Welcome to Loudr, a distribution service and platform for audio content.
The following terms and conditions ("Terms") govern your use of the Loudr website located at www.loudr.fm and your use of any and all applications, products, platform/technical integrations, subscriptions, graphics, audio, video, images and any other content displayed on or accessed through Loudr, regardless of whether accessed through www.loudr.fm or a third-party platform (the "Service" or "Services").
Your access to Loudr is subject to the Terms outlined here and subject to change, suspension, modification or discontinuation at any time, and we reserve the right to update and change the Terms of Service by posting updates and changes to this website. Any new features or tools which are added to the current Service shall be also subject to the Terms of Service. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you.
Description of The Service
Loudr is an integrated online service that enables content owners to sell and market music and other content to consumers and third-party users. Through our platform, we offer content owners a unique way to promote, distribute and monetize their content, and provide consumers with seamless online shopping and content fulfillment experiences.
Our Service is used to sell, distribute and otherwise make available content owned and uploaded by third party rights holders to the Loudr platform. We developed Loudr to provide a monetization tool for content owners, and are committed to protecting the rights of the artists, songwriters, and creators distributed through our platform. Other than duly licensed content, the copyrights to the material made available and sold through Loudr are owned by the users who have posted the material. Please note that Loudr is not paid for, responsible for or involved with the production or distribution of anything made available through our platform. We are paid by content owners for the use of our technology platform, which facilitates the sale of content, and not for content itself.
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, but make it our top priority to remove infringing, defamatory, offensive or abusive content upon request. You can visit our Copyright Policy page to learn more about how we deal with copyrighted material and to read about our compliance with the Digital Millennium Copyright Act.
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.
Our Intellectual Property
We own and retain all right, title and interest in and to the Service, 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 and accompanying databases. 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 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 Service.
To use Loudr, you must be an individual (i.e., not a corporation) and have reached the age of majority in the state in which you reside, 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. In no event can anyone under the age of 18 use Loudr.
You may not use the Loudr for any illegal or unauthorized purposes. You may not use the Service 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 or bots, except for the purpose of facilitating access to content that you have purchased. You also understand that by using the Service 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.
Our Service may provide you with the ability to post comments or share content (“User Content”). You grant to us and to our users a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, store, display, reproduce, modify, create derivative works, perform, and distribute your User Content on Loudr solely for the purposes of operating, developing, providing, and using our Services. In addition, you represent, warrant and agree that you own or have all licenses and rights to use and to authorize Loudr to enable, use, display, and distribute User Content. We reserve the right to remove any material you post at any time and for any reason.
You hereby agree to comply with 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 violative of a third parties 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. For content owners, pricing schedules for our distribution platform can be accessed through your account in the Pricing section of this site. Please note that prices are subject to change at our discretion and are also subject to the terms of the content Owner Agreement.
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 the features of the premium application, you must create and/or log 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, Twitter, Last.fm.
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. Loudr reserves the right to reclaim usernames on behalf of businesses or individuals that hold legal claim or trademark on those usernames.
Limitations of Liability
The Service 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 its platform, including without limitation User Content. You further acknowledge and agree that we shall not be responsible for or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with 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:
- The use or the inability to use the Service
- The costs of procurement of substitute costs goods and services purchased or obtained or messages received or transactions entered into through or from the Service
- Unauthorized access to or alteration of your transmissions or data
- Statements or conduct of any third party on the Service
- Any other matter relating to the Service
Disclaimer of Warranties
You expressly understand and agree that:
a) your use of the of the Service 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 Service is 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 Service will meet your requirements; the Service will be uninterrupted, timely, secure or error-free; the result that may be obtained from the use of the Service will be accurate or reliable; the quality of any products, services, information or other material purchased or obtained by you through the Service 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 m 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 Service shall create any warranty not expressly stated in the Terms.
You agree to indemnify and hold re:discover, Inc. and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claims, losses, damages and expenses, including court costs and reasonable attorneys fees, made by any third party due to or arising out of links you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of the Terms of Service, or your violation of any rights of another party.
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. The parties 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.
Revision of Terms
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.