THE SECTIONS BELOW TITLED “BINDING ARBITRATION” AND “CLASS ACTION WAIVER” CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM.
If you accept or agree to the Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to the Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
We reserve the right, at our sole discretion, to modify, discontinue, or terminate the Platform and/or the Services, or to modify these Terms, at any time and without prior notice. If we modify these Terms, we will post the modification on the Platform. By accessing or using the Platform and/or the Services after we have posted a modification on the Platform, you are agreeing to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Platform.
description and use of the website and services
Services. Loop provides a premium short-form streaming service to Subscribers which includes music videos, film trailers, game trailers, and TV clips, and enables real-time interactions between venues (“Venues”), artists, and fans through the App and various third-party hardware or devices (the “Services”). Our Services are available on a Paid Subscription or Free Trial basis (as such terms are defined in Section 4 below).
Visitors. Visitors, as the term implies, are people who do not register as Subscribers, but want to explore the Platform. No login is required for Visitors. Visitors can view all content and access all publicly-available features and functionality on the Platform and can contact us.
Subscribers. Before you can access our Services (whether through a Paid Subscription or Free Trial, as such terms are defined in Section 4 below), you are required to become a Subscriber by registering on our Platform. Login is required for all Subscribers. Subscribers can do all the things Visitors can do, but Subscribers have access to and can use our Services.
To be a Subscriber, you must be eighteen (18) years or older. You affirm that you are at least eighteen (18) years of age and are fully able, competent, and duly authorized to enter into, and be bound by, these Terms.
We are under no obligation to offer Free Trials or to accept any individual as a Subscriber and may accept or reject any registration in our sole and complete discretion.
We reserve the right, in our sole and absolute discretion, to deny you access to the Platform, or any portion of the Platform, including by closing or disconnecting your account, without notice and without reason.
trial period and paid subscribtions
Changes to Paid Subscriptions. Loop Media reserves the right to modify or discontinue any Paid Subscription type and/or any associated fees, benefits, features and limitations at any time, at its sole discretion, by updating its Billing Page ("Subscribership Changes"). If you have already purchased a Paid Subscription when a Subscribership Change is made, the Subscribership Change will go into effect for you at the next renewal of your Paid Subscription (provided that we may impose Subscribership Changes sooner upon written notice to you in cases where required by applicable law or in other extraordinary circumstances).
automatic renewals; automatic charge; cancellation policy
Automatic Charges to Your Credit Card. By purchasing a Paid Subscription and providing your Billing Information, you authorize Loop Media to automatically charge our then-current Paid Subscription fees to your credit card at the beginning of the initial Subscribership Period and each subsequent Subscribership Period. Your credit card will continue to be automatically charged our Paid Subscription fees at the beginning of every Subscribership Period until you cancel your Paid Subscription in accordance with our Cancellation Policy described below.
Cancellation Policy. You may cancel your Paid Subscription at any time by logging into your Loop Media account and following the instructions to cancel your Paid Subscription, or by emailing Loop Media at [email protected] Once you cancel your Paid Subscription, we will not make any further automatic charges to your credit card and we will continue to charge only up to the date when your Paid Subscription shall be cancelled. You acknowledge and agree that you shall pay, and shall be responsible for, all fees incurred up to the date of cancellation.
You will comply with all applicable laws in your use of the Services and will not use the Services for any unlawful purpose;
You will not access or use the Services to collect any market research for a competing business;
You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
You will not interfere with, or attempt to interrupt the proper operation of, the Services through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any Content, data, files, or passwords related to the Services through hacking, password or data mining, or any other means;
You will not decompile, reverse engineer, or disassemble any software or other products or processes accessible through the Services;
You will not cover, obscure, block, or in any way interfere with any advertisements and/or safety features on the Services;
You will not use any robot, spider, scraper, or other automated means to access the Services for any purpose without our express written permission;
You will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure;
You will not allow anyone other than your employees and authorized representatives to access and use your account;
You will not resell, distribute, or sublicense the Services or use it for the benefit of anyone other than you or your business;
You will not remove or modify any proprietary markings or restrictive legends placed on the Services; andYou will not introduce, post, or upload to the Services any Harmful Code. As used herein, “Harmful Code” means computer code, programs, or programming devices that are intentionally designed to disrupt, modify, access, delete, damage, deactivate, disable, harm, or otherwise impede in any manner, including aesthetic disruptions or distortions, the operation of the Services, or any other associated software, firmware, hardware, computer system, or network (including, without limitation, “Trojan horses,” “viruses,” “worms,” “time bombs,” “time locks,” “devices,” “traps,” “access codes,” or “drop dead” or “trap door” devices) or any other harmful, malicious, or hidden procedures, routines or mechanisms that would cause the Services to cease functioning or to damage or corrupt data, storage media, programs, equipment, or communications, or otherwise interfere with the operations of the Services.
As a Subscriber, you shall acquire and maintain, in accordance with the instructions for such products, all hardware necessary to access the Services from your Venue.
Loop Media reserves the right, at any time, to modify, suspend, or discontinue the Services or any part thereof with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services or any part thereof. You are free to stop using the Services at any time.
If you find something that violates our User Guidelines, please let us know and we will review it.
third-party hardware or devices
The Platform contains material, such as videos, photographs, software, text, graphics, images, sound recordings, and other material provided by or on behalf of Loop Media (collectively referred to as the “Content”). The Content may be owned by us or third parties. The Content is protected under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws.
We and our licensors retain all right, title, and interest, including all intellectual property rights, in and to the Content. You must retain all copyright and other proprietary notices contained in the original Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose.
If you violate any part of these Terms, your permission to access the Content and the Platform automatically terminates and you must immediately destroy any copies you have made of the Content.
The trademarks, service marks, and logos of Loop Media (the “Loop Media Trademarks”) used and displayed on the Platform are registered and unregistered trademarks or service marks of Loop Media. Other company, product, and service names located on the Platform may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with Loop Media Trademarks, the “Trademarks”). Nothing on the Platform should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of Loop Media Trademarks inures to our benefit.
Elements of the Platform are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including, but not limited to, the use of framing or mirrors. None of the Content may be retransmitted without our express, written consent for each and every instance.
feedback and generated data
no warranties; limitation of liability
YOU ACKNOWLEDGE THAT THE PLATFORM AND OUR SERVICES MAY CONTAIN BUGS, ERRORS, AND OTHER PROBLEMS THAT COULD CAUSE SYSTEM FAILURES. CONSEQUENTLY, THE PLATFORM, THE SERVICES, AND THE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING THAT THE PLATFORM, SERVICES, OR CONTENT WILL OPERATE ERROR-FREE OR THAT THE SERVICES, THE PLATFORM, ITS SERVERS, OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES.
WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.
IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: (I) WE AND OUR LICENSORS SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE PLATFORM OR THE CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (II) ANY DIRECT DAMAGES, NOT ATTRIBUTABLE TO PERSONAL INJURIES, THAT YOU MAY SUFFER AS A RESULT OF YOUR USE OF THE PLATFORM, THE SERVICES, OR THE CONTENT SHALL BE LIMITED TO FIFTY UNITED STATES DOLLARS (US $50).
SOME JURISDICTIONS, INCLUDING THE STATE OF NEW JERSEY, DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. THEREFORE, SOME OF THE ABOVE LIMITATIONS ON WARRANTIES IN THIS SECTION MAY NOT APPLY TO YOU.
NOTHING IN THESE TERMS OF SERVICE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU.
compliance with applicable laws
termination of the agreement
class action waiver
changes to these terms
Our failure to act on or enforce any provision of these Terms shall not be construed as a waiver of that provision or any other provision in these Terms. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you in writing, these Terms constitute the entire agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. These Terms will inure to the benefit of our successors, assigns, licensees, and sublicensees.