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Last updated: 2024-1-1
The Loop Creator Empowerment Platform and associated websites, (loopworldwide.com, loopvive.com, askloopai.com, iloop.us, among others. (collectively "Loop"), are owned and operated by MKO Advisors, LLC, a limited liability company organized under the laws of Delaware ("MKO"). Throughout Loop, the terms "we," "us," and "our" refer exclusively to MKO. MKO provides Loop, including all information, tools, and services available on the aforementioned websites, to you the user. Your access to and use of Loop is conditioned on your acceptance of all terms, conditions, policies, and notices stated herein.
By visiting our site(s) and/ or transacting and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site(s), including without limitation users who are browsers, vendors, creators, customers, fans, subscribers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our websites and apps. By accessing or using any part of the websites and apps, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the apps and websites or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools that are added to the current platform shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, modify, change, or replace any part of these Terms of Service by posting updates and/or changes to our website(s). It is your responsibility to check this page periodically for changes. Your continued use of or access to the apps and websites following the posting of any changes constitutes acceptance of those changes.
Platform Terms
In return for our commitment to provide the Service, we require you to make the below commitments to us.
Who Can Use Loop? We want our Service to be as open and inclusive as possible, but we also want it to be safe, secure, and in accordance with the law. So, we need you to commit to a few restrictions in order to be part of the Loop community.
You must be at least 13 years old.
You must not be prohibited from receiving any aspect of our Service under applicable laws or engaging in payments-related Services if you are on an applicable denied party listing.
We must not have previously disabled your account for violation of law or any of our policies.
You must not be a convicted sex offender.
Loop Policies
Providing a safe and open Service for a broad community requires that we all do our part.
You can't impersonate others or provide inaccurate information.
As long as you are NOT a verified Creator, you don't have to disclose your identity on Loop, but you must provide us with accurate and up-to-date information (including registration information i.e. verified email address), which may include providing personal data. Also, you may not impersonate someone or something you aren't, and you can't create an account for someone else unless you have their express permission.
You can't do anything unlawful, misleading, fraudulent, or for an illegal or unauthorized purpose.
You can't violate (or help or encourage others to violate) these Terms or our policies, including in particular Loop’s Guidelines, Developer Policies, and other Guidelines.
You can't do anything to interfere with or impair the intended operation of the Service. This includes misusing any reporting, dispute, or appeals channel, such as by making fraudulent or groundless reports or appeals.
You can't attempt to create accounts or access or collect information in unauthorized ways. This includes creating accounts or collecting information in an automated way without our express permission.
You can’t sell, license, or purchase any account or data obtained from us or our Service. This includes attempts to buy, sell, or transfer any aspect of your account (including your username); solicit, collect, or use login credentials or badges of other users; or request or collect The Loop Platform usernames, passwords, or misappropriate access tokens.
You can't post someone else’s private or confidential information without permission or do anything that violates someone else's rights, including intellectual property rights (e.g., copyright infringement, music infringement, trademark infringement, counterfeit, or pirated goods).
You may use someone else's works under exceptions or limitations to copyright and related rights under applicable law. You represent your own or have obtained all necessary rights to the content you post or share.
You can’t modify, translate, create derivative works of, or reverse engineer our products or their components.
You can't use a domain name or URL in your username without our prior written consent.
Permissions You Give to Us. As part of our agreement, you also give us the permissions that we need to provide the Service.
We do not claim ownership of your content, but you grant us a license to use it.
Nothing is changing about your rights in your content as the Creator. You maintain full ownership of the content that you post on or through the Service and you as a Creator are free to share your content with anyone else, wherever you want. However, we need certain legal permissions from you (known as a “license”) to provide the Service while your content resides on our platform. When you share, post, or upload content that is covered by intellectual property rights (like photos or videos) on or in connection with our Service, you hereby grant us a non-exclusive, royalty-free, worldwide license to host, use, showcase, present, run or display, translate your content (consistent with your privacy and application settings). This license is only active while your content resides on our platform and will end when your content is deleted from our systems. As the Creator, you can delete content individually or all at once by deleting your account. To learn more about how we use information, and how to control or delete your content, review the Privacy Policy and visit Loop’s Help Page.
Additional Rights We Retain
If you select a username or similar identifier for your account that is deemed offensive, we reserve the right to take appropriate or necessary (for example, if it infringes someone's intellectual property or impersonates another user) steps to delete, report, and or modify these identifiers.
You can only use our intellectual property and trademarks or similar marks as expressly permitted by our Brand Guidelines or with our prior written permission.
Content Removal and Disabling or Terminating Your Account
We can remove any content or information you share on the Service if we believe that it violates these Terms of Use, our policies (including our Loop Application Platform Guidelines), or we are permitted or required to do so by law. We can refuse to provide or stop providing all or part of the Service to you (including terminating or disabling your access to The Loop Application Platform products, websites, and applications immediately to protect our community or services, or if you create risk or legal exposure for us, violate these Terms of Use or our policies (including Loop’s Application Platform Guidelines). If you repeatedly infringe on other people's intellectual property rights, or where we are permitted or required to do so by law. We can also terminate or change the Service, remove or block content or information shared on our Service, or stop providing all or part of the Service if we determine that doing so is reasonably necessary to avoid or mitigate adverse legal or regulatory impacts on us. If you believe your account has been terminated in error, or you want to disable or permanently delete your account, consult our Help Center. When you request to delete content or your account, the deletion process will automatically begin no more than 30 days after your request. It may take up to 90 days to delete content after the deletion process begins. While the deletion process for such content is being undertaken, the content is no longer visible to other users but remains subject to these Terms of Use and our Privacy Policy. After the content is deleted, it may take us up to another 90 days to remove it from backups and disaster recovery systems.
Content will not be deleted within 90 days of the account deletion or content deletion process beginning in the following situations:
where your content has been used by others in accordance with this license and they have not deleted it (in which case this license will continue to apply until that content is deleted); or
where deletion within 90 days is not possible due to technical limitations of our systems, in which case, we will complete the deletion as soon as technically feasible; or
where deletion would restrict our ability to:
investigate or identify illegal activity or violations of our terms and policies (for example, to identify or investigate misuse of our products or systems);
protect the safety and security of our products, systems, and users;
comply with a legal obligation, such as the preservation of evidence; or
comply with a request of a judicial or administrative authority, law enforcement, or a government agency;
in which case, the content will be retained for no longer than is necessary for the purposes for which it has been retained (the exact duration will vary on a case-by-case basis). If you delete or disable your account, these Terms shall terminate as an agreement between you and us, but this section and the section below called "Our Agreement” will still apply even after your account is terminated, disabled, or deleted.
Our Agreement
Your use of music on the Service is also subject to our Music Guidelines, and your use of our API is subject to our Loop Application Platform Terms and Developer Policies. If you use certain other features or related services, you will be provided with an opportunity to agree to additional terms that will also become a part of our agreement. For example, if you use payment features, you will be asked to agree to the Community Payment Terms. If any of those terms conflict with this agreement, those other terms will govern.
If any aspect of this agreement is unenforceable, the rest will remain in effect.
Any amendment or waiver to our agreement must be in writing and signed by us. If we fail to enforce any aspect of this agreement, it will not be a waiver.
We reserve all rights not expressly granted to you.
Our past, present, and future affiliates and agents, including Loop, can invoke our rights under this agreement in the event they become involved in a dispute. Otherwise, this agreement does not give rights to any third parties.
You cannot transfer your rights or obligations under this agreement without our consent.
Our rights and obligations can be assigned to others. For example, this could occur if our ownership changes (as in a merger, acquisition, or sale of assets) or by law.
Our Service is provided "as is," and we can't guarantee it will be safe and secure or will work perfectly all the time. TO THE EXTENT PERMITTED BY LAW, WE ALSO DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
We also don’t control what people and others do or say, and we aren’t responsible for their (or your) actions or conduct (whether online or offline) or content (including unlawful or objectionable content). We also aren’t responsible for services and features offered by other people or companies, even if you access them through our Service.
Our responsibility for anything that happens on the Service (also called "liability") is limited as much as the law will allow. If there is an issue with our Service, we can't know the possible impacts. You agree that we won't be responsible ("liable") for any lost profits, revenues, information, or data, or consequential, special, indirect, exemplary, punitive, or incidental damages arising out of or related to these Terms, even if we know they are possible. This includes when we delete your content, information, or account. Our aggregate liability arising out of or relating to these Terms will not exceed $100.
You agree to defend (at our request), indemnify, and hold us harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney's fees and costs, arising out of or in any way connected with these Terms or your use of the Service. You will cooperate as required by us in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without our prior written consent.
How Loop will handle disputes
Except as provided below, you and we agree that any cause of action, legal claim, or dispute between you and us arising out of or related to these Terms or The Loop Application Platform ("claim(s)") must be resolved by arbitration on an individual basis. Class actions and class arbitrations are not permitted; you and we may bring a claim only on your own behalf and cannot seek relief that would affect other The Loop Application Platform users. If there is a final judicial determination that any particular claim (or a request for particular relief) cannot be arbitrated in accordance with this provision's limitations, then only that claim (or only that request for relief) may be brought in court. All other claims (or requests for relief) remain subject to this provision.
Instead of using arbitration, you or we can bring claims in your local "small claims" court, if the rules of that court will allow it. If you don't bring your claims to small claims court (or if you or we appeal a small claims court judgment to a court of general jurisdiction), then the claims must be resolved by binding, individual arbitration. The American Arbitration Association will administer all arbitrations under its Consumer Arbitration Rules. You and we expressly waive a trial by jury.
The following claims don't have to be arbitrated and may be brought in court: disputes related to intellectual property (like copyrights and trademarks), violations of our Platform Policy, or efforts to interfere with the Service or engage with the Service in unauthorized ways (for example, automated ways). In addition, issues relating to the scope and enforceability of the arbitration provision are for a court to decide.
This arbitration provision is governed by the Federal Arbitration Act.
You can opt out of this provision within 30 days of the date that you agreed to these Terms. To opt out, you must send your name, residence address, username, email address or phone number you use for your Loop account, and a clear statement that you want to opt out of this arbitration agreement, and you must send them here: Loop International Corporation ATTN: Loop International Corp. 191 Main Street, Suite 120 Port Washington, NY 11050. Before you commence arbitration of a claim, you must provide us with a written Notice of Dispute that includes your name, residence address, username, email address or phone number you use for your The Loop Application Platform account, a detailed description of the dispute, and the relief you seek. Any Notice of Dispute you send to us should be mailed to Loop International Corp., ATTN: Loop International Corp. 191 Main Street, Suite 120. Port Washington, NY 11050. Before we commence an arbitration, we will send you a Notice of Dispute to the email address you use with your The Loop Application Platform account, or other appropriate means. If we are unable to resolve a dispute within thirty (30) days after the Notice of Dispute is received, you or we may commence arbitration.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A BREACH OR VIOLATION OF THE TERMS WILL RESULT IN AN IMMEDIATE TERMINATION OF YOUR SERVICES.
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
We are not responsible if the information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only. It should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
Prices for our products and services are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time
We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.
We may provide you with access to third-party tools over which we neither monitor nor have any control or input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
Certain content, products, and services available via our Service may include materials from third parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We reserve the absolute right, at our sole discretion, to monitor, review, edit, refuse, remove, or delete any content uploaded or posted to the platform by any user that we determine violates these Terms of Service, infringes any intellectual property rights, or is otherwise unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or objectionable. We shall have no liability to any user for exercising these rights. All users hereby consent to such monitoring, review, and removal, and waive any claim or cause of action relating to the same. We make no guarantee that we will edit, refuse, remove, or delete content even if it violates these Terms. Our decisions in this regard are final.
You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.
Your submission of personal information through our platform and associated websites is governed by our Privacy Policy. Click here to view our Privacy Policy
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend, or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall MKO Advisors, “Loop”, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
You agree to indemnify, defend and hold harmless Qdev Techs and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
Any suspected illegal acts or violations of these Terms of Service by a user prior to their account termination shall survive termination. The user remains liable for any unlawful activity or contractual breaches that occurred while an account holder, even if discovered after termination. We reserve the right to cooperate with authorities and pursue legal action against any former account holder for violations of law or these Terms that arose during account ownership. Termination does not absolve users of responsibility for their actions or conduct while an account holder. The user's indemnity obligations, consents, and waivers provided herein likewise survive termination.
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws in the State of New York, USA.
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Furthermore and in addition, you the user, will abide by the following Fan & Creator Agreement.
Fan & Creator Agreement
The Standard Contract between Fan and Creator ("this agreement") sets out the terms that govern each transaction between a Fan/Subscriber and a Creator on the Loop platform operated by MKO Advisors LLC.
Loop and MKO Advisors LLC are not parties to any Fan/Creator Transaction. Neither Loop nor MKO Advisors LLC has any liability arising from or related to any dispute between a Fan and Creator.
Interpretation: In this agreement, defined terms have the following meanings:
a. "Loop" means the website accessed via the URL Loop / MKO Advisors, LLC or via any web browser;
b. "Content" means any material uploaded to Loop by any User (whether a Creator or a Fan), including any photos, videos, audio (for example music and other sounds), live stream material, data, text (such as comments and hashtags), metadata, images, interactive features, emojis, GIFs, memes, and any other material whatsoever;
c. "Creator" means a User who has set up their Loop account as a Creator account to post Content on Loop to be viewed by other Users;
d. "Fan" means a User who follows or subscribes to a Creator and is able to view the Creator's Content;
e. "Referring User" means a User who participates in the Loop Referral Program;
f. "Fan/Creator Transaction" means any transaction between a Fan and a Creator on Loop by which access is granted to the Creator's Content in any of the following ways: (i) a Subscription, (ii) payments made by a Fan to view a Creator's pay-per-view Content (pay-per-view media and pay-per-view live stream), and (iii) payments made by a Fan to use the fan interaction function on a Creator's account;
g. "Fan Payment" means (i) any and all payments made by a Fan in respect of any Fan/Creator Transaction, and (ii) any and all tips;
h. "LFF” means the Loop fee charged by MKO Advisors, LLC to Creators in accordance with Loop’s Terms of Service;
i. "Subscription" means a subscribing fan's monthly subscription to a Creator's account;
j. "Tax" shall include all forms of tax and statutory, governmental, state, federal, provincial, local government or municipal charges, duties, imposts, contributions, levies, withholdings, or liabilities wherever chargeable and whether of the USA or any other jurisdiction.
Pricing and payment:
By entering into a Fan/Creator Transaction, the Fan and Creator agree that neither Loop nor MKO Advisors LLC have any liability related to the pricing, payments, or any disputes arising therefrom. The Fan and Creator hold Loop/MKO Advisors LLC harmless from any claims or liability related to pricing, payments, refunds, or chargebacks. By entering into a Fan/Creator Transaction, the Fan agrees to pay the Fan Payment applicable to the relevant Fan/Creator Transaction in accordance with the pricing published in the Creator's account plus any VAT that is applicable. The Fan and Creator participating in the Fan/Creator Transaction authorize Loop LLC or any of its subsidiaries to act as a payment intermediary and to collect, hold, and process the Fan Payment and any applicable VAT, or tax to deduct the LFF Fee, and to pay out the sums due to Creators and (if applicable) Referring Users, as described in the Loop Terms of Service.
License of Content:
The Fan and Creator acknowledge that neither Loop nor MKO Advisors LLC have any liability arising from or related to the Content licensing terms as between Fan and Creator. Once the Fan has made the Fan Payment for a Fan/Creator Transaction, the Creator grants to the Fan a limited license to access the applicable Content of that Creator to which the Fan/Creator Transaction relates (the "Relevant Content"). This license is non-transferable, non-sub-licensable, and non-exclusive, and permits the Fan to access and view the Relevant Content on the Fan's personal device and via a normal web browser (and to make a temporary copy of such Content only to the extent that this is an incidental and technical process forming part of the Fan's accessing the Content (i.e. caching), in accordance with the Loop LLC TOS.
Ownership of Content:
The Fan and Creator agree not to involve Loop/MKO Advisors LLC in any disputes over ownership of Content.The Fan participating in the Fan/Creator Transaction acknowledges and agrees that the license of the Relevant Content provided in section 6 of this agreement does not result in the Fan acquiring any rights in or to the Relevant Content, which rights shall be retained by the Creator of the Relevant Content. Creators own their content. Fans do not.
Expiration of License and Access:
The Fan and Creator agree not to hold Loop/MKO Advisors LLC liable for any disputes arising from the expiration of a Content license. The license granted to a Fan in relation to the Relevant Content will expire automatically without notice in the following circumstances:
a. if the Fan Payment related to the Fan/Creator Transaction was unsuccessful, or is charged back or reversed for any reason;
b. in respect of Subscriptions, at the end of the subscription period, unless the Subscription is configured to automatically renew as described in section 8(g) of the Loop Terms of Service
c. if the Fan's User account is suspended or terminated for any reason;
d. if the Fan acts in breach of the Loop Community Guidelines Or TOS (whether in relation to the Relevant Content or at all);
e. if the Content is removed by the Creator from the Creator's account;
f. if the Fan closes their Loop User account.
Cancellation and Refunds:
The Fan and Creator agree not to involve Loop/MKO Advisors LLC. In any disputes over cancellation or refunds.In respect of every Fan/Creator Transaction:
a. The Fan acknowledges that the Fan/Creator Transaction will result in a supply of the deemed relevant Content to the Fan before the end of the period of 30 days from the date when the Fan/Creator Transaction is entered into, and the Fan gives his or her express consent to this and confirms to the Creator that he or she is aware that any statutory right to cancel the Fan/Creator Transaction which the Fan has under the Consumer Rights Act 2015 or any other applicable law will therefore be lost.
b. This agreement does not affect any statutory right to receive a refund from the Creator which a Fan may have under the Consumer Rights Act 2015 or any other applicable law.
Obligations between Creator and Fan:
The Fan and Creator agree that neither Loop nor MKO Advisors LLC have any obligations arising from or related to the Relevant Content. The Fan and Creator shall not hold Loop/MKO Advisors LLC liable for any disputes between the Fan and Creator related to the Relevant Content.
In respect of every Fan/Creator Transaction:
a. The Fan and the Creator participating in the Fan/Creator Transaction agree to comply at all times with the Loop Terms of Service in relation to the Relevant Content, including when accessing, viewing, and interacting with it.
b. The Fan participating in the Fan/Creator Transaction agrees to make the Fan Payment required to access, view or interact with the Relevant Content and agrees not to initiate a chargeback other than if the Fan disputes the Fan/Creator Transaction in good faith.
c. The Creator participating in the Fan/Creator Transaction agrees to make the Relevant Content available to the Fan once the Fan has made the Fan Payment applicable to the Relevant Content.
d. The Creator warrants (makes a legally enforceable promise) that it possesses all necessary rights in and to the Relevant Content sufficient to license it to the Fan in the territory in which the Fan will be accessing the Relevant Content, and has obtained any and all permissions and/or legal documentation or consents as needed.
e. The Creator is solely responsible for creating and uploading the Relevant Content. The Creator provides no guarantees that they will continue to create and upload Relevant Content on an ongoing basis.
f. Unless there has been negligence or other breach of duty by the Creator, the accessing by the Fan of the Creator's Content is entirely at the Fan's own risk.
No Guarantees:
The Fan and Creator acknowledge and agree that neither Loop nor MKO Advisors LLC makes any guarantees about accessibility, availability, or sufficiency of Relevant Content. The Fan and Creator shall not involve Loop/MKO Advisors LLC in any claims related to Relevant Content.
The Fan participating in the Fan/Creator Transaction acknowledges that:
Creators may add and remove Content at any time from their Creator account at the creator’s sole discretion, and Creators have the discretion to decide what sort of Content to make available on their account.
In addition, the Fan participating in the Fan/Creator Transaction acknowledges that there may be circumstances where it is not possible for the Fan to access Relevant Content to be provided under the Fan/Creator Transaction, including:
a. if the Creator's account is suspended or deleted;
b. if the Fan's account is suspended or deleted;
c. if the availability of all or any part of the Loop site(s is suspended or inaccessible; or
d. if the Creator is unable to create or upload Relevant Content in the future.
Terms Related to Disputes:
Any disputes arising under this agreement are solely between the Fan and Creator. Neither Loop nor MKO Advisors LLC shall be parties to any such disputes. This agreement is governed by The United States of America laws and will apply to any claim that arises out of or relates to this agreement.
When does this agreement apply?
Each time a Fan/Creator Transaction is initiated on Loop, this Standard Contract between Fan and Creator will apply to the exclusion of any other terms that the Fan or Creator may propose, and this Standard Contract between Fan and Creator will legally bind the Fan and Creator participating in the Fan/Creator Transaction.
Terms Related To Disputes: Governing Law and Jurisdiction:
a. This agreement shall be governed by and construed in accordance with the laws of the State of New York, United States of America, without regard to conflict of laws principles.
b. Any dispute, controversy, or claim arising out of or relating to this agreement shall be subject to the exclusive jurisdiction of the Nassau County Supreme Court, located in Nassau County, New York. Each party irrevocably submits to the personal jurisdiction of the Nassau County Supreme Court and waives any objections on the grounds of venue or forum non-convenient or any similar grounds.
c. Notwithstanding the foregoing, any party may seek interim or permanent injunctive relief or other equitable remedies in any court of competent jurisdiction to protect its intellectual property or confidential information.
When does this agreement apply?
Each time a Fan/Creator Transaction is initiated on Loop, this Standard Contract between Fan and Creator will apply to the exclusion of any other terms that the Fan or Creator may propose. This agreement legally binds only the Fan and Creator participating in the Fan/Creator Transaction. Neither Loop nor MKO Advisors LLC are bound by or liable for any terms of this agreement.
not agree to any of these Terms, do not use this Site or any services offered by this Site.