The following terms and conditions, which include and hereby incorporate the Privacy Policy at www.loop.in/privacy (collectively, these “Terms of Use”) are a binding legal agreement between you and Loop Interactive, LLC its subsidiaries and affiliated companies (“Loop Interactive”) that govern your use of (i) the website located at www.loop.in (the “Site”), including the Loop Interactive service and other services, features and content accessible or downloadable from the Site, and (ii) any other Loop Interactive application, service or product licensed, downloaded or otherwise accessed by you through third party websites or sources ((i) and (ii) collectively, the “Service”). The Service is not intended for use by children under 13 years of age.
Please carefully read these Terms of Use, which affect your legal rights and obligations. By registering for an Account or otherwise using the Service, you represent that (1) you are age 13 or older, (2) you understand and agree to these Terms of Use, and (3) if you are between the ages of 13 and 18, your legal guardian has reviewed and agrees to these Terms of Use. IF YOU DO NOT UNDERSTAND OR DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE THE SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICE. USE OF THE SERVICE IS VOID WHERE PROHIBITED. To access the Service, you must register with Loop Interactive for an account (an “Account”).
Loop Interactive reserves the right to change or modify these Terms of Use at any time in its sole discretion. Any such change or modification will be effective immediately upon posting on the Service, and your continued use of the Service after any changes or modifications to these Terms of Use are posted will constitute your acceptance of and agreement to such changes or modifications. If you object to any change or modification, your sole recourse shall be to cease using the Service. YOU AGREE THAT LOOP INTERACTIVE SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY CHANGE OR MODIFICATION TO THESE TERMS OF USE. Except as may be expressly specified otherwise by Loop Interactive with respect to paid portions of the Service, Loop Interactive reserves the right to add, change, suspend or discontinue the Service, or any aspect or feature of the Service, without notice or liability.
Your use of the Service or portions of the Service may also be subject to the terms and conditions of one or more related third party agreements (“Third Party Agreements”), such as agreements governing your download of or access to applications that are part of the Service by means of a third party website or source. In the case of any conflict between any Third Party Agreement and these Terms of Use with respect to Loop Interactive or any aspect of the Service, these Terms of Use will control.
Loop Interactive hereby grants you permission to use the Service, provided that: (i) your use of the Service as permitted is solely for your personal use, and you are not permitted to resell or charge others for use of or access to the Service, or in any other manner inconsistent with these Terms of Service; (ii) you will not transfer, give access to, copy or distribute any part of the Service; (iii) you will not attempt to reverse engineer, alter or modify any part of the Service; and (iv) you will otherwise comply with the terms and conditions of these Terms of Use. You also may be required to otherwise provide information about yourself in order to use the Service. You agree to: (i) provide true, accurate, current and complete information about yourself as prompted by the Service and (ii) maintain and promptly update such data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, incomplete or not current, Loop Interactive has the right to suspend or terminate your Account and refuse any and all current or future use of the Service by you. Each device on which a user accesses the Service must embed a mobile operating system. You may not sell, trade, or otherwise transfer or assign your Account to another party, except as expressly provided in these Terms of Use. You are responsible for maintaining the confidentiality of your password and Account and agree not to provide your login information to any other party. You are fully responsible for all activities that occur under your password or Account with or without your knowledge. You agree to immediately notify Loop Interactive of any unauthorized use of your password or Account or any other breach of security.
You understand and agree that to access and use the features of the Service, you will have to provide Loop Interactive with your mobile phone number. You also understand and agree that in order to provide the Service, Loop Interactive may periodically access your contact list and/or address book on your mobile device to find and keep track of mobile phone numbers of other users of the Service. You hereby give your consent to Loop Interactive to access your contact list and/or address book for mobile phone numbers in order to provide and use the Service. We currently collect names and mobile phone numbers, and may collect physical and email addresses. You are solely responsible for the status messages that you submit and that are displayed for your mobile phone number on the Service. You must notify Loop Interactive immediately of any breach of security or unauthorized use of your mobile phone. Although Loop Interactive will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Loop Interactive or others due to such unauthorized use.
The design and all content of the Service – except for “User Content” (as defined below) --, including but not limited to text, scripts, graphics, interactive features and trademarks, service marks and logos (collectively, "Marks") appearing on the Service (collectively, “Loop Interactive Intellectual Property”), are owned by or licensed to Loop Interactive and are subject to copyright, trademark and other intellectual property laws of the United States and other countries. You agree that except for the limited permissions and rights expressly granted to you in these Terms of Use, you shall have no right to use, copy or otherwise access the Loop Interactive Intellectual Property for any purpose. You also agree not to use, copy, or distribution of User Content of third parties for any commercial purpose. The Service is only for your personal, non-commercial use. Loop Interactive hereby reserves all rights in and to the Service that are not expressly granted to you in these Terms of Use.
The design and all content of the Service except for User Content (as defined below) --, including but not limited to text, scripts, graphics, interactive features and trademarks, service marks and logos (collectively, "Marks") appearing on the Service (collectively, Loop Interactive Intellectual Property ), are owned by or licensed to Loop Interactive and are subject to copyright, trademark and other intellectual property laws of the United States and other countries. You agree that except for the limited permissions and rights expressly granted to you in these Terms of Use, you shall have no right to use, copy or otherwise access the Loop Interactive Intellectual Property for any purpose. You also agree not to use, copy, or distribution of User Content of third parties for any commercial purpose. The Service is only for your personal, non-commercial use. Loop Interactive hereby reserves all rights in and to the Service that are not expressly granted to you in these Terms of Use.
The Service allows users to submit status text, profile photos and other communications such as photos, voice messages, stickers, doodles/drawings, geo-location, music and videos (collectively, the "User Content"). User Content may be hosted, shared, and/or published as part of the Service, and may be visible to other users of the Service with whom you are in a chat session or who have your mobile phone number in their mobile phone and which you have not expressly blocked. You acknowledge and agree that all User Content that you submit may be globally viewed by users that have your mobile phone number or with whom you are in a chat session. User Content that you make available in connection with the Service is referred to herein as “Your Content.” You agree that Your Content is not confidential. You further agree that Your Content will not be returned to you. You represent and warrant that (a) Your Content is wholly original to you and that you exclusively own the rights to Your Content, or (b) you have all necessary rights in and to Your Content to use in connection with the Service, including the right to grant all of the rights and licenses in these Terms of Use without Loop Interactive incurring any third party obligations or liability arising out of its exercise of such rights and licenses. Loop Interactive does not claim any ownership rights in Your Content and nothing in these Terms of Use will be deemed to restrict any rights that you may have to use and exploit Your Content. You hereby grant to Loop Interactive a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, (with the right to sublicense), to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit Your Content via the Service or otherwise. You also grant to Loop Interactive the right to sublicense and authorize others to exercise any of the rights granted to Loop Interactive under these Terms of Use. You further perpetually and irrevocably grant Loop Interactive the unconditional right to use and exploit your name, persona and likeness included in any User Content and in connection with any User Content, without any obligation to you. Except as prohibited by law, you waive any rights of attribution and/or any so-called moral rights you may have in Your Content, regardless whether Your Content is altered or changed in a manner not agreeable to you. Loop Interactive has no obligation to monitor or enforce your intellectual property rights in or to Your Content.
You also agree not to:
Loop Interactive expressly disclaims any and all liability in connection with User Content.
Loop Interactive reserves the right to remove User Content without prior notice. Loop Interactive also reserves the right to decide whether User Content is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to excessive length or limited interest. Loop Interactive may remove such User Content and/or terminate a User's access for uploading such material in violation of these Terms of Use at any time, without prior notice and at its sole discretion. Loop Interactive does not permit copyright infringing activities and infringement of intellectual property rights via the Service, and Loop Interactive will remove User Content or other content if properly notified that such content infringes on another's intellectual property rights. To file a copyright infringement notification, please send a written communication to support@loop.in that includes substantially the following (see Section 512(c)(3) of the Digital Millennium Copyright Act): (i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) 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; (iii) 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 the service provider to locate the material, including the mobile phone number of the Loop Interactive user allegedly infringing the copyrighted work; (iv) Information reasonably sufficient to permit the service provider 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; (v) 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 (vi) 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.
You understand that when using the Service you may be exposed to User Content from a variety of sources. Loop Interactive is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Content. You further understand and agree that you may be exposed to User Content that is offensive, indecent, inaccurate or objectionable. You hereby waive all rights and remedies you have or may have against Loop Interactive related to User Content.
These Terms of Use will remain effective until terminated by either party. You may terminate these Terms of Use at any time and for any reason by (a) sending an email to support@loop.in notifying Loop Interactive of your termination, (b) deleting or otherwise destroying all Service-related materials and (c) ceasing use of the Service. Loop Interactive may terminate these Terms of Use, your Account and your access to the Service (or, at Loop Interactive’s sole option, applicable portions of the Service) at any time and for any reason. Loop Interactive may, at its option and in its sole discretion, precede any such termination by issuing you a warning or other notice, such as upon your violation of these Terms of Use. However, you acknowledge that Loop Interactive is not required to provide you with any such notice or warning prior to any such termination under this Section. In addition, Loop Interactive may notify authorities or take any actions it deems appropriate (including without limitation suspending your Account and your access to the Service), without notice to you if Loop Interactive suspects or determines that you may have (i) failed to comply with any provision of these Terms of Use or any policies or rules established by Loop Interactive; or (ii) engaged in actions relating to or in the course of using the Service that may be illegal or cause liability, harm, embarrassment, harassment, abuse or disruption for you, Loop Interactive, any third parties or the Service itself. You may, as the result of termination, lose your Account and all information and data associated therewith, including without limitation your usernames, avatars, in-application characters and achievements, virtual currency and virtual goods, as applicable. You acknowledge and agree that upon any termination permitted under these Terms of Use for any reason, whether by you or Loop Interactive, you will not be entitled to and Loop Interactive will not be liable to you or any third party for any refund, reimbursement or other liability. If Loop Interactive terminates your Account, you may not participate in the Service or any other Loop Interactive service without Loop Interactive’s express written permission. To request permission for post-termination participation in a Loop Interactive service, email support@loop.in. Loop Interactive reserves the right to refuse to keep Accounts for, and provide Loop Interactive services to, any individual. You shall not allow individuals whose Accounts have been terminated by Loop Interactive to use your Account.
You are solely responsible for your interaction with other users of the Service and other parties that you come in contact with through the Service. Loop Interactive hereby disclaims any and all liability to you or any third party relating to your use of the Service. You will cooperate fully with Loop Interactive to investigate any suspected unlawful, fraudulent or improper activity, including, without limitation, granting Loop Interactive access to any password-protected portions of your Account. Loop Interactive reserves the right, but has no obligation, to monitor and manage disputes between you and other users of the Service.
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND THAT THE SERVICE IS PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTY OF ANY KIND. THE LOOP INTERACTIVE PARTIES (AS DEFINED BELOW) HEREBY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SERVICE, THE SERVICE MATERIALS AND ANY AND ALL USER CONTENT, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE LOOP INTERACTIVE PARTIES MAKE NO WARRANTY THAT (a) THE SERVICE WILL MEET YOUR REQUIREMENTS OR THE SERVICE MATERIALS OR USER CONTENT WILL BE VIEWABLE TO YOU; (b) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT ERRORS WILL BE CORRECTED; OR (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR ANY SERVICE MATERIALS OR USER CONTENT WILL BE ACCURATE OR RELIABLE. THE “LOOP INTERACTIVE PARTIES” ARE COMPRISED OF LOOP INTERACTIVE AND ITS AFFILIATES AND SUBSIDIARIES, AND EACH OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS. UNDER NO CIRCUMSTANCES SHALL THE LOOP INTERACTIVE PARTIES BE RESPONSIBLE OR LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES, LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OF USE OR THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY LOOP INTERACTIVE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that Loop Interactive or any other Loop Interactive Party may not, as a matter of applicable law, disclaim any warranty or limit its liability as set forth herein, the scope and duration of such warranty and the extent of Loop Interactive’s and such Loop Interactive Party’s liability shall be the minimum permitted under such applicable law.
The Service may contain links to third-party websites or resources. You acknowledge and agree that Loop Interactive is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Loop Interactive of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. Loop Interactive may remove any links at any time for any reason or for no reason.
You agree to indemnify, defend and hold the Loop Interactive Parties harmless from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees and court costs) made by a third party due to or arising from (1) information in your Account and any information you (or anyone accessing the Service using your password) submit, post or transmit through the Service, (2) your (or anyone accessing the Service using your password) use of the Service, (3) your (or anyone accessing the Service using your password) violation of these Terms of Use or any applicable Additional Terms of Use or Third Party Agreements, and (4) your (or anyone accessing the Service using your password) violation of any rights of any other person or entity.
These Terms of Use and any action related thereto or to the Service will be governed by the laws of the State of California without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms of Use will be the state and federal courts located in the Northern District of California, and each of the parties hereto waives any objection to jurisdiction and venue in such courts. The parties specifically disclaim application of the United Nations Convention on Contracts for the International Sale of Goods. You acknowledge that the rights granted and obligations made to Loop Interactive under these Terms of Use are of a unique and irreplaceable nature, the loss of which may result in immediate and irreparable harm to Loop Interactive for which remedies at law are inadequate. Loop Interactive shall therefore be entitled to seek injunctive or other equitable relief (without the obligation to post any bond or surety) in the event of any breach or anticipatory breach by you. You irrevocably waive all rights to seek injunctive or other equitable relief.
You agree to be responsible for obtaining and maintaining all telephone, computer hardware mobile devices and other equipment needed for access to and use of the Service, and all charges related thereto. Loop Interactive operates and controls the Service from its offices in the United States. Loop Interactive makes no representation that the Service is appropriate or available in other locations. The information and materials provided on the Service are not intended for distribution to or use by any person or entity in any jurisdiction where such distribution or use would be contrary to law or regulation or which would subject Loop Interactive to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Service from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. Portions of the Service may be subject to United States export controls. You agree to comply with such export controls, as well as similar such controls in any applicable jurisdiction. Without limiting the foregoing, you agree that no software from the Service may be downloaded, exported or re-exported (a) into (or to a national or resident of) Cuba, Iraq, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading any software or applicable portion of the Service, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list. You agree that no joint venture, partnership, employment or agency relationship exists between you and Loop Interactive as a result of these Terms of Use or your use of the Service. These Terms of Use constitute the entire agreement between you and Loop Interactive with respect to your use of the Service and any other subject matter hereof and cannot be changed or modified by you except as expressly posted on the Service by Loop Interactive. The failure of Loop Interactive to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision, and no waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Use shall remain in full force and effect. Neither the course of conduct between the parties nor trade practice will act to modify these Terms of Use. These Terms of Use may not be assigned by you without Loop Interactive's prior written consent, but are freely assignable by Loop Interactive. The section headings used herein are for convenience only and shall not be given any legal import. Upon Loop Interactive's request, you will furnish Loop Interactive any documentation, substantiation or releases necessary to verify your compliance with these Terms of Use. You agree that these Terms of Use will not be construed against Loop Interactive by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use. You agree that the following sections of these Terms of Use will survive any termination of these Terms of Use, your Account or the Service: Section G (Intellectual Property Rights), Section H (User Content and Your Content), Section I (Copyright Policy), Section J (Waiver of Actions Related to User Content), Section K (Termination), Section L (Disputes with Others), Section M (Disclaimers of Warranties and Damages, Limitations of Liability), Section O (Indemnification), Section P (Governing Law and Remedies and Section Q (Miscellaneous).
For all correspondence, please email us at support@loop.in.
2014 Loop Interactive, Inc.