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Effective as of December 12, 2013.
Hi! Please take the time to read the following information carefully. It’s very important you do so because the terms and conditions contained within this End User License Agreement (the “EULA”) affect your legal rights, as well as govern your present and continued access to and use of Indiloop’s website, services and software applications (collectively, the “Services”). Ready?
If you don’t agree with these Terms, or any of the additional terms or conditions incorporated into the EULA by reference, please immediately cease using Indiloop’s Services.
To accept this EULA and to access, use and/or download the Services, you must be, and you represent and warrant that you are, at least nineteen (19) years of age. If you are under the age of nineteen (19), your parent or legal guardian is responsible for your use of the Services and will be deemed to have unconditionally accepted the terms and conditions of this EULA on your behalf.
You also represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
3. Changes to the EULA
Occasionally, we may need to make changes to our Services. As such, Indiloop reserves the right to amend the EULA at any time, in its sole discretion, without prior notice to you. You acknowledge that by continuing to use the Services after the date on which such amendments are made, you will be deemed to have unconditionally agreed to any such amendments to the EULA. If you do not agree to the amended terms and conditions, as applicable, you shall immediately cease using Indiloop’s Services.
YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT YOU SHALL BE RESPONSIBLE FOR PERIODICALLY REVIEWING THE AMENDMENTS TO THIS EULA, AND THAT YOU ARE DEEMED TO BE AWARE OF SUCH AMENDMENTS WITHOUT ANY PRIOR NOTICE OR FURTHER OBLIGATION REQUIRED TO BE TAKEN BY INDILOOP IN THIS REGARD.
No supplement, modification or amendment to the EULA and no waiver of any rights granted to Indiloop under the EULA shall be valid or binding on Indiloop, unless executed by Indiloop in writing. No waiver of any of the provisions of the EULA shall be deemed to constitute a waiver of any other provision, whether or not similar in nature, nor shall such waiver constitute a continuing waiver unless expressly provided in writing.
4. Description of Services
Indiloop’s Services are intended to allow you as the User to access, mix, share, play, and have fun with the licensed audio tracks (“Stems”), licensed audio and sound recordings (“Licensed Recordings”), the musical works embodied in the Licensed Recordings and the Stems (“Song(s)”) (collectively, the “Licensed Material”), and/or other existing musical works. As the User, you understand that the Services are consumer-facing products that are in no way intended to be used as substitutions for professional-grade musical editing software programs or applications, and you further agree that you will not use the Services in a professional or commercial capacity.
5. License & Assignment
Indiloop hereby grants to you a non-exclusive, royalty-free, non-transferable, and revocable license to access and make personal, non-commercial use of the Services (the "License"). The License is granted exclusively in relation to your access, use and download of the Services on pre-approved platforms and devices, including without limitation, Apple’s iPhone, iPad, and iPod Touch.
Indiloop may assign any or all of its rights under this EULA without restrictions or prior notice to you. You may not assign your rights under this EULA, or any part of them, nor transfer or sublicense your rights under this EULA, to any third party.
6. Ownership; Proprietary Rights
The Services are fully owned and operated by Indiloop. You acknowledge that the content, visual interfaces, web pages, interactive features, information, graphics, design, compilation, data, databases, tables, computer programs, source code, products, software, and all other elements of the Services that are provided by Indiloop (the "Indiloop Content") are protected by Canadian copyright, industrial design, trade-mark and patent laws, related international intellectual property treaties and conventions, and all other applicable laws. Indiloop Content does not include User Generated Content, as defined below. All trade-marks, logos, service marks, trade names and domain names contained in the Indiloop Content or on the Services are proprietary to Indiloop, its subsidiaries or affiliated companies, and/or third party licensors.
You acknowledge that the Services are licensed and not sold to you and that, except as expressly authorized by Indiloop, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create transformative works from, or otherwise make unauthorized use of the Indiloop Content, whether for commercial or personal use. Indiloop reserves all proprietary rights not expressly granted in this EULA. You shall not acquire any right, title or interest in the Indiloop Content or Services, except for the limited rights set forth in these Terms.
You further acknowledge that in the event of any third party claim that the Services or your possession and use of the Services infringes that third party’s intellectual property rights, Indiloop, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
7. User Generated Content
The Services may now or in the future permit the submission and posting or linking of usernames, commentary, media, or any other content (including existing musical works uploaded to the Services by Users and new musical works created by Users using the existing musical works, the Licensed Material, or both) submitted by you and other users (collectively, the "User Generated Content"), and the hosting, sharing, and/or publishing of such User Generated Content.
You agree and hereby authorize Indiloop to act as your intermediary in disseminating your User Generated Content on the Services solely for non-commercial purposes. Indiloop makes no representations that it will disseminate or use your User Generated Content in any way, and may or may not disseminate your User Generated Content in its sole discretion. Indiloop may remove any User Generated Content from the Services at any time in its sole discretion, with or without notice, including, but not limited to, any User Generated Content that requests, facilitates or supports the unauthorized reproduction or publication of copyrighted material in contravention of applicable Canadian copyright law. You understand that whether or not User Generated Content is disseminated, Indiloop does not guarantee any confidentiality with respect to any User Generated Content.
YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT: THE USE, OR THE AUTHORIZATION TO DISSEMINATE, THE USER GENERATED CONTENT IS SOLELY FOR NON-COMMERCIAL PURPOSES; THE SOURCE OF THE LICENSED MATERIAL, OR ANY OTHER EXISTING WORKS USED IN THE CREATION OF THE USER GENERATED CONTENT, INCLUDING BUT NOT LIMITED TO THE NAME OF THE AUTHOR, ARTIST, PERFORMER OR COPYRIGHT OWNER, WILL BE MENTIONED IN RELATION TO THE USER GENERATED CONTENT, IF IT IS REASONABLE IN THE CIRCUMSTANCES TO DO SO; YOU HAVE REASONABLE GROUNDS TO BELIEVE THAT THE LICENSED MATERIAL OR ANY OTHER EXISTING WORKS USED IN THE CREATION OF THE USER GENERATED CONTENT WAS NOT INFRINGING COPYRIGHT; THE USE OF, OR THE AUTHORIZATION TO DISSEMINATE THE USER GENERATED CONTENT WILL NOT HAVE A SUBSTANTIAL ADVERSE EFFECT, FINANCIAL OR OTHERWISE, ON THE EXPLOITATION OR POTENTIAL EXLPOITATION OF THE LICENSED MATERIAL OR ANY OTHER WORKS USED IN THE CREATION OF THE USER GENERATED CONTENT, OR ON AN EXISTING OR POTENTIAL MARKET FOR IT, INCLUDING THAT THE NEW WORK IS NOT A SUBSTITUTE FOR THE LICENSED MATERIAL.
In the event of a dispute between two or more Users with respect to any User Generated Content, such as, by way of example and not limitation, the identification of any username or remix name, Indiloop reserves the right, in its sole discretion, to deny one or more Users of the use of any name, including trade-marked names, without liability to any Users and to grant use rights to a single User. If two or more Users claim the rights to any name, then Indiloop may, in its sole discretion, suspend the use of such name until the parties agree between or among themselves as to the parties’ respective rights in and to such names or until such time as a court of competent jurisdiction, in a final, non-appealable decision, resolves the parties’ respective rights in and to such name.
8. Prohibited Uses
You agree that you may not: (a) rent, lease, lend, sell, transfer, redistribute or sublicense the Services; or (b) reproduce, decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Services, in whole or in part, or of any updates, upgrades or modifications to the Services.
You further agree that you will not: a) distribute the Indiloop Content or User Generated Content for any purpose including without limitation compiling an internal database, redistributing or reproducing of the Indiloop Content or User Generated Content by the press or media or through any commercial network, cable or satellite system; without the express written consent of Indiloop; or b) create transformative works of, reverse-engineer, decompile, disassemble, adapt, translate, transmit, arrange, modify, copy, bundle, sell, sublicense, export, merge, transfer, loan, rent, lease, assign, share, outsource, host, publish, make available to any person or otherwise use, either directly or indirectly, the Indiloop Content or User Generated Content in whole or in part, in any form or by any means whatsoever, be they physical, digital or otherwise. You shall not permit, allow or do anything that would infringe or otherwise prejudice the proprietary rights of the Company or its third party licensors or allow any unauthorized third parties to access the Indiloop Content or User Generated Content.
ACCESSING THE INDILOOP CONTENT OR USER GENERATED CONTENT FROM TERRITORIES WHERE IT MAY BE ILLEGAL IS STRICTLY PROHIBITED.
Please respect Indiloop and other Users of the Services. Don’t engage in any activity on the Services, or create or upload User Generated Content, including registering and/or using a username, which is or includes material that (a) is offensive, abusive, defamatory, pornographic or obscene; (b) is illegal, or is intended to promote or commit an illegal act of any kind, including but not limited to, violations of intellectual property rights, privacy rights or the proprietary rights of Indiloop or a third party; (c) includes personal data of third parties or is intended to solicit such personal data, (d) includes malicious content such as malware, trojan horses or viruses, or otherwise interferes with any User’s access to the Services; (e) is intended or does harass or bully other Users; (f) impersonates or misrepresents your affiliation with another User, person or entity, or is otherwise fraudulent, false, deceptive, or misleading; (g) uses automated means to artificially promote content; (h) involves the transmission of unsolicited mass mailing (“spam”), junk mail, chain letter, or similar, including through the Indiloop inbox; (i) involves commercial or sales activities, such as advertising, contests, sweepstakes, or pyramid schemes; (j) promotes commercial products or services; (k) interferes with the Services, tampers with or attempts to probe, scan, or test for vulnerabilities in the Services or Indiloop’s computer systems or network, or breaches any of Indiloop’s security or authentication measures, or (l) conflicts with the EULA, as determined by Indiloop. You agree that Indiloop may also reclaim your username for any reason.
THE COMPANY RESERVES ALL RIGHTS TO REMOVE ANY USERNAME OR USER GENERATED CONTENT DEEMED OFFENSIVE, ABUSIVE, DEFAMATORY, PORNOGRAPHIC OR OBSCENE TO ITS MEMBERS.
9. User Account Information; Password
In order to access some features of the Services, you will have to create a User account. You agree that the personal information you provide to Indiloop upon registration and, at all other times, will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times. In the event that Indiloop decides in its sole discretion to allow Users to access, use or download the Services via a User account linked to a third party website, including without limitation, Facebook or Google+, you further agree that the user account information you provide on such third party website will also be kept accurate and up-to-date at all times.
When you register you will be asked to provide a password. As you will be responsible for all activities that occur under your password, you should keep your password confidential. You are solely responsible for maintaining the confidentiality of your User account and password and for restricting access to your computer, and you agree to accept full responsibility for all activities that occur under your User account or password. If you have reason to believe that your User account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your User account ID or password), you will immediately notify Indiloop. You may be liable for the losses incurred by Indiloop or others due to any unauthorized use of your User account.
10. License To Use Your Information & User Generated Content
With the exception of your personal information, you hereby grant Indiloop a perpetual, royalty-free, worldwide, non-exclusive, irrevocable, transferable license to run, display, copy, reproduce, publish, bundle, distribute, market, create transformative works of, adapt, translate, transmit, arrange, modify, sublicense, export, merge, transfer, loan, rent, lease, assign, share, outsource, host, make available to any person or otherwise use, any information or other User Generated Content you provide on or through the Services, or which is sent to the Company by e-mail or other correspondence, including without limitation, any ideas, concepts, inventions, know-how, techniques or any intellectual property contained therein, for any purpose whatsoever. Indiloop shall not be subject to any obligations of confidentiality regarding any such information unless specifically agreed by the Company in writing or as required by law. You represent and warrant that you have the right and capacity to grant the license set out in this provision.
This EULA is effective until terminated by Indiloop, for any reason, in its sole discretion. The Company may terminate the EULA without prior notice to you. The License will terminate automatically in the event you fail to comply with these Terms, or any of the other terms and conditions incorporated into the EULA by reference, or if you engage in any prohibited conduct or prohibited uses. In the event of termination of the License for any reason, you shall: (a) immediately cease using the Services; and (b) destroy all copies of the Services in your possession or under your control.
Any such termination by the Company shall be in addition, and without prejudice, to such rights and remedies as may be available to the Company, including injunctions and any equitable remedies available by law.
The provisions of this EULA regarding ownership rights, termination, your warranty, the license you grant the Company, the Company’s disclaimers of warranty, limitations of liability, indemnification, and interpretation shall survive the termination of the EULA.
12. Disclaimer of Warranty
THE SERVICES ARE LICENSED "AS IS", AND INDILOOP DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL REPRESENTATIONS, WARRANTIES, GUARANTEES, OBLIGATIONS AND LIABILITIES, WHETHER EXPRESS OR IMPLIED, OF ANY KIND IN RELATION TO THE SERVICES, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES WITH RESPECT TO UNINTERRUPTED OR ERROR FREE OPERATION, AVAILABILITY, ACCURACY, COMPLETENESS, CURRENTNESS, RELIABILITY, TIMELINESS, LEGALITY, SUITABILITY, PRIVACY, SECURITY, MERCHANTABILITY, QUALITY, TITLE, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE.
In the event of any failure of the Services downloaded from Apple’s App Store, you may notify Apple, and Apple will refund the purchase price for the Services to you. You further acknowledge and agree that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Services or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of the Services.
13. Limitation of Liability
You agree that, to the fullest extent permitted by applicable law, your sole and exclusive remedy for any problems, dissatisfaction or claims arising from your use of the Services, third party applications or third party content is to uninstall any Indiloop software and to stop using the Services, third party applications or third party content.
UNDER NO CIRCUMSTANCES WILL THE COMPANY, ITS AFFILIATES, AGENTS, LICENSORS, SUPPLIERS, THIRD PARTY PROVIDERS, INCLUDING WITHOUT LIMITATION APPLE, OR THEIR RESPECTIVE DIRECTORS, OFFICERS OR EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, AGGRAVATED, ECONOMIC OR CONSEQUENTIAL DAMAGES, HOWSOEVER CAUSED, INCLUDING BUT NOT LIMITED TO: DAMAGES FOR LOSS OF USE, LOST PROFITS OR LOST SAVINGS, EVEN IF THE COMPANY OR ANY OF ITS LAWFUL AGENTS OR EMPLOYEES HAVE BEEN SPECIFICALLY ADVISED OF THE POSSIBILITY OF SUCH LOSS, INJURY, DAMAGES OR CLAIM.
UNDER NO CIRCUMSTANCES WILL COMPANY, ITS AFFILIATES, AGENTS, LICENSORS, SUPPLIERS, OR THEIR RESPECTIVE DIRECTORS, OFFICERS OR EMPLOYEES, BE LIABLE FOR ANY DAMAGES OR LOSSES RESULTING FROM: VIRUSES, DATA CORRUPTION, FAILED MESSAGES, TRANSMISSION ERRORS OR PROBLEMS; TELECOMMUNICATIONS SERVICE PROVIDERS; LINKS TO THIRD PARTY WEBSITES; THE INTERNET BACKBONE; PERSONAL INJURY; THIRD PARTY CONTENT, PRODUCTS OR SERVICES; DAMAGES OR LOSSES CAUSED BY YOU, OR YOUR RESPECTIVE EMPLOYEES, AGENTS OR SUBCONTRACTORS; LOSS OF USE OR LACK OF AVAILABILITY OF FACILITIES INCLUDING COMPUTER RESOURCES, ROUTERS AND STORED DATA; THE USE OF, OR INABILITY TO USE, THE SERVICES OR THE INDILOOP CONTENT; ANY OTHER WEBSITE ACCESSED TO OR FROM THE INDILOOP SERVICES; OR EVENTS BEYOND THE REASONABLE CONTROL OF THE COMPANY, EVEN IF THE COMPANY OR ANY OF ITS LAWFUL AGENTS, OR EMPLOYEES HAVE BEEN SPECIFICALLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR CLAIM.
ALTHOUGH INDILOOP’S SERVICES USE AMAZON WEB STORAGE, THERE IS NO GUARANTEE THAT PERSONAL INFORMATION AND TRANSACTIONS ON COMPANY’S SERVICES OR ON THE INTERNET WILL BE MAINTAINED CONFIDENTIAL AND SECURE. THE USE OF INDILOOP’S SERVICES AND THE INDILOOP CONTENT IS AT YOUR OWN RISK AND THE COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY PERTAINING TO THE INDILOOP CONTENT, YOUR USE OF THE SERVICES OR THE RECEIPT, STORAGE, TRANSMISSION OR OTHER USE OF YOUR PERSONAL INFORMATION.
THE COMPANY DISCLAIMS ANY LIABILITY FOR THE UNAUTHORIZED USE OR REPRODUCTION OF ANY PORTION OF THE SERVICES OR INDILOOP CONTENT.
You agree at all times to indemnify, defend and hold harmless the Company, its subsidiaries and affiliated companies, suppliers, and their respective directors, officers, employees and agents against all actions, proceedings, costs, claims, damages, demands, liabilities, losses or debts and expenses whatsoever (including but not limited to reasonable legal and other fees and disbursements) sustained, incurred or paid by the Company arising directly or indirectly in respect of: a) any information or other content you provide on or through the Services or which is sent to the Company by e-mail or other correspondence; and b) any violation of any provision of the EULA, including without limitation, any misuse of the Indiloop Content or the Services that is not in accordance with the EULA, or claims for infringement of intellectual property rights or otherwise.
15. Technological Limitations
Indiloop will make reasonable efforts to keep the Services operational. However, certain technical difficulties or maintenance issues may, from time to time, result in temporary interruptions. Indiloop reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the Services, with or without notice, all without any liability to you for any interruption, modification, or discontinuation of the Services or any function or feature thereof. You understand and agree that Indiloop has no obligation to maintain, support, upgrade or update the Services, or to provide all or any specific content through the Services. You also acknowledge that third parties, including without limitation Apple and Google, have no obligation whatsoever to furnish any maintenance or support services in relation to the Services.
THE COMPANY ASSUMES NO OBLIGATION TO UPDATE THE INDILOOP CONTENT ON THIS SITE. THE COMPANY MAY FROM TIME TO TIME, IN ITS SOLE DISCRETION, UPDATE THE INDILOOP CONTENT ON THE SERVICES WITHOUT PRIOR NOTICE TO YOU. ANY SUCH UPDATES WILL CONTINUE TO BE GOVERNED BY THE TERMS OF THIS EULA, UNLESS THE COMPANY PROVIDES A SEPARATE EULA WITH SUCH UPDATES, IN WHICH CASE THAT SEPARATE EULA WILL GOVERN.
YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT FROM TIME TO TIME THE INDILOOP CONTENT MADE AVAILABLE ON COMPANY’S SERVICES MAY NOT BE ACCURATE, UP TO DATE, COMPLETE OR UNTAMPERED, AND SHOULD NOT BE RELIED UPON WITHOUT FURTHER INDEPENDENT VERIFICATION BEING MADE BY YOU.
THE INDILOOP CONTENT ON THE SERVICES IS PROVIDED FOR ENTERTAINMENT AND/OR INFORMATIONAL PURPOSES ONLY, AND SHOULD NOT BE INTERPRETED AS A RECOMMENDATION FOR ANY SPECIFIC PRODUCT OR SERVICE, USE OR COURSE OF ACTION. THE INDILOOP CONTENT ON THE SERVICES IS NOT INTENDED TO BE USED AS A SUBSTITUTE OF ANY KIND FOR PROFESSIONAL ADVICE. YOU ACKNOWLEDGE THAT IT IS YOUR DUTY TO OBTAIN PROFESSIONAL ADVICE FROM A QUALIFIED MUSIC INDUSTRY PROFESSIONAL TO MEET YOUR SPECIFIC NEEDS. YOU SHOULD NOT ACT OR RELY ON ANY OF THE INDILOOP CONTENT WITHOUT SEEKING THE ADVICE OF A QUALIFIED PROFESSIONAL.
16. Third Parties
Although Indiloop may, from time to time, provide you with and/or offer the ability to purchase licenses for and in connection with the limited use of third party Licensed Material, including without limitation Songs, compositions, recordings, music, Stems, and/or artistic works, the Services and the Indiloop Content are not to be construed or implied in any way as a form of promotion of such Licensed Material. The Services may contain links to other sites. The Company does not assume responsibility for the accuracy or appropriateness of the information, data, opinions, advice, or statements contained on such sites, and when you access such sites, you are doing so at your own risk. In providing links to other sites, the Company is in no way acting as a publisher or disseminator of the material contained on those other sites and does not seek to monitor or control such sites. A link to another site should not be construed to mean that the Company is affiliated or associated with the same. The mention of another party or its product or service on Indiloop’s Services should not be construed as an endorsement of that party or its product or service.
You acknowledge that the EULA is concluded solely between you and Indiloop and does not bind any third parties, including without limitation, Apple Inc. (“Apple”) and Google Inc. (“Google”), that enable you to access, use or download the Services. You further acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of the EULA, and that, upon your acceptance of the terms and conditions of the EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce the EULA against you as a third party beneficiary thereof.
Any provision of this EULA which is held by a court of competent jurisdiction to be illegal, invalid or unenforceable in such jurisdiction shall, as to that jurisdiction, be ineffective to the extent of such illegality, invalidity or unenforceability and shall otherwise be enforced to the maximum extent permitted by law, all without affecting the remaining provisions of this EULA or affecting the legality, validity or enforceability of such provision in any other jurisdiction, which shall nonetheless remain in full force and effect.
The division of this EULA into sections and the insertion of headings are for convenience of reference only, do not constitute part of the Terms and shall not be deemed to limit or affect the construction or interpretation of this EULA. In this EULA, words importing the singular number include the plural and vice versa, words importing gender include all genders; and words importing persons include individuals, sole proprietors, partnerships, corporations, trusts and unincorporated associations.
19. Entire Agreement
This EULA constitutes the entire agreement between you and Indiloop with respect to the subject matter of this EULA, and supersedes and replaces any written or oral agreements, understandings or undertakings regarding the subject matter of this EULA made or given between you and Indiloop prior to the date this EULA is deemed to come into force. You represent that you have not accepted the EULA in reliance on any oral or written representations made by Indiloop that are not contained in these Terms or any of the terms or conditions incorporated into the EULA by reference.
20. Governing Law
This EULA will be governed by and construed in accordance with the laws of the province of Ontario and the laws of Canada applicable therein, excluding any choice of law and conflict of law rules. By accessing, using and/or downloading the Services, you consent and submit to the exclusive jurisdiction and venue of the Superior Court of Justice of the province of Ontario.
In particular but without limitation, we expressly exclude the application of the United Nations Convention on Contracts for the International Sale of Goods, as amended, replaced or re- enacted from time to time.
You agree to waive any right you may have to: (i) a trial by jury; and (ii) commence or participate in any class action proceedings against the Company related to the Company’s Services, the Indiloop Content, any Licensed Material, if applicable, or this EULA. You also agree to opt out of any class action proceedings against the Company or its third party licensors. You have requested and agreed to have this EULA and all related documents be drawn-up in English only. Vous avez demandé et consenti que ce contrat ainsi que tous les documents qui s'y rattachent soient rédigés en anglais seulement.
Indiloop’s Services are currently in a closed beta phase and upon accessing, using or downloading you acknowledge and agreed that all content currently available is intended for testing purposes only. Indiloop does not have to have authorization to all content. You acknowledge that the Company, its directors, officers, employees, agents and those of its subsidiaries and affiliated companies are NOT exploiting the intellectual property rights-holders, musicians, record labels, publishers, managers, producers, or anyone else may have been involved in the creation, or distribution of any content available for monetary gain. Users who wish to contact Indiloop regarding any questions, complaints or claims may do so in writing to Indiloop Media Inc., 119 West Pender Street, Suite 326, Vancouver BC, V6B 1S5, by calling us at 778 874 4713, or by emailing firstname.lastname@example.org. Thank you.
Effective as of December 5, 2013.
2. What information we collect
You can access and use certain aspects of the Services without creating a User account or revealing any personal information about yourself. Once you choose to sign up for the Services, however, we may collect the personal information you provide to create a User account, including your username, password, email address, date of birth, gender, country and postal code or zip code. Once you choose to give us this personal information you are no longer anonymous to us when using our Services.
We may also collect information you voluntarily add to your User profile, including a profile picture, your mobile phone number and your mobile service provider. If you connect to the Services using your user credentials from a third party social network service, for example Facebook, Twitter, Google+, an email account, or any other third party service whose user credentials we may recognize now or in the future, you authorize us to collect your authentication information, such as your username, encrypted access credentials, and other personal information that may be available on or through that social network service, including your name, profile picture, country, hometown, current location, email address, date of birth, gender, your friends’ names and their profile pictures and your networks. We may store this information so that it can be used for the purposes described below in Section 3 and may verify your user credentials with that social network service.
3. How we use the information we collect
Indiloop’s primary use of the personal information we collect is to enable you to communicate and share your User Content with other Users of the Services. Our intent in collecting this information is to provide you with a useful, efficient and personalized User experience.
You understand and agree that we may use the information we collect, including your personal information, to:
In addition, Indiloop will collect all personal information provided in the course of processing a payment transaction for the purchase of goods or services, special offers or special features made available through the Services. The personal information we collect when processing such payments may vary depending on the nature of the transaction. The personal information may include, for example, your name, credit card number and expiration date, billing address and mailing address. Indiloop will only use the personal information collected in the course of such transactions for the purposes of fulfilling your purchase and the delivery of the goods and services you’ve purchased, and will not use this information for any other purpose.
4. How we share the information we collect
We may share the information we collect, including your personal information, in the following ways:
4.1 Sharing within Indiloop’s Services
Indiloop’s Services are designed to enable you to find, enjoy and share User Content with other Users, and as such we enable and encourage you to explore who else is using the Services, view their public profile and listen to User Content they’ve published.
Most of your User account information is or may be publicly available by default, including your username, profile picture, your activity, including all User Content you publish, upload, make available or like, any third party applications you add or use.
We may use your public User information to promote the Services and to help other Users find and follow you or your User Content, including through third party social network services such as Facebook and Google+. Your information may also be used to notify others, whether on the Services, via email, on third party social networks such as Facebook or Google+, that you have joined Indiloop and about your activity related to their User profile, User Content which they like, or which we otherwise think may be of interest to them.
4.2. Sharing with other social network services
If you connect to Indiloop using Facebook, Google+ or other social network services, the default setting provides that Indiloop will automatically share your activity with that social network service, including the User Content you publish and listen to. You understand that such information may be attributed to your user profile on that social network service and may be published on such service. See section 5 below to learn more about how you can disable sharing or publication of your information on third party social network services.
Indiloop also enables you to share your User Content, on an individual basis, on third party social network services by using the share functionality in the Indiloop Services. You should note that this type of sharing may be posted as activity on the Services, regardless of your User account settings. In order to share User Content on a third party social network service, you will have to enter your user credentials for that service to access it. Indiloop may store your user credentials obtained from that third party social network service, so that you may later share other User Content on that third party service without having to reenter your user credentials for that service again.
4.3 Sharing with third party applications
To better personalize your user experience, we may share some of non-identifiable information we have collected about you with the providers of third party applications, such as general geographic location, your musical preferences, User settings and technical data. Indiloop will take precautions, however, to prevent providers of third party applications to use the information provided to them to identify you or to collect additional information about you without your consent.
You should understand that if you:
4.4. Affiliated companies, subsidiaries and others
4.5 Other sharing
In addition to the above, we may also share your information to third parties for these limited purposes:
You understand and agree that the privacy policies of third parties will govern all use of information that we provide to them under this section.
5. Cookies & similar technologies
A “Cookie” is a small text file that is placed on your computer, mobile phone, or other device when you visit a website. The Cookie helps website providers to recognize your device the next time you visit their website. There are other similar technologies such as pixel tags, web bugs, web storage and other similar files and technologies that can also do the same thing as Cookies. Indiloop uses the term Cookies in this policy to refer to cookies and all such similar technologies that collect information in this way.
A few important things you should know about Cookies are that:
You are always free to decline our Cookies by configuring your Internet browser management preferences accordingly, although doing so may interfere with, impair or otherwise prevent the due functioning of your use of the Indiloop Services.
6. Transfer of information outside of Canada
If you choose to provide us with personal information, you consent to the transfer and storage of that information to our servers located in a number of countries, including the United States of America.
7. Your preferences: accessing, managing and updating your personal information
You can access, manage and update the personal information you provide us by logging into the Indiloop Services. Through your User account settings, you can choose which communications you receive from us, manage your public information, and set your sharing preferences. However, please note that it may not be possible to make certain information private on the Services, including your name and/or username, profile picture, and other basic information, such as your following relationships. Such information and other information which are set to “public” in your settings, such as User Content, may be used, re-shared or linked to by other users on the Services or others Internet users so please use Indiloop’s Services carefully and manage your account settings regularly.
Remember that if you make your user profile content private, other users who already subscribe to or otherwise have the details of such content may still have access to it. Also keep in mind that User Content added to your profile may include personal information, such as username, which could enable other persons to find you in the Indiloop Services or other services.
We will not manually modify your personal information because it is very difficult to verify your identity remotely. Upon your request, we will close your account and remove your personal information from view as soon as reasonably possible, based on your account activity and in accordance with applicable law. We do retain personal information from closed accounts in order to comply with law, prevent fraud, collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigations, enforce our End User License Agreement, and take other actions otherwise permitted by law.
To manage, update or limit access to or sharing of information collected from third party social network services, such as Facebook or Google+, please visit your account settings on that service.
8. Account protection; Security measures
We are committed to protecting our Users’ information, treat data as an asset that must be protected, and use tools including encryption, passwords, and physical security measures to protect your personal information against unauthorized access and disclosure. Your password protects your User account, so you should use a unique and strong password, limit access to your computer and Internet browser, and log out after having used the Services.
However, third parties may unlawfully intercept or access transmissions or private communications, and other Users may abuse or misuse your personal information that they collect from the Services. Therefore, while we take reasonable data protection precautions to protect your privacy, no security measures are completely secure, such that we do not guarantee, and you should not expect, that your personal information will remain private or secure at any time.
9. Third Parties (links & content)
11. Contact us