for any violation of this provision.
- You may place Content on the Site only in accordance with the following limitations. You may NOT store any of the following material on the Site or obtain any such material using the Site:
- Third Party Software and Linking - Although we may make software, hyperlinks, and other products of third-party companies available to you, your use of such products is subject to the respective terms and conditions imposed by the third party owning, manufacturing or distributing such products, and the agreement for your use will be between you and such third party. Loopster makes no warranty with regard to the products or web site of any other entity. Loopster has no control over the content or availability of any third-party software or web site. In particular
- (a) Loopster makes no warranty that any third-party software you download or web site you visit will be free of any contaminating or destructive code, such as viruses, worms or Trojan horses and
- (b) Loopster notifies you that it is your responsibility to become familiar with any web site's privacy and other policies and terms of service, and to contact that site's webmaster or site administrator with any concerns.
- Monitoring of Content - You acknowledge, consent and agree that Loopster may access, preserve, and disclose your account information if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to:
- (a) comply with legal process;
- (b) enforce these Terms;
- (c) respond to claims that any content violates the rights of third-parties;
- (d) respond to your requests for customer service; or
- (e) protect the rights, property, or personal safety of Loopster, its users and the public.
- Suspension and Termination of Access and Membership - Loopster reserves the right to suspend or terminate your account and use of the Site, at any time, without notice, for any reason, including but not limited to the following:
Further, you agree that Loopster shall not be liable to you or any third party for any termination of your access to the Site. Loopster reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that you shall not use the Services as online storage for your Content. You agree that Loopster shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
- (a) breach of these Terms, including policies or guidelines set forth by Loopster elsewhere;
- (b) Conduct that Loopster believes is harmful to other users of the Services or the business of Loopster or other third party information providers.
- Disclaimer of Warranty - THE SERVICES AVAILABLE THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN PARTICULAR, LOOPSTER MAKES NO WARRANTY THAT THE SITE OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, THAT THE SITE OR OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, THAT THE SITE, INCLUDING THE SERVICES WILL BE AVAILABLE, OR THAT DATA ARE SECURE FROM UNAUTHORIZED ACCESS. LOOPSTER MAKES NO WARRANTY REGARDING ANY SOFTWARE, GOODS, SERVICES, PROMOTIONS, OR THE DELIVERY OF ANY GOODS OR SERVICES, PURCHASED, ACCESSED OR OBTAINED THROUGH THE SITE OR ADVERTISED THROUGH THE SITE. NO ADVICE OR INFORMATION GIVEN BY LOOPSTER, ITS EMPLOYEES OR AFFILIATES SHALL CREATE A WARRANTY.
SECTION C. - TERMS APPLICABLE TO REGISTERED AND UNREGISTERED USERS OF THE SITE
- Rules of Conduct
- The following Rules of Conduct apply to the Site. By using any of the Site, you agree that you will not distribute any Content that:
- (a) is defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person; is bigoted, hateful, or racially or otherwise offensive; is violent, vulgar, obscene, pornographic or otherwise sexually explicit; or otherwise harms or can reasonably be expected to harm any person or entity;
- (b) is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them, including a submission that is, or represents an attempt to engage in, child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, drug dealing and/or drug abuse, harassment, theft, or conspiracy to commit any criminal activity;
- (c) infringes or violates any right of a third party including:
- (i) copyright, patent, trademark, trade secret or other proprietary or contractual rights;
- (ii) right of privacy (specifically, you must not distribute another person's personal information of any kind without their express permission) or publicity; or
- (iii) any confidentiality obligation;
- (d) is commercial, business-related or advertises or offers to sell any products, services or otherwise (whether or not for profit), or solicits others (including solicitations for contributions or donations);
- (e) contains a virus or other harmful component, or otherwise tampers with, impairs or damages the Site or any connected network, or otherwise interferes with any person or entity's use or enjoyment of the Site;
- (f) does not generally pertain to the designated topic or theme of the Site;
- (g) violates any specific restrictions applicable to a public forum, including its age restrictions and procedures; or
- (h) is antisocial, disruptive, or destructive, including "flaming," "spamming," "flooding," "trolling," and "griefing" as those terms are commonly understood and used on the Internet.
- You expressly agree that you are solely responsible for any and all acts and omissions that occur under your account or password, and you agree not to engage in any unacceptable uses of the Services, which include, without limitation, use of the Services to:
- (b) interfere, disrupt or attempt to gain unauthorized access to other accounts on the Site or any other computer network;
- (c) use the Site or the Services in connection with any commercial endeavors;
- (d) post your personal information such as instant messaging addresses, personal URLs, physical addresses and phone numbers in any publicly viewable areas of the Site;
- (e) post or give out any financial information or transmit electronically or physically any money to other Users;
- (f) create user accounts by automated means or under fraudulent or false pretenses;
- (g) create or transmit unsolicited electronic communications such as spam to Users or promote any products or services;
- (h) submit or upload any type of material that is unlawful, harmful, hateful, threatening, abusive, harassing, defamatory, offensive, obscene, pornographic, lewd, lascivious, or otherwise objectionable, as determined by Loopster;
- (i) submit or upload any content for which you do not own all applicable rights or that infringes the proprietary rights of other parties;
- (j) submit, engage in or upload any type of competitions or content that can cause physical or mental harm to the participants or visitors to the Site;
- (k) harass, threaten or intentionally embarrass or cause harm or distress to another person or group;
- (l) collect and publish any information about any of our Users;
- (m) adapt, modify or reverse engineer any portion of the Services or the Site;
- (n) use any spider, robot, retrieval application, or any other device to retrieve any portion of the Site;
- (o) reformat any of the pages that are part of the Site;
- (p) disseminate, store or transmit viruses, worms, Trojan horses or other malicious code or program;
- (q) encourage conduct that would constitute a criminal or civil offense;
- (r) violate any applicable federal, state, local or international law or regulation;
- (s) exploit children under 18 years of age;
- (t) invade the privacy of any person, including but not limited to submitting personally identifying or otherwise private information about a person without their consent (or their parent's consent in the case of a child under 13 years of age);
- (u) solicit personal information from a child under 13 years of age;
- (v) submit false or misleading information to Loopster, the Site or other Users; or
- We cannot and do not assure that other Users are or will be complying with the foregoing rules of conduct or any other provisions of these Terms, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance.
- The following Rules of Conduct apply to the Site. By using any of the Site, you agree that you will not distribute any Content that:
- Copyright, Other Proprietary and Privacy Protection for Other Users' Content on the Site - Loopster hereby notifies you that all the information, content, image files, software and materials on the Site may be protected by U.S. and international copyright and other intellectual property laws and by other applicable laws, including privacy laws. You understand that Loopster is unable to provide you with permission to copy display or distribute material for which you do not own the copyright or other intellectual property rights. You may not copy or distribute such material without the written consent of the owner, and you are solely responsible for any copyright or other intellectual property law violations that you may incur as a result of your activities on the Site. Loopster has the absolute right to terminate your account or exclude you from any Site if you use our Services to violate the intellectual property rights or other rights of third parties. You agree to indemnify and hold Loopster harmless for any violation of this provision.
- Claims of Copyright Infringement
- We have adopted and implemented a policy that provides for the termination, in appropriate circumstances as determined by us in our sole discretion, of Users who are infringers of copyright. Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement must be sent to the service provider's designated agent.
- Notification must be submitted to the following:
- Service Provider: Loopster, Inc.
- Name: Administrator
- Full Address: [1204 N. 7th St. Ste 109]
- Email: firstname.lastname@example.org
- To be effective, the notification must be a written communication that includes the following:
- (a) A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- (b) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- (c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- (d) Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- (e) A statement that the complaining party has 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
- (f) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- (a) Your physical or electronic signature;
- (b) Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
- (c) A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
- (d) Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which Loopster may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
- YOU ACKNOWLEDGE, BY YOUR USE OF ANY OF THE SITE OR SERVICES, THAT YOUR USE OF THE SITE OR SERVICES AND ANY RELIANCE UPON EITHER IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH YOUR USE OF THE SITE OR SERVICES. YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL LOOPSTER BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, IMAGES, DATA OR OTHER INTANGIBLES, EVEN IF LOOPSTER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, THAT RESULT FROM THE USE OR THE INABILITY TO USE THE SITE OR THE SERVICES, FROM ANY CHANGES TO THE SITE OR THE SERVICES OR FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. YOU SPECIFICALLY ACKNOWLEDGE THAT DOWN- TIME AND COMPUTER VIRUSES ARE RISKS INHERENT IN THE USE OF THE INTERNET AND SOFTWARE PRODUCTS, AND YOU AGREE TO ASSUME RESPONSIBILITY FOR ANY HARM OR DAMAGES OF ANY KIND OR CHARACTER WHATSOEVER RESULTING FROM THESE POSSIBLE HARMS. YOU ALSO SPECIFICALLY ACKNOWLEDGE THAT YOU MAY BE DISCLOSING SENSITIVE, PRIVATE AND CONFIDENTIAL INFORMATION ABOUT YOURSELF IN YOUR USE OF THE SITE AND THE SERVICES AND YOU AGREE TO ASSUME RESPONSIBILITY FOR ANY HARM OR DAMAGES OF ANY KIND OR CHARACTER WHATSOEVER RESULTING FROM YOUR RELEASE OF SUCH CONTENT.
- IF YOU ARE DISSATISFIED WITH THE SITE OR THE SERVICES OR WITH ANY OF THESE TERMS, OR FEEL LOOPSTER HAS BREACHED THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND THE SERVICES. THE TOTAL LIABILITY OF LOOPSTER TO YOU FOR ANY CLAIM ARISING FROM OR RELATING TO THESE TERMS OR USE OF THE SITE OR THE SERVICES SHALL NOT EXCEED ANY AMOUNT PAID BY YOU FOR THE SERVICES. IT IS THE INTENTION OF YOU AND LOOPSTER THAT THIS PROVISION BE CONSTRUED BY A COURT AS BEING THE BROADEST LIMITATION OF LIABILITY CONSISTENT WITH APPLICABLE LAW.
- SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL, CONSEQUENTIAL OR OTHER TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.