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Terms of use

These Terms and Conditions (hereinafter, referred to as "the Terms") for the website https://www.loudup.com (hereinafter, referred to as the "Website") constitute a legal agreement between the user ("you", "your", "user") of the Website and LoudUp LTD having a principal place of business at Manor House, Mill Lane, Southampton, Hampshire, United Kingdom, SO16 0YE (hereinafter, referred to as the "Company"). By using the Website, you acknowledge that you have read the Terms and agree to be bound by them. If you do not agree to the Terms, please do not use the Website. The Company grants you the right to use the Website only in the case that you agree to the Terms.

  1. The Website
    1. The Website is a platform allowing you to discover new music and build a social network based on your musical interests.
    2. The Website allows the users to log into the Website by using their Facebook account or creating an account directly with the Website. The Website allows artists, producers, musicians and songwriters to upload their music to the Website by logging in using their SoundCloud account.
  2. Company’s Content
    1. The Website contains materials that are owned by the Company (hereinafter, referred to as "Company’s Content"). Such materials include, but are not limited to, text, images, and source code. Company’s Content is intellectual property of the Company. Company’s Content is protected by the intellectual property law of the United Kingdom and the applicable international intellectual property laws.
  3. User-generated content
    1. The Website offers users the opportunity to: (1) exchange messages; (2) post comments, questions, images, links to music on SoundCloud and videos on YouTube and Vimeo, links to where your music can be purchased, and other materials on the Website; (3) register a user name and a display name; (hereinafter, the information mentioned in points (1),(2), and (3) of this Section 3.1 is collectively referred to as "User-Generated Content").
    2. You agree not to submit any User-Generated Content or other material that:
      • violates the applicable privacy laws;
      • contains malware, including, but not limited to, Trojan horses, viruses, worms or other software that can alter, interrupt, impede, limit or destroy the performance and/or functioning of any software, hardware, or other equipment;
      • is an advertisement or promotion for any product or service that had not been approved in writing by the Company;
      • constitutes an unfair or deceptive trade practice;
      • is false or misleading;
      • infringes the intellectual property rights of others;
      • is abusive, defamatory, harassing, hateful, libelous, obscene, profane, sexually explicit, threatening, and vulgar;
      • is racially, ethnically or otherwise objectionable in any manner;
      • promotes the use of alcohol and tobacco;
      • promotes the use of illegal drugs or any other illegal substance;
      • is submitted by using fake email addresses;
      • constitutes spam or other abusive messaging;
    3. You further agree that any User-Generated Content submitted by you does not contain any confidential, proprietary or trade secret information. The Company shall have no obligation to store, keep copies of or return any User-Generated Content. The Company further reserves the right, in its sole discretion, to modify, delete or remove any User-Generated Content from the Website that it deems to be in violation of the foregoing requirements.
    4. You will be solely responsible and liable for, and will indemnify the Company and its officers, directors, employees and agents from and against any losses, expenses, liabilities, claims, costs, and damages arising from your User-Generated Content.
    5. By publishing User-Generated Content on your profile on the Website, you agree that such User-Generated Content will be made publicly available. By publishing User-Generated Content on your profile on the Website, you grant to the Company unrestricted, royalty-free, perpetual, and irrevocable rights to:
      • to archive, cache, crawl, host, index, modify, and store your User-Generated Content to appropriate media formats, standards or mediums as part of the services provided by the Company;
      • adapt, distribute, excerpt, modify, remix, reproduce, use, prepare derivative works of, publicly perform, and publicly display your User-Generated Content on the Website;
      • use your User Generated Content for advertising, promotional or commercial purposes, including, but not limited to, the right to publicly display, distribute, perform, and reproduce your User-Generated Content in any media format or medium and through any existing or future media channels;
      PLEASE NOTE: This does not include your audio and video files. Your music and videos are not hosted on the Website, they are hosted on SoundCloud and YouTube and Vimeo. All we store are links to your music and videos.
    6. By publishing User-Generated Content on your profile on the Website, you agree that such User-Generated Content may, at Company’s sole discretion, be posted on the main page of the Website.
    7. Any private messages submitted by you to other users through the Website will NOT be: (1) made publicly available without the permission of their authors; (2) used for any purposes except for sending the messages to the respective recipients;
  4. Support queries
    1. By using the Website, you agree that any support queries submitted by you through the Website will be handled by us through the website http://helpscout.net (hereinafter, referred to as "HelpScout").
  5. Google Places API
    1. The Website is developed with the Google Places API and/or Google Place Autocomplete. By using the Website, you agree to be bound by Google’s Terms of Service available on http://www.google.com/intl/en/policies/terms/ .
  6. Geographical data
    1. The Website uses geographical data from the geographical database "GeoNames" available on http://www.geonames.org/ . The geographical data provided by "GeoNames" is licensed under Creative Commons Attribution 3.0 License (http://creativecommons.org/licenses/by/3.0/).
  7. Newsletter
    1. If you would like to subscribe for our newsletter, you need to either create an account on the Website or use the "Sign up for email updates" functionality available on the Website.
    2. If you would like to unsubscribe from our newsletter, please use the unsubscribe link included in any newsletter submitted by the Company to you.
    3. By signing up for our newsletter, you agree that the newsletter will be delivered by MailChimp, which is a trading name of Rocket Science Group, LLC. Rocket Science Group, LLC is a limited liability company based in the United States.
  8. A license to use the Website
    1. Subject to the provisions in the Terms, the Company grants you a personal, nonexclusive, nontransferable, non-sublicenseable, limited license to use the Website.
  9. License restrictions
    1. Unless explicitly allowed in the Terms, you may not: (i) copy the User-Generated Content and Company’s Content; (ii) distribute the User-Generated Content and Company’s Content; (iii) adapt, translate, reverse engineer, make alterations, decompile, disassemble or make derivative works based on the User-Generated Content and Company’s Content; (iv) use, rent, loan, sub-license, lease, distribute or attempt to grant other rights to the User-Generated Content and Company’s Content to third parties.
  10. Ownership
    1. All Company’s Content featured or displayed in or through the Website and all trademarks, service marks and trade names of the Company included therein, are intellectual property of the Company, its licensors, vendors, agents and/or other content providers.
    2. All User-Generated Content is owned by their respective owners and the Company is not responsible in any manner for that content.
  11. Your warranty to the Company
    1. You represent and warrant that: (i) you have the authority to bind yourself to these Terms; (ii) you will use the Website only for purposes that are permitted by these Terms; (iii) your use of the Website will comply with all applicable laws; (iv) you are at least 13 years of age;
  12. Privacy
    1. By using the Website, you agree that the Company may collect and process your personal information. The Privacy Policy published on https://www.loudup.com/Privacy governs the collection, processing, and disclosure of your personal information in relation to the Website.
  13. Availability
    1. The Company will use reasonable efforts to make the Website available at all times. However, you acknowledge that the Website is provided over the Internet and so the quality and availability of the Website may be affected by factors outside our reasonable control.
    2. The Company does not accept any responsibility for unavailability of the Website due to bandwidth problems, equipment failure, or acts of God.
  14. Links
    1. The Website may contain links to other websites. The Company is not responsible for the content of those websites.
  15. Disclaimer of Warranties
    1. THE COMPANY IS LICENSING THE WEBSITE "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS." THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, RELIABILITY, TIMELINESS, AND ACCURACY, FOR ANY PURPOSE, OF THE WEBSITE. THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, REGARDING THE WEBSITE AND ITS OPERATION. THE COMPANY EXPRESSLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
  16. Limitation of Liability
    1. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR OTHER RELATED OR SIMILAR DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE CONNECTED WITH THE USE OF OR INABILITY TO USE THE WEBSITE, AND FOR ANY CAUSE OF ACTION, INCLUDING CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  17. Termination
    1. These Terms are effective until terminated.
    2. The Company may terminate the Terms at any time at its sole discretion by sending you an email or a message in the Website. Additionally, your rights under these Terms will terminate automatically if you fail to comply with any of the provisions contained in the Terms.
    3. Upon termination, all legal rights and licenses granted to you hereunder shall terminate immediately and you shall cease all use of the Website.
  18. Governing Law
    1. The Terms shall be governed by the laws of the United Kingdom. You irrevocably consent to the exclusive jurisdiction and venue of the courts in London, the United Kingdom for all disputes arising out of or relating to these Terms.
  19. Amendment of these Terms
    1. The Company reserves the right to modify or amend these Terms from time to time by sending you an email or a message in the Website. If you continue using the Website following the receipt of such an email or a message, you declare that you accept those changes.
  20. Last amendment
    1. These Terms have been last amended on 25th of January 2016.
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