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Terms of Service

July 8, 2010

Unless you have agreed otherwise in writing with Loopdy, you agree that you are responsible for protecting and enforcing your rights listed below and that Loopdy has no obligation to do so on your behalf.

1. Your relationship with Loopdy

  1. Your use of Loopdy’s software and services (referred to collectively as the “Services” in this document) is subject to the terms of a legal agreement between you and TechStudios, LLC DBA Loopdy whose principal place of business is at 1909 Brun Suite 13, Houston, TX 77019-6167, United States. Unless otherwise agreed in writing, your agreement with Loopdy will always include, at a minimum, the terms and conditions set out in this document. These are referred to below as the “Universal Terms”.
  2. Your agreement with Loopdy will also include the terms of any Legal Notices applicable to the Services, in addition to the Universal Terms. All of these are referred to below as the “Additional Terms”.
  3. The Universal Terms, together with the Additional Terms, are referred to collectively in this legal agreement as the “Terms”. It is important that you take the time to read them carefully.
  4. If there is any contradiction between what the Additional Terms say and what the Universal Terms say, then the Additional Terms shall take precedence in relation to that Service.

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2. Accepting the Terms

  1. In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms.
  2. You can accept the Terms by:
    • clicking to accept or agree to the Terms, where this option is made available to you by Loopdy in the user interface for any Service; or
    • by actually using the Services. In this case, you understand and agree that Loopdy will treat your use of the Services as acceptance of the Terms from that point onwards.
  3. You may not use the Services and may not accept the Terms if:
    • you are not of legal age to form a binding contract with Loopdy, or
    • you are a person barred from receiving the Services under the laws of the United States or other countries including the country in which you are resident or from which you use the Services.
  4. Where Loopdy has provided you with a translation of the English language version of the Terms, then you agree that the translation is provided for your convenience only and that the English language versions of the Terms will govern your relationship with Loopdy. If there is any contradiction between what the English language version of the Terms says and what a translation says, then the English language version shall take precedence.
  5. Before you continue, you should print off or save a local copy of the Universal Terms for your records.

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3. Provision of the Services by Loopdy

  1. Loopdy has affiliated legal entities (“Affiliates”). Sometimes, these companies will be providing the Services to you on behalf of Loopdy itself. You acknowledge and agree that Affiliates will be entitled to provide the Services to you.
  2. Loopdy is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which Loopdy provides may change from time to time without prior notice to you. You also acknowledge and agree that Loopdy may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at Loopdy’s sole discretion, without prior notice to you.
  3. You may stop using the Services at any time. However, you must specifically inform Loopdy when you stop using the Services.
  4. You acknowledge and agree that if Loopdy disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account.
  5. You acknowledge and agree that while Loopdy may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Services or on the amount of storage space used for the provision of any Service, such fixed upper limits may be set by Loopdy at any time, at Loopdy’s discretion
  6. Currently there are no third-party advertisements within Loopdy. However, the manner, mode and extent of advertising by Loopdy on the Services are subject to change without specific notice to you, and you acknowledge that Loopdy may place such advertising on the Services.

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4. Use of the Services by you

  1. In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to Loopdy will always be accurate, correct and up to date.
  2. You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.
  3. You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by Loopdy, unless you have been specifically allowed to do so in a separate agreement with Loopdy.
  4. You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
  5. Unless you have been specifically permitted to do so in a separate agreement with Loopdy, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
  6. You agree that you are solely responsible for (and that Loopdy has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Loopdy may suffer) of any such breach.
  7. The Software which you use may automatically download and install updates from time to time from Loopdy. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit Loopdy to deliver these to you) as part of your use of the Services.
  8. You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services. Accordingly, you agree that you will be solely responsible to Loopdy for all activities that occur under your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify Loopdy immediately at http://www.loopdy.com/contact-us/.

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5. Privacy and your personal information

  1. For information about Loopdy’s data protection practices, please read Loopdy’s privacy policy at http://www.loopdy.com/join/privacy-policy/. This policy explains how Loopdy treats your personal information, and protects your privacy, when you use the Services.
  2. You agree to the use of your data in accordance with Loopdy’s privacy policies.

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6. Content in the Services

  1. You understand that all information which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the “Content”.
  2. You may not modify, rent, lease, loan, sell, distribute or create derivative works based on Content including but not limited to sponsored Content within the Services (either in whole or in part) unless you have been specifically told that you may do so by Loopdy or by the owners of that Content, in a separate agreement.
  3. Loopdy reserves the right (but shall have no obligation) review, modify, refuse or remove any or all Content from any Service.
  4. You understand that by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk.
  5. You agree that you are solely responsible for (and that Loopdy has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which Loopdy may suffer) by doing so.

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7. Proprietary rights

  1. You acknowledge and agree that Loopdy (or Loopdy’s licensors) owns all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.
  2. You acknowledge that the Services may contain information which is designated confidential by Loopdy and that you shall not disclose such information without Loopdy’s prior written consent.
  3. Unless you have agreed otherwise in writing with Loopdy, nothing in the Terms gives you a right to use any of Loopdy’s trade names, trade marks, service marks, logos, domain names, and other distinctive brand features.
  4. If you have been given an explicit right to use any of these brand features in a separate written agreement with Loopdy, then you agree that your use of such features shall be in compliance with that agreement and any applicable provisions of the Terms.
  5. Unless you have been expressly authorized to do so in writing by Loopdy, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
  6. It is Loopdy’s policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act) and to terminating the accounts of repeat infringers. Details of Loopdy’s policy can be found at http://www.loopdy.com/join/program-policies/.

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8 License from Loopdy

  1. Loopdy gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by Loopdy as part of the Services as provided to you by Loopdy (referred to as the “Software” below). This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Loopdy, in the manner permitted by the Terms.
  2. You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by Loopdy, in writing.
  3. Unless Loopdy has given you specific written permission to do so, you may not assign (or grant a sub-license of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.

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9. Content license from you

  1. You acknowledge that you share copyright and any other rights you already hold in Content which you submit, post or display on or through, the Services. By submitting, posting or displaying the content you give Loopdy a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to modify or remove any Content which you submit, post or display on or through, the Services. This license is for the sole purpose of enabling Loopdy to display, distribute and promote the Services.
  2. You understand that Loopdy, in performing the required technical steps to provide the Services to users, may make changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media and to the Loopdy Program Policies at http://www.loopdy.com/join/program-policies/. You agree that this license shall permit Loopdy to take these actions.
  3. You acknowledge and agree to all rights listed in the Loopdy Intellectual Property Rights at http://www.loopdy.com/join/intellectual-property-rights/.
  4. You confirm and warrant to Loopdy that you have all the rights, power and authority necessary to grant the above license.

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10. Ending your relationship with Loopdy

  1. The Terms will continue to apply until terminated by either you or Loopdy as set out below.
  2. If you want to terminate your legal agreement with Loopdy, you may do so by notifying Loopdy at any time. Your notice should be sent, in writing, to Loopdy’s address which is set out at the beginning of these Terms.
  3. Loopdy may at any time, terminate its legal agreement with you if:
    • you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or
    • Loopdy is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or
    • Loopdy is transitioning to no longer providing the Services to users in the geographical region in which you are resident or from which you use the service; or
    • the provision of the Services to you by Loopdy is, in Loopdy’s opinion, no longer commercially viable.
  4. Nothing in this Section shall affect Loopdy’s rights regarding provision of Services under Section 3 of the Terms.
  5. When these Terms come to an end, all of the legal rights, obligations and liabilities that you and Loopdy have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation.

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11. EXCLUSION OF WARRANTIES

  1. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND LOOPDY, ITS AFFILIATES, AND ITS LICENSORS GIVE NO WARRANTY WITH RESPECT TO THEM.
  2. IN PARTICULAR, LOOPDY, ITS AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:
    • YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,
    • YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
    • ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND
    • THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
  3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
  4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LOOPDY OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

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12. LIMITATION OF LIABILITY

  1. NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT LOOPDY LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW.
  2. SUBJECT TO OVERALL PROVISION IN PARAGRAPH 13.1 ABOVE, LOOPDY, ITS AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:
    • ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
    • ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
      • ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES;
      • ANY CHANGES WHICH LOOPDY MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
      • THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;
      • YOUR FAILURE TO PROVIDE LOOPDY WITH ACCURATE ACCOUNT INFORMATION;
      • YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;
  3. THE LIMITATIONS ON LOOPDY’S LIABILITY TO YOU IN PARAGRAPH 12.1 ABOVE SHALL APPLY WHETHER OR NOT LOOPDY HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

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13. Other content

  1. The Services may include hyperlinks to other web sites or content or resources. Loopdy may have no control over any web sites or resources which are provided by companies or persons other than Loopdy.
  2. You acknowledge and agree that Loopdy is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
  3. You acknowledge and agree that Loopdy is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.

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14. Changes to the Terms

  1. Loopdy may make changes to the Universal Terms or Additional Terms from time to time. When these changes are made, Loopdy will make a new copy of the Universal Terms available at http://www.loopdy.com/join/terms-of-service/ and any new Additional Terms will be made available to you from within, or through, the affected Services.
  2. You understand and agree that if you use the Services after the date on which the Universal Terms or Additional Terms have changed, Loopdy will treat your use as acceptance of the updated Universal Terms or Additional Terms.

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15. General legal terms

  1. The Terms constitute the whole legal agreement between you and Loopdy and govern your use of the Services (but excluding any services which Loopdy may provide to you under a separate written agreement), and completely replace any prior agreements between you and Loopdy in relation to the Services.
  2. You agree that Loopdy may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.
  3. You agree that if Loopdy does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Loopdy has the benefit of under any applicable law), this will not be taken to be a formal waiver of Loopdy’s rights and that those rights or remedies will still be available to Loopdy.
  4. If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
  5. You acknowledge and agree that TechStudios LLC shall be a third party beneficiary to the Terms and shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be third party beneficiaries to the Terms.
  6. The Terms, and your relationship with Loopdy under the Terms, shall be governed by the laws of the State of Texas without regard to its conflict of laws provisions. You and Loopdy agree to submit to the exclusive jurisdiction of the courts located within the county of Harris, Texas to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that Loopdy shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.