TERMS OF SERVICE

BY USING THE SERVICES OF LOOP COMMUNITY, YOU (ALSO REFERRED TO HEREINAFTER AS “USER” OR “USERS”) ARE ACKNOWLEDGING THAT YOU HAVE READ AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT ACCEPT THESE TERMS OF SERVICE IN it ENTIRETY, YOU MAY NOT ACCESS OR USE THE SERVICES OF LOOPCOMMUNITY.COM.

YOU ALSO AGREE THAT YOU WILL NOT USE THE SITE OR SERVICES TO TRANSMIT, ROUTE, PROVIDE CONNECTIONS TO OR STORE ANY MATERIAL THAT INFRINGES COPYRIGHTED WORKS OR OTHERWISE VIOLATES OR PROMOTES THE VIOLATION OF THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY.

Loop Community is a service which provides users with an Internet platform, electronic tools, features and services enabling users to share, distribute, and discover music and other media content with other users of Loop Community’s website and services.  Loop Community is operated by OmniSonic Media Group LLC, an Illinois limited liability company.  

 

Content Supply Agreement

Users exchange audio files using Loop Community in order to collaborate and promote the exchange of audio content between community members. Loop Community strongly believes in the right of individuals to maintain control over their creative work-products.

Loop Community does not claim any rights, other than those outlined in this Terms of Service, to or in the files that are uploaded and exchanged via Loop Community’s website or services.

All users must comply with all applicable national and international copyright and similar laws and must not infringe on the rights of others.

Users agree not to exchange files or content that is copyrighted by parties other than the users exchanging files, unless appropriate licensing has been secured prior to uploading content to the site. Loop Community reserves the right to suspend or otherwise terminate file or content it believes infringe on rights of others under copyright law or other applicable law.

An individual’s right to his or her original creative content is important to Loop Community. Loop Community believes strongly in the right of musicians and other creative professionals to protect their work. Please see the section titled “Copyright Complaints” if you believe that audio or other material has been uploaded or downloaded illegally using the Site.

By uploading files to Loop Community and to other publicly accessible areas of the website (including user profiles), users grant Loop Community worldwide, royalty-free non-exclusive perpetual license(s) to use in any manner in connection with the website, the operation of the website, and in any connection with Loop Community’s business. Any payments made to users by Loop Community for content supplied to the site, so long as you maintain an active account, are governed by the terms of our Content Supply Agreement and any additional terms agreeded to at time of content upload.

YOU AGREE TO INDEMNIFY AND HOLD LOOP COMMUNITY, ITS SUBSIDIARIES AND AFFILIATES, AND EACH OF THEIR OWNERS, DIRECTORS, OFFICERS, AGENTS, CONTRACTORS, PARTNERS, JOINT VENTURES AND EMPLOYEES, HARMLESS FROM AND AGAINST ANY LOSS, LIABILITY, CLAIM, OR DEMAND, INCLUDING REASONABLE ATTORNEY’S FEES, ARISING OUT OF ANY CLAIM, ACTION, INVESTIGATION OR PROCEEDING MADE OR INSTITUTED BY ANY THIRD PARTY BASED ON COPYRIGHT INFRINGEMENT DUE TO OR ARISING OUT OF YOUR USE OF THE WEBSITE (INCLUDING, BUT NOT LIMITED TO THE SERVICES, USER VISITS TO OR USE OF THE WEBSITE) IN VIOLATION OF THESE TERMS OF SERVICE OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.

Copyright Policy

Loop Community respects authors’ and content holders’ rights. Therefore, it is Loop Community’s policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (the “DMCA”). Loop Community may promptly terminate or suspend without notice any user’s access to the website if that user is determined by Loop Community to have infringed the rights of copyright holders.

If you believe that any material on the website violates any copyright or similar right which you own or control, you may send a written notification of such infringement to our Designated Agent by filling out this form (link to web form with fields from below):

Name of Agent Designated to Receive Notification of Claimed Infringement: Joe Agnello

Full Address of Designated Agent to Which Notification Should be sent: 651 Sutton Rd., #255, Streamwood, IL 60107

E-Mail Address of Designated Agent: agnellolaw@yahoo.com

To meet the notice requirements under the DMCA, the notification must consist of a written communication that includes the following:

A. A physical or electronic signature of a 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.

 

Content License

PLEASE READ THIS LICENSE AGREEMENT (“LICENSE”) CAREFULLY BEFORE USING ANY LOOP COMMUNITY CONTENT. BY PURCHASING AND OPENING A LOOP COMMUNITY FILE OF ANY TYPE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT PURCHASE OR USE LOOP COMMUNITY PREMIUM CONTENT. IF YOU DO NOT AGREE TO THE TERMS OF THE LICENSE, YOU MUST NOT PURCHASE LOOP CONTENT AS ALL SALES ARE FINAL AND NON-REFUNDABLE.

All our tracks are professional backing music. They are not original songs, karaoke tracks or music from the original songs. No samples are used from the original recordings. We do not produce note for note "carbon copies" of the original recordings. We produce arrangements which are "based on" and "in the style" of the original songs. Each track is produced by our own musicians or Loop Community members and arranged to best suit professional singers performing in a live/on stage environment. All tracks are non-refundable because of their digital nature.

You acknowledge and agree that your use of Loop Community does not grant you, in any manner or form, a licence to any copyright protected content a Loop Community track or session file may accompany. You are granted a non-exclusive, revocable, non-transferable and limited license to use Loop Community Content strictly for use in your live performances only. You also acknowledge and agree that you shall be solely responsible for obtaining and maintaining all appropriate licenses and for paying any music license fees, if any, incurred as a result of your live performance use of any copyright protected recording and/or the song Loop Community loops may accompany. Further, you acknowledge and agree that if you are required, under applicable law, to have a public performance license for your live performance use of any copyright protected work and/or the song accompanied by one of Loop Community’s recordings, then you shall be solely responsible for obtaining and maintaining such public performance licenses from the applicable performance rights societies (including, without limitation, to ASCAP, BMI, CCLI and/or SESAC) and for paying any music license fees, if any, incurred as a result of your live performance use of copyright protected material accompanied by one of Loop Community’s recordings.

You shall not have the right to any additional uses of a Loop Community recording, such as audio or video recording of your live performances, without obtaining the prior express written consent from Loop Community. You shall not make, use, and/or distribute any ancillary products based upon and/or using a Loop Community recording in any manner (including, without limitation, any physical such as any CD or DVD or electronic or digital copies [such as via internet streaming or digital download] of your live performance of the recording), without securing the prior express written consent of Loop Community.

You also acknowledge and agree as follows: (1) all content provided through the service embodies the intellectual property of Loop Community, is protected by law and is provided solely for your personal and non-commercial use, and that any and all copying of this recording is expressly prohibited; (2) that redistribution, reproduction, transmission, communication, sale, use, broadcast, public performance, rental or lending, adaptation, sub-license or other use of the content provided through the service, in whole or in part, without the prior written consent of Loop Community is strictly prohibited; and (3) that the content owner of a recording (Loop Community) hereby reserves all rights in law and in equity.

 

Indemnification and Warrantees

Your use of the service is at your sole risk. The service is provided on an “as is” and “as available” basis.

We do not warrant the service will be secure, error free or uninterrupted. We are not responsible for any loss of data on our servers.

Users agree to indemnify and hold harmless Loop Community (and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees) from any and all claims, damages, liabilities, costs, and expenses (including, but not limited to, reasonable attorneys' fees and all related costs and expenses) incurred by Loop Community as a result of any claim, judgment, or adjudication against Loop Community related to or arising from (a) any photographs, illustrations, graphics, audio clips, video clips, text, data or any other information, content, display, or material (whether written, graphic, sound, or otherwise) provided by Client to Loop Community (the "Client Content"), or (b) a claim that Loop Community's use of the Client Content infringes the Intellectual Property rights of a third party.

THIRD-PARTY DISCLAIMER. LOOP COMMUNITY MAKES NO WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH REGARD TO ANY THIRD-PARTY PRODUCTS, THIRD-PARTY CONTENT OR ANY SOFTWARE, EQUIPMENT, SERVICE, OR HARDWARE OBTAINED FROM THIRD PARTIES.

 

Limitation of Liability

IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER OR ANY THIRD PARTY FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR CONNECTED IN ANY WAY WITH THIS AGREEMENT OR THE WEB SITE, OR FOR ANY CLAIM BY ANY THIRD PARTY. THE TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) TO THE OTHER SHALL NOT EXCEED THE PREMIUM LOOP PURCHASE FEE. THIS LIMITATION OF LIABILITY SHALL APPLY EVEN IF THE EXPRESS WARRANTIES SET FORTH ABOVE FAIL IN THEIR ESSENTIAL PURPOSE.

 

Miscellaneous

If a breach of these terms results in damages or costs to Loop Community, they will be billed to the User (including but not limited to: data transfer, storage space, legal costs.)
Nothing herein contained shall be construed as in any way constituting a partnership between Loop Community and the User, or be construed to evidence the intention to constitute such a legal relationship.

If for any reason any provision of these terms of service shall conflict with any statute, law, regulation or ordinance, then in such event the provision in question shall be modified only to the extent necessary to bring it within such requirements, and (as modified) these terms of service shall continue in full force and effect.

No waiver by Loop Community hereto of any breach by the user hereto of any provision of these terms of service shall be deemed a waiver of any other breach of the same or any other provision of these terms of service.

These terms of service are governed by and construed in accordance with the State of Illinois, and are applicable to all international users including the UK and the USA.

If any part or parts of this Agreement shall be held unenforceable for any reason, the remainder of this Lease shall continue in full force and effect.  If any provision of this Lease is deemed invalid or unenforceable by any court of competent jurisdiction, and if limiting such provision would make the provision valid, then such provision shall be deemed to be construed as so limited.

 

Privacy Policy

Clients have their billing address and full name stored. This information is not shared with any other organization unless we have your approval, or the information is required to investigate or prevent illegal activities, fraud, or violation of our terms of service.
We will not contact you after your account has expired for 30 days. To access the service, an electronic cookie with a unique identifier is required. Loopcommunity.com will store a uniquely-identified cookie on your local system. This cookie will not contain any personally-identifiable information; nor will it be disclosed to any third parties.

Loopcommunity reserves the right to modify these terms at any time without notification, and users agree to be bound by any and all modifications. For questions about the terms, contact support@loopcommunity.com. These ToS can be found online at http://www.loopcommunity.com/content/terms-of-service/

Delivery/Shipping All Loop Community content is delivered electronically via HTTP download. Before making any purchase, ensure that your system is capable of receiving downloads and you have the capacity to use the files. No refunds will be issued for purchases - it is your responsibility to ensure that you can download and access our files.

Credit Card Charges Purchases made at Loop Community will be billed from Onmisonic Media Group LLC.