Terms & Conditions

 

LEGAL

TERMS & CONDITIONS

Welcome to Loudsurf! Our music social network enables users to connect with each other through music. Users can create a wave (a selection of favourite songs) and the find other users with a common interest. Unlike most social platforms, Loudsurf is a platform for music fans so we prioritise user-focused information and promotional content. We also offer comprehensive and actionable data for artists and influencers.

We also want Loudsurf to be a place where everyone can feel safe. Therefore, when you create an account with us or use Loudsurf, you agree to these terms and conditions, which include some important rules about how you can use Loudsurf, and the content you post.

Summary of key terms and conditions

You should read the full Terms and conditions below as they are a legally binding contract. Here is a summary of their key parts:

Terms and conditions

These terms and conditions apply to all use of the Loudsurf apps (including any updates) (Loudsurf or Applications) on any device and / or platform. These terms and conditions also apply to any of the services accessible through any Application, unless separate or additional terms apply, in which case they will be displayed on-screen or accessible via a link. The Applications are provided by Loudsurf Ltd trading as Loudsurf (we, us and our). By downloading, accessing and/or using any Application, you accept and agree to be legally bound by these terms and conditions as a binding contract between us and you. If you do not agree to all of these terms and conditions, you may not access or use any Application.

We may change these terms and conditions by notifying you (with the updated terms and conditions being displayed on-screen or with a link to the updated terms and conditions) when you next start the Application and your continued use of Loudsurf will indicate your agreement to those changes. These terms and conditions were last updated on 29 July 2016.

1. Types Of Accounts

Loudsurf offers a single type of account. When you register on Loudsurf, you will be set up with a user account. You won’t have to pay to use your account, and we won’t pay you either. You accept, however, that we may place advertising on Loudsurf pages that you create, as well as around your content or profile on Loudsurf.

Your account is personal to you and you shouldn’t give out your password or allow other people to use your account. You can only create one account using your email, or social sign up, but you can log in to that account from as many devices as you like.

2. Age Restrictions

To use the Loudsurf platform you must be at least 16.

3. Our Policies

To keep our community a friendly, safe and engaging place, and make sure that everyone is using Loudsurf in a way that respects other users, you must follow the Community Guidelines.

We collect data from you as part of the signup process and during your use of Loudsurf, but we will always respect your privacy rights, and comply with our Privacy and Cookie Policy. By creating your account, you also agree to comply with the Privacy and Cookie Policy.

4. Suspension And Termination

We can suspend or take down any account for any reason, such as a breach of these terms and conditions (or any of our Policies). However, we will try to let you know in advance that we intend to do so where this is practically possible. If we disable your account, you may not create another one without our permission. All rights granted to you under these terms and conditions will cease in the event that you are in breach of any of them.

5. Access

Applications may only be downloaded, accessed and used on your own device or a device you have permission to use. You accept responsibility for all use of any Application by you on any device. Any mobile service provider which you use to download, or which you use for access to, any Application may charge for internet access (including mobile data usage) on that device.

You must treat your log-on password as confidential and not reveal it to anyone else. You are responsible for all activities that occur under your log-on ID and must notify us immediately of any unauthorised use of which you become aware. We reserve the right to disable any account at any time.

6. User Content

You are responsible for everything you post on Loudsurf (User Content) and for ensuring that it complies with our Community Guidelines.

You must ensure you have full permission and rights to post all your User Content (including from anyone included in an image or video) and to license it to us.

You must not post any User Content that is illegal, pornographic, threatening, misleading, libellous, obscene, racist, homophobic, hateful, discriminatory or infringing of any intellectual property, privacy or other rights, or any User Content that promotes violence, terrorism or other criminal activity, includes confidential information of others, or includes any viruses of any kind.

You will indemnify us for any losses of any kind (including reasonable legal fees) arising out of any claims brought against us or any of our affiliates relating to any of User Content you upload.

We do not control the content that other users post and we are not responsible for the behaviour of other users. Any information, opinions or reviews posted are the views of their author and not our views. We will attempt to remove or edit as quickly as reasonably practicable any material which we consider does not comply with our Community Guidelines that is brought to our attention, but you acknowledge that we do not pre-screen User Content and you may therefore view content that you find objectionable. We may delete, edit or modify any User Content or close any discussion topic, at any time without notice.

Please ensure you have read and understood our Community Guidelines for the full rules on User Content. It’s not possible to work out what will be acceptable in every situation, so while we will always be sensible, our decision on content will always be final.

7. Profile And Group Names

We can remove or change any profile or group name that you choose on Loudsurf (for example, if you choose a name other than your own that is confusingly similar to someone else’s trademark).

Please see our Community Guidelines for more detail as to rules on profile and group names, including use of pseudonyms.

8. Intellectual Property Rights

We are the owners of Loudsurf and all Applications and license to you their use as permitted by these terms and conditions. All intellectual property rights in Loudsurf and the Applications and in their respective content (including text, graphics, software, images, videos, sound, trademarks and logos), other than your User Content, are owned by us or our licensors. If you copy pages from Loudsurf, you must ensure that any copyright, trade mark or other intellectual property right notices contained in the original content are reproduced.

For the purposes of operating and providing Loudsurf, you grant us and our affiliates a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, transferrable and sub-licensable, right and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display all your User Content (in whole or part) and/or to incorporate it in other works in any form, media or technology (including allowing others to do so via any APIs we make available), and you waive any moral rights you may have in, or to be identified as the author of, User Content. By using Loudsurf you give us permission to share your User Content in accordance with your privacy settings across the service and to enable us to operate your account. For more details on your privacy rights, see our Privacy and Cookie Policy.

You will indemnify us for any losses of any kind (including reasonable legal fees) arising out of any claims brought against us or any of our affiliates relating to any of User Content you upload.

You may download and access any Application on a computer or mobile device and store that Application in electronic form incidentally in the normal course of use of your browser or mobile device. Additional terms may also apply to certain features, parts or content of any Application and, where they apply, they will be displayed on-screen or accessible via a link. You may not republish, redistribute or re-transmit any Application, copy or store any Application other than for your own use and as permitted by these terms and conditions, create a database by systematically downloading and storing any data from any Application, attempt to circumvent security or interfere with the proper working of any Application, or use any Application in a way that might damage our name or reputation.

We are grateful for any feedback on our products and services that you provide to us. By providing suggestions to us, you agree that we are able to use them and incorporate them into our Applications and services without any obligation to you.

9. Changes And Updates

We may change the design, features and/or functionality of any Application by making the updated Application available for you to download or, where your device settings permit it, by automatic delivery of updates. You do not have to download any updated Application, but if you don’t that may affect your ability to use all functions of an Application and in some circumstances you may not be able to continue using an Application until you have downloaded the updated version. Where an Application makes content available, that content may be updated at any time. We reserve the right to cease to provide and/or update content to any Application, with or without notice to you, if we need to do so for security, legal or any other reasons.

10. Our Liability

We provide our Applications to you ‘as is’ and ‘as available’, and at your sole risk. To the fullest extent permitted by law, we accept no liability for any loss or damage of any kind incurred as a result of you or anyone else relying on the use or content of any Application.

We are not able to guarantee that all parts of the Applications will be available or error-free at all times, or that any content on Loudsurf will be free from viruses and/or other code that may have contaminating or destructive elements. It is your responsibility to implement appropriate security safeguards (including anti-virus and other security checks). We do not give any guarantee or promise about the accuracy, completeness, currency, correctness, reliability, integrity, quality or originality of any content of any Application.

We will not be liable (for any reason) for any loss of profit, revenue or business, loss of customers or contracts, loss of or damage to reputation or goodwill, or any indirect or consequential loss arising out of or relating to your use of Loudsurf, even if such loss was foreseeable or known. To the fullest extent permitted by law, all implied warranties, conditions or other terms of any kind are excluded.

Subject to the above, any liability we do have for losses you suffer is strictly limited to losses that were reasonably foreseeable and shall not, in aggregate, exceed the sum of £1,000.

11. External Links

Certain Applications may include links to external sites to provide you with access to information, products or services that you may find useful or interesting. We are not responsible for the content of these sites or for anything provided by them and do not guarantee that they will be continuously available. Any such links to external sites do not imply any endorsement by us of, or association with, their operators or promoters.

12. Other Terms

You must ensure that any registration details you provide are accurate. You must ensure that your device is capable of accessing Loudsurf. We may change the format and content of Loudsurf from time to time.

These terms and conditions, and all your uses of Loudsurf, are governed by English law and you agree to the exclusive jurisdiction of the English courts in relation to any dispute, but we are also entitled to apply to any court worldwide to protect or enforce our intellectual property rights.

You may not transfer or assign any or all of your rights or obligations under these terms and conditions. All notices given by you to us must be given in writing to the address set out in these terms and conditions. If we fail to enforce any of our rights, that does not result in a waiver of that right, and if any part of these terms and conditions is found to be unenforceable, all other provisions shall remain unaffected. These terms and conditions may not be varied except with our express written consent.

13. Additional Terms From Third Party Platform Providers

Third party application stores are operated by the relevant third party platform providers and/or their affiliates. You must comply with all applicable terms of service, rules and policies applying to any third party application store from which you download any Application. We are not responsible for these stores or (with the exception of the Applications) for anything provided by them and do not guarantee that they will be continuously available. However we are required to include the following terms if any Application that you download, access and/or use runs on Apple’s iOS operating system:

14. Our Details, And Contacting Us

We are a limited company, registered in England. Our registered address is at 44 Jutland Cresent, Andover,  SP10 4NB.