Throughout these Terms, "Company" "us" "our", and "we" refers to re:discover, Inc., d/b/a Loudr, and its affiliates; and "you" or "User" refers to you, our user -- anyone who uses, joins, visits, purchases from, subscribes to, or otherwise accesses Loudr. If you would also like to access our products and services for content owners and distributors, you must also agree to the Music Services Agreement, which governs use of our digital distribution and licensing products and services.
Your access to the Services is subject to the Terms outlined here and subject to change, suspension, modification, or discontinuation at any time. Any new features or tools added to the current Services shall be also subject to these Terms. As we continually evolve our products and our services for our users, we reserve the right to update and change the Terms from time to time by posting updates and changes to this page. You are advised to check the Terms from time to time for any updates or changes that may impact you.
Loudr is a platform that enables content owners and distributors to upload, distribute, license, sell, and otherwise make available music and other content to consumers. Loudr also enables consumers to preview, purchase, download, stream, and share content, as well as submit comments, likes, follow requests, and purchases that result in a change to a leaderboard.
As the providers of a platform that enables rights holders to distribute their content, we are committed to protecting the rights of the artists, songwriters, and creators. Other than duly licensed third party content, the copyrights to the material made available and sold through Loudr are owned or controlled by the users who have posted the material.
Please note that the Company is not paid for, responsible for, or involved with the production of the music made available through our platform. We are not paid by content owners and distributors for the content itself, but rather for the use of the Services, which facilitate the licensing and digital distribution of content. With the exceptions of songs designated by our users as Cover Songs and submitted to us for clearance and licensing, we do not select or review any of the content distributed through the Loudr platform. We do make it our top priority to remove infringing, defamatory, offensive, or abusive content upon request.
If you notify us of content that infringes your intellectual property rights or the intellectual property rights of a third party, or content that violates our policies, we will review your request and block infringing content from Loudr within seven (7) business days. You can visit our Copyright Policy page to learn more about how we deal with copyrighted material and how we comply with the Digital Millennium Copyright Act.
We own and retain all right, title and interest in and to the Services, and all related technology, materials, data, tools, widgets, user activity reports, intellectual property, programming, development and design, including but not limited to the front and backend systems, visual design, Internet website, accompanying databases and domains. This Agreement does not transfer any ownership rights in any of the foregoing to you or any third party.
Notwithstanding material posted or uploaded by our users, all of the content on the Loudr website, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features, designs, trademarks, service marks, trade dress, and logos contained herein (marks), are owned by or licensed to Loudr, subject to copyright and other intellectual property rights under the law. Content on the website is provided to you on an "as is" basis for your information and personal use only and may not be copied, reproduced, distributed, transmitted, displayed, publicly performed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective rights holders.
Loudr is a registered trademark. The rights granted under these Terms do not include any general right to use the Loudr marks or logos (collectively, the "Loudr Marks"). However, we may occasionally provide buttons, logos, and other branding elements featuring certain Loudr Marks for use in attribution, advertising, promotion, marketing of the Services, available for your use in accordance with the guidelines we provide.
If you decide to use the name “Loudr” in a written description of the Services, you should capitalize only the "L" in the name ("Loudr"), and follow the name with a superscript "®" symbol indicating a registered trademark the first time that the name appears in any piece of text.
Loudr, and any content provided to you through Loudr, is offered to you on a non-exclusive basis for your sole, personal, non-commercial consumption. You may access the Services solely to find information about, preview, and/or purchase materials posted by content owners, as intended through the normal functionality of the Services. Please review our Music Services Agreement if you are a content owner or distributor and are interested in accessing our commercial products and services.
To use Loudr, you must be an individual who has reached the age of 18 years. To make purchases through Loudr, you must be located in the United States of America or its territories and possessions. You must also be fully able and competent to enter into and abide by the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and be able to abide by and comply with these Terms.
You may not use Loudr for any illegal or unauthorized purposes. You may not use the Services in a way that could damage its content or impair its operation in any way. 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 Loudr, unless you have been specifically allowed to do so in a separate agreement by Loudr. You specifically agree not to access, or attempt to access, any of the Services through any automated means, including use of scripts, bots, or intelligent agents, except for the purpose of facilitating access to content that you have purchased, engaging in search indexing in accordance with our Robot Exclusion Protocol, or accessing any application programming interfaces, or so-called “APIs”, that we have provided in accordance with our API rules. You also understand that by using the Services you may be exposed to content created by third parties, including but not limited to content created by advertisers, or content that is offensive, indecent, or objectionable.
Loudr offers a comprehensive back-end content management system for content owners and distributors (“Loudr Artist Dashboard” or “Dashboard”). You can use the Loudr Artist Dashboard to upload your content to the Services for the purpose of setting up and managing a content distribution account with us. We have no obligation to provide licensing or distribution services in connection with any material submitted by you through the Dashboard, unless the material is submitted pursuant to the Music Services Agreement, to which you have agreed separately. You alone shall be responsible for the content that you upload to the Services.
Loudr’s features provide you with the ability to submit, post, share, upload, or host content, or otherwise interact with content, including without limitation, the ability to upload and save audio and image files to the Artist Dashboard, as well as the ability to submit comments, likes, follow requests, and leaderboard entries (“User Content”). You hereby grant to us and to our users a non-exclusive, royalty-free, transferable, sublicensable, license to use, store, display, reproduce, modify, perform, and distribute your User Content on Loudr throughout the Universe, solely for the purposes of operating, developing, and providing our Services to you. In addition, you represent, warrant, and agree that you own or have all licenses and rights to use, display and distribute User Content, and to authorize Loudr to do the same. We reserve the right to remove any material you post at any time and for any reason.
You hereby agree to comply with our Community Guidelines, as well as all applicable local rules regarding online conduct and acceptable content. Specifically you agree to comply with all applicable laws regarding the transmission of technical data from the country in which you reside. We may remove content and accounts containing content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable, or that violate of a third party’s intellectual property or other legal rights.
We require a valid credit card for accounts able to process orders using a live payment gateway. Accounts used for development purposes (unable to process orders using a live payment gateway) do not require a valid credit card. Please note that prices are subject to change at any time.
All fees are exclusive of all federal, provincial, state, or other governmental sales, goods, and services, harmonized or other taxes, fees, or charges now in force or enacted in the future. Such amounts are in addition to payment for your purchases and will be billed to your credit card. Please note that Loudr does not provide refunds.
In order to access certain features of the Services, you must create and/or sign into a Loudr account of your own. Use of another's account is not permitted. When creating your account, you must provide accurate and complete information.
You are solely responsible for the activity that occurs in your account. You are also responsible for maintaining the security of your account password, as well as the passwords of any third party services that you may have elected to link to your account, e.g., Facebook and Twitter.
You agree to notify Loudr immediately of any breach of security or unauthorized use of your account. You may be liable for the losses of Loudr or others due to such unauthorized use or any other use in violation of these Terms. We reserve the right to reclaim Loudr user accounts on behalf of businesses or individuals that hold legal claim or trademark on those user accounts or reassign user accounts after a period of inactivity of 18 months or longer.
Loudr provides content created and uploaded by third parties. Because we have no control over such content, you acknowledge and agree that Loudr is not responsible for and does not assume responsibility or accept liability for any music files, content, advertising, products, or other materials on or made available by third parties through the Services, including but not limited to User Content. You further acknowledge and agree that Loudr shall not be responsible for or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or made in connection with the use of or reliance on any such music files, content, goods, or services available on or through any such site or resource. You expressly understand and agree that Loudr and its subsidiaries, affiliates, officers, agents, employees, partners, and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for losses (even if we have been advised of the possibility of such damages), resulting from:
You expressly understand and agree that:
a) Your use of the of the Services is at your discretion and risk. We disclaim any responsibility for the deletion, the failure to store, or failed or untimely delivery of any information or material. We disclaim any responsibility for any harm resulting from accessing information or material on the Internet using Loudr. The Services are provided on an "as is" and "as available" basis. re:discover, Inc. and its subsidiaries, affiliates, officers, employees, agents, partners, and licensors expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
b) re:discover, Inc. and its subsidiaries, affiliates, officers, employees, agents, partners, and licensors make no warranty that the Services will meet your requirements; the Services will be uninterrupted, timely, secure, or error-free; the result that may be obtained from the use of the Services will be accurate or reliable; the quality of any products, services, information, or other material purchased or obtained by you through the Services will meet your expectations; or that any errors in the software will be corrected.
c) Any material downloaded or otherwise obtained through the use of the Loudr is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
d) We hereby disclaim all warranties, express or implied, with respect to Loudr including, without limitation, any warranty of merchantability or fitness for a particular use. No advice or information, whether oral or written, obtained by you from re:discover, Inc. or through or from the Services shall create any warranty not expressly stated in the Terms.
In the event a dispute shall arise between the parties to these Terms, the parties agree to participate in at least four hours of mediation in accordance with the mediation procedures of United States Arbitration & Mediation, and agree to share equally in the costs of the mediation.
This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to the conflicts of laws principles thereof. The parties hereby consent to the exclusive jurisdiction of and venue in the federal and state courts located in the State of California.
We reserve the right to revise this policy at any time, including by posting a new version at this website. You shall be responsible for reviewing and becoming familiar with any such modifications. Your use of the Services following such notification constitutes your acceptance of the terms and conditions of this Agreement as modified.
You represent and warrant that you have the right and authority to enter into this Agreement. You also hereby accept any and all liability for the failure to have or obtain all necessary licenses, rights, clearances, consents, waivers, permissions, and authorization with respect to the Content (including, without limitation, rights from all featured and non-featured vocalists and musicians appearing in the Content, all authors of the works embedded in the Content, any producers, engineers, or crew who participated in the creation of the Content, and any other third party who may have rights in the Content), to upload the Content to the Services, and to grant to us the rights described in these Terms, and agree to defend and indemnify us and our affiliates against any expenses or losses resulting from such failure, including reimbursement of reasonable attorneys’ fees and litigation expenses. Any settlement shall be subject to our prior written approval. If a claim is made we shall have the right, in our discretion, to remove the Content from the Services. Please note, that by clicking the “Agree” button below, you are agreeing in writing to the terms and conditions set forth herein.
Any questions you may have or requests to discuss individual account needs may be sent to email@example.com.
Last Updated -- 1/21/2015