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Terms and conditions

This web page represents a legal document that serves as our Terms and Conditions and it governs the legal terms of our website, www.Loopcast.fm, sub-domains, and any associated web-based and mobile applications (collectively, "Website"), as owned and operated by Loopcast Ltd

Capitalized terms, unless otherwise defined, have the meaning specified within the Definitions section below. This Terms and Conditions, along with our Privacy Policy, any mobile license agreement, and other posted guidelines within our Website, collectively "Legal Terms", constitute the entire and only agreement between you and Loopcast Ltd, and supersede all other agreements, representations, warranties and understandings with respect to our Website and the subject matter contained herein. We may amend our Legal Terms at any time without specific notice to you. The latest copies of our Legal Terms will be posted on our Website, and you should review all Legal Terms prior to using our Website. After any revisions to our Legal Terms are posted, you agree to be bound to any such changes to them. Therefore, it is important for you to periodically review our Legal Terms to make sure you still agree to them.

By using our Website, you agree to fully comply with and be bound by our Legal Terms. Please review them carefully. If you do not accept our Legal Terms, do not access and use our Website. If you have already accessed our Website and do not accept our Legal Terms, you should immediately discontinue use of our Website.

The last update to our Terms and Conditions was posted on 02 July 2013.

Definitions (Interpretation)

The terms "us" or "we" or "our" refers to Loopcast Ltd, the owner of the Website.

A "Visitor" is someone who merely browses our Website, but has not registered as Member.

A "Member" is an individual that has registered with us to use our Service.

Our "Service" represents the collective functionality and features as offered through our Website to our Members.

A "User" is a collective identifier that refers to either a Visitor or a Member.

All text, information, graphics, audio, video, and data offered through our Website are collectively known as our "Content".

“Live streaming” refers to delivering live audio to end consumers on our service.

Legal Compliance

You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our Website. Loopcast Ltd reserves the right to investigate complaints or reported violations of our Legal Terms and to take any action we deem appropriate, including but not limited to cancelling your Member account, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information, as allowed under our Privacy Policy.

Intellectual Property

The content of this site, including, all code, designs, text, graphics, databases, logos, domain names, trade names, service marks are protected by copyrights, trademark rights, database rights and other proprietary rights, and are exclusively reserved to the right holders. The copying, redistribution, use or publication by you of any portion of our Website is strictly prohibited. Your use of our Website does not grant you ownership rights of any kind in our Website.

Links to Other Websites

Our Website may contain links to third party websites. These links are provided solely as a convenience to you. By linking to these websites, we do not create or have an affiliation with, or sponsor such third party websites. The inclusion of links within our Website does not constitute any endorsement, guarantee, warranty, or recommendation of such third party websites. Loopcast Ltd has no control over the legal documents and privacy practices of third party websites; as such, you access any such third party websites at your own risk.

General Terms

Our Legal Terms shall be treated as though it were executed and performed in United Kingdom and shall be governed by and construed in accordance with the laws of United Kingdom without regard to conflict of law principles. In addition, you agree to submit to the personal jurisdiction and venue of such courts. Any cause of action by you with respect to our Website, must be instituted within one (1) year after the cause of action arose or be forever waived and barred. Should any part of our Legal Terms be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that any Content in our Website conflicts or is inconsistent with our Legal Terms, our Legal Terms shall take precedence. Our failure to enforce any provision of our Legal Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision. The rights of Loopcast Ltd under our Legal Terms shall survive the termination of our Legal Terms.

User Content Rights:

You hereby warrant and undertake with Loopcast Ltd as follows:

(i) That you own or control the entire copyright in any material which is being publicly performed or stored on Loopcast Ltd and/or you have obtained all necessary licenses, consents, rights or permission from the rights holder.

(ii)That the content you broadcast on our site, or otherwise upload, store or host on the site, including but not limited to recorded music, status updates, comments, photos, is not and will not be unlawful, offensive, abusive, libellous, defamatory, obscene, racist, sexually explicit, ethnically or culturally offensive, indecent, and will not raise violence, terrorism, or illegal acts, or incite hatred on grounds of race, gender, religion or sexual orientation

Any audio, text, comments, photos, data or other content you upload, store, or make available to the public via our service is generated and controlled solely by you and not by Loopcast Ltd and you hereby agree that your content remains your sole responsibility

We reserve the right to remove any content, which may be in breach with the terms above.

Indemnification

You hereby agree to indemnify us from and against all third party claims, losses, damages, costs, liabilities and expenses, including reasonable attorneys’ fees, as a result of:

(i) Any violation by you of these Terms of Use or
(ii) Any third party claim of infringement of intellectual property rights, which may incur from your use of our site when broadcasting or store “recorded music”.

Unauthorised use of copyrighted material shall not be the responsibility of Loopcast Ltd and there shall be no license fees or royalties payable to third parties due to such use.

Report Copyright Infringement

If you believe any of your copyrighted work (Or the work of any user you are entitled to act for) is being performed, stored, copied or used in a way that constitutes copyright infringement of your intellectual property, please provide a written notice stating the following information;

(i) Identification of the work
(ii) A link to the work if being stored on our platform
(iii) Proof that you are the copyright holder of the work which is being infringed or that you are entitled to act for the rights holder

Premium and Pro Accounts

On Loopcast Ltd you have the option to upgrade to either a premium or pro account. As soon as you have upgraded your account we will send you an email to confirm your account upgrade and you will be able to start using the premium features right away. For a detailed list of premium content and pricing plans click here.

Term and Renewal

By choosing a monthly payment option, your premium or pro account payment will recur at the end of each monthly period until you decide to terminate your subscription, which you can do at any time under your settings page on the website.

If you choose to cancel your account, your subscription will be active up until the end of your paid period.

Annual accounts run for twelve months from the date you choose to upgrade your account.