Terms & Conditions

These Terms are the exclusive terms and conditions applicable to your use, as a Registered or Non-Registered User, of looperman.com.

Looperman Ltd, being a company incorporated in England (Company Number 12575092).

(“we” or “us”) may amend these Terms from time to time by posting the amended terms on https://www.looperman.com/help/terms. All amended terms shall automatically be effective as soon as they are posted on our site.

By ..

1. completing the registration process and clicking the “Register” button;

2. clicking to ‘accept’ these terms when logging in to the Website; or

3. by clicking to accept these terms or any updates or revisions to them at any location on the Website, Registered Users agree to be bound by all of the terms and conditions of these Terms and acknowledge that these Terms apply to all Content used or uploaded by such Registered User on the Website whether or not such Content was uploaded prior to or after the date of these Terms.

By using the Website, Non-Registered Users agree to be bound by all of the terms and conditions of these Terms.

Definitions

• “Content” means any user-generated content, including but not limited to Loops, Acapellas, Tracks, written text and images uploaded to or made available on the Website for any purpose.

• “Non-Registered User” means any individual or organisation accessing the Website that is not a Registered User.

• “Registered User” means any individual or organisation that has successfully registered and authorised an account with Looperman.

• “Terms” means these terms and conditions.

• “Website” means https://www.looperman.com/

Registration Obligations

As a condition of using the Website, you agree to:

1. provide true, accurate, current and complete information about yourself as prompted by the registration form; and

2. maintain and update this information to keep it true, accurate, current and complete. If any information provided by you on these forms is untrue, inaccurate, not current or incomplete, we have the right to terminate these Terms and refuse any and all current or future use of our services. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.

Offensive Content / Behavior

You agree to treat all Registered Users and Non-Registered Users with respect at all times. The posting of any Content that could be deemed offensive (including but not limited to images, text and audio) will not be tolerated and Content may be removed. Looperman personnel accept no responsibility for Content posted by users and do not monitor every post, upload, comment or Content on users’ profile pages. Each Registered User and Non-Registered User has the responsibility to report anything they feel is offensive and Looperman personnel will cast the final judgement on what action may or may not be taken, taking into account any applicable legal or regulatory requirements.

Misuse And Abuse Of Services

We strictly prohibit unauthorised access or downloading of data using any computer program including but not limited to downloaders, page scrapers, data mining, web scraping, and automated data extraction or remote protocols or technologies. You agree to not use any robot, spider, rover, scraper, or any other data mining technology or automatic or manual process to monitor, cache, frame, mask, extract data from, copy or distribute the Website or any Content or data subsisting therein (except as may be a result of standard search engine or internet browser usage).

Furthermore, it is prohibited for anyone to use our content for the training or improvement of any algorithm, whether automated or manual. This includes but is not limited to the utilization of our data for machine learning purposes or algorithmic development without explicit authorization.

Newsletters And Emails

As a Registered User of looperman.com, you may elect to receive an occasional newsletter from us. Our newsletter may contain information regarding updates to looperman.com, interesting articles, sponsored information and/or member offers from third parties. We will not pass on your contact details to any third parties and all email will be sent from looperman.com. Should you wish to not receive any contact from looperman.com you may at any time cancel your membership via the 'My Profile' section of the members area.

Links And Outside Content

We are not responsible for and make no warranties as to the safety of content contained on third-party websites, including such third-party website accessed by way of an embedded link on the Website.

Fees And Charges

Use of the website is FREE of charge unless otherwise stated.

License Grant

By uploading or providing Content in any way, you hereby grant to us a non-exclusive, worldwide, royalty-free, irrevocable licence to reproduce, distribute, publicly perform, publicly display, digitally perform and otherwise commercially exploit any Content made available on the Website in whole or in part both via the Website or any third party or external platform. For the avoidance of doubt, no ownership rights are granted to us in respect of any Content.

Representations And Warranties

You represent and warrant that:

1. any Content you upload is your own original work, and contains no material that has been sampled from copyrighted works belonging to third parties;

2. the Content you upload does not and will not infringe on any third party’s copyright, patent, trademark, trade secret or other proprietary rights;

3. the Content you upload does not and will not violate any law, statute, ordinance or regulation that may be applicable to you or us;

4. the Content you upload is not and will not be libellous, defamatory, pornographic or obscene;

5. the Content you upload does not and will not contain any viruses, Trojan horses, worms, time bombs or other programming routines that detrimentally interfere with, intercept or expropriate any system, data or personal information or have any negative, detrimental or passive effect on the Website;

6. save as otherwise provided in these Terms, you will not use the Website or any Looperman services for the promotion or advertising of any business services;

7. the Content you upload does not and will not create any liability on the part of Looperman, its subsidiaries, affiliates, successors, and assigns, and their respective employees, agents, directors, officers and/or shareholders; and

8. any Acapellas uploaded by you will consist of your voice only and no other individuals’ voices will be present on any such Acapella

9. you will not operate or own more than one registered account on the Website at any time.

Liability For Content

You acknowledge and agree that Looperman:

1. stores Content and other information at the direction, request and with the authorisation of Registered Users and Non-Registered Users;

2. acts merely as a passive conduit and/or host for the uploading, storage and distribution of such Content; and

3. plays no active role and gives no assistance in the presentation or use of the Content. You are solely responsible for all Content that you upload, post or distribute to, on, or through the Website, and to the extent permissible by law, Looperman excludes all liability with respect to all content (including your Content) and the activities of Registered Users and Non-Registered Users with respect thereto.

You acknowledge and agree that Looperman cannot and does not review the legality of Content created or uploaded or otherwise made available on its Website by its Registered Users and Non-Registered Users, and neither Looperman nor its subsidiaries, affiliates, successors, assigns, employees, personnel, contractors, agents, directors, officers and shareholders has any obligation, and does not undertake or assume any duty, to monitor the Website for Content that is inappropriate, that does or might infringe any third party rights, or that has otherwise been uploaded in breach of these terms of use or applicable law.

Looperman and its subsidiaries, affiliates, successors, assigns, employees, personnel, contractors, agents, directors, officers and shareholders hereby exclude, to the fullest extent permitted by law, any and all liability which may arise from any Content made available on its Website, including, but not limited to, any claims for the infringement of third-party intellectual property rights, rights of privacy or publicity rights, any claims relating to the publication of defamatory, pornographic, obscene or offensive material, or any claims relating to the completeness, accuracy, currency or reliability of any information provided by Registered Users or Non-Registered Users on the Website. By using the Website, you irrevocably waive the right to assert any claim with respect to any of the foregoing against Looperman or any of its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders.

Rights Granted By You When You Upload Content To The Loops Area

When you upload musical samples and loops (collectively and individually “Loops”, such term to include all sound recordings, musical compositions and lyrics therein) to the Loops area of the Website (“Loops Area”) you are granting Registered Users and Non-Registered Users the right to exploit the Loops solely as set out in the “Licence of rights in Loops” section of these Terms, below.

Loops uploaded by you to the Loops Area must be 100% owned by you, 100% your own original work and free for Registered Users to use in accordance with the terms and conditions of this section.

Licence of rights in Loops:

By uploading Loops to the Loops Area you grant to both Registered Users and Non-Registered Users a non-exclusive, non-transferable, royalty free licence to listen to the Loops in the Loops Area.

By uploading Loops to the Loops Area you grant to Registered Users, in addition to the rights granted in the preceding paragraph:

1. the non-exclusive, royalty free right to copy, reproduce, edit, adapt, modify, remix, use, incorporate and otherwise exploit the specified Loops in new and original recordings of new and original musical and/or lyrical compositions (collectively and individually “Derivative Works”); and

2. the right to (and authorise others to) register the copyright in the Derivative Works and copy, reproduce, edit, adapt, modify, remix, use and otherwise exploit the Derivative Works (and the Loops solely as they are embodied in the Derivative Works) in all formats and media (including in combination with other works such as, but not limited to, films, videos, computer games, commercials and other audio and/or audio-visual products and media) now known or hereafter invented throughout the world and the universe,

   (together, the “Registered Users’ Rights”)

in each case for the full period of copyright in the Loops (irrespective of whether or not the Loop is accessible on the Website) including any and all applicable renewals, revivals and extensions of copyright and thereafter to the extent possible in perpetuity without any further obligation (whether payment or otherwise) to you or any third party subject only to the restrictions set out below.

You irrevocably and unconditionally give all consents, and agree to waive and not to assert any moral rights, in connection with the exploitation by Registered Users and Non-Registered Users (pursuant to these Terms) of the Loops and Derivative Works.

The licences granted to Registered Users herein in respect of Loops are non-transferable, save that if you (being a Registered User) lawfully sell, transfer, assign or otherwise permit third parties to exploit Derivative Works, you shall procure that such third parties (and their respective licensees and assignees) shall comply with these Terms as if they were named in place of you (the Registered User), and you shall remain primarily liable to us for any such third parties’ non-conformance with these Terms.

Rights Granted By You When You Upload Content To The Acapellas Area

When you upload vocal samples and vocal loops (collectively and individually “Acapellas”, such term to include all sound recordings, musical compositions and lyrics therein) to the Acapellas area of the Website (“Acapellas Area”) you are granting Registered Users and Non-Registered Users the right to exploit the Acapallas solely as set out in the “Licence of rights in Acapallas” section of these Terms, below.

Acapellas uploaded by you to the Acapellas Area must be 100% owned by you, be recordings of your own voice, 100% your own original work and free for Registered Users to use in accordance with the terms and conditions of this section.

Licence of rights in Acapellas:

By uploading Acapellas to the Acapellas Area you grant to both Registered Users and Non-Registered Users a non-exclusive, non-transferable, royalty free licence to listen to the Acapellas in the Acapellas Area.

By uploading Acapellas to the Acapellas Area you grant to Registered Users, in addition to the rights granted in the preceding paragraph:

1. the non-exclusive, non-transferable, royalty free right to copy, reproduce, edit, adapt, modify, remix, use, incorporate and otherwise exploit the specified Acapellas in new and original recordings of new and original musical and/or lyrical compositions (collectively and individually “Derivative Works”); and

2. the right to use the Derivative Works (and the Acapellas solely as they are embodied in the Derivative Works) solely for the Registered User’s personal, non-commercial use* throughout the world and the universe,

   (together, the “Registered Users’ Rights”)

in each case for the full period of copyright in the Acapellas (irrespective of whether or not the Acapella is accessible on the Website) including any and all applicable renewals, revivals and extensions of copyright and thereafter to the extent possible in perpetuity without any further obligation (whether payment or otherwise) to you or any third-party subject only to the restrictions set out herein.

You irrevocably and unconditionally give all consents, and agree to waive and not to assert any moral rights, in connection with the exploitation by Registered Users and Non-Registered Users (pursuant to these Terms) of the Acapellas and Derivative Works.

*When you upload Acapellas you may specify what forms of ‘non-commercial’ or ‘commercial’ uses are permitted, for example whether a Registered User is permitted to make a Derivative Work (and any Acapellas as they are embodied in the Derivative Work) available on any social media, and if a credit is required for any such use.

The licences granted to Registered Users herein in respect of Acapellas are non-transferable, save that if you (being a Registered User) lawfully sell, transfer, assign or otherwise permit third parties to exploit Derivative Works, you shall procure that such third parties (and their respective licensees and assignees) shall comply with these Terms as if they were named in place of you (the Registered User), and you shall remain primarily liable to us for any such third parties’ non-conformance with these Terms.

Rights Granted By You When You Upload Content To The Tracks Area

When you upload music and instrumental tracks or mixes (collectively and individually “Tracks”, such term to include all sound recordings, musical compositions and lyrics therein) to the Tracks area of the Website (“Tracks Area”) you are granting Non-Registered Users a non-exclusive, non-transferable, royalty free licence solely to listen to the Tracks in the Tracks Area and Registered Users a non-exclusive, non-transferable, royalty free licence to listen to and download the Tracks in the Tracks Area for personal, non-commercial purposes.

Tracks uploaded by you to the Tracks Area must be 100% owned by you, 100% your own original work and free for Registered Users to listen to in accordance with the terms and conditions of this section.

Acknowledgment Of Rights

You acknowledge and agree that your rights to listen to, copy, reproduce, edit, adapt, modify, or otherwise exploit any Content uploaded to or shared on the Website are restricted to the licences respectively granted to you under these Terms. You acknowledge and agree that the licences granted to you under these Terms to exploit Content in any way are entered into exclusively between you and the Registered User that uploaded such Content. It is your responsibility to ensure that you have the appropriate rights and licences to exploit Content for your intended purposes. To the extent that the rights and licences granted to you under these Terms are not sufficient for the purposes for which you wish to exploit Content, it is your responsibility to obtain such rights and permissions from the relevant rights holder directly and Looperman shall have no responsibility in this respect.

All licences on the Website (whether granted by us or by a Registered User) are granted on a non-exclusive basis. If you use Content in a Derivative Work (be that in connection with Loops, Acapellas or otherwise), you do so on the understanding that such Content may be exploited in various forms including, without limitation, by the original Registered User that uploaded the Content as well as other Registered Users of Looperman. If you embody any Content in your own Derivative Work and your Derivative Work is registered with any third-party content identification system or service (for example and without limitation, with YouTube’s Content-ID), you will not make (or procure someone to make on your behalf) any content takedown requests, strikes or bring other legal action in connection with the Content embodied in your Derivative Work.

Any licences granted to Registered or Non-Registered Users under these Terms are subject to the rights of any relevant collection societies in respect of Content.

Breach Of Copyright

If you feel that Content found on the Website is in breach of copyright please refer to our Copyright Policy.

Breach Of Terms

Without limiting any remedies available to us in law or otherwise, we may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your account and refuse to provide our services or access to the Website to you:

1. if you breach these Terms;

2. if we are unable to verify or authenticate any information you provide to us;

3. if we believe that your actions may cause legal liability for you, our users (including Registered and Non-Registered Users) or customers or us; or

4. for any other reason that we may choose at our sole discretion.

We will in most cases give you a warning but hold the right to suspend, terminate, limit or delete your account or any part of at any time without warning, question or explanation for any reason we see fit.

Termination Or Limitation Of Services

Should your account be suspended or terminated, you may request that any remaining Content related to your account be removed and your account be deleted. With this said, and subject to the terms of our Privacy Policy and applicable law, we do not guarantee to remove any Content and will not be bound by any time restrictions for the removal of such Content.

In the event of the termination of your account for any reason, our obligations to you, and your rights as a Registered User, under these Terms will terminate. Notwithstanding the foregoing, and irrespective of whether you are a Registered or Unregistered User, your obligations under the following provisions shall survive any termination of your account or this Agreement,

1. Misuse and Abuse of Services;
2. Licence Grant;
3. Representations and Warranties;
4. Liability for Content;
5. Rights granted by you when you upload Content to the Acapellas Area;
6. Rights granted by you when you upload Content to the Loops Area;
7. Rights granted by you when you upload Content to the Tracks Area;
8. Limitation of Liability; and
9. Applicable Law.

Modifications Etc.

We reserve the right to modify or discontinue any or all parts of the Website to any individual or organisation, country or globally, temporarily or permanently, with or without notice to you.

Indemnification

You agree to indemnify us and hold any of our subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders harmless from any and all damages and costs of whatever form and including consequential losses, attorney fees and loss of profits, whether arising directly or indirectly out of or in connection with the Website, our services or these Terms.

Disclaimer Of Warranties

We provide our web site and services "As is" and exclude to the maximum extent permitted by law all warranties of any kind.

Limitation Of Liability

In no event shall we or any of our subsidiaries, affiliates, successors, assigns, employees, personnel, contractors, agents, directors, officers or shareholders be liable for loss or damage, including loss of profits, consequential or incidental losses, or any harm caused as a result of Website defects, computer viruses, or third party website links on the Website, whether arising directly or indirectly out of or in connection with your use of or inability to use the Website, our services or the Terms. Under no circumstances shall our liability to pay compensation under these Terms exceed £1.00.

Nothing in these Terms seeks to limit our liability for death, personal injury or fraud.

Notwithstanding the above, you listen to any audio recordings made available on the Website at your own risk. Extensive or prolonged listening to audio recordings at high volumes may result in hearing degradation or loss; please use the Website responsibly.

Severance

If any provision or part-provision of these Terms is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of these Terms.

Applicable Law

These Terms shall be governed in all respects by the laws of England and Wales.