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Loop Privacy Policy

Last updated on October 10, 2014

Welcome to Loop. We've put together this Privacy Policy to describe our collection, use and disclosure of information from users of our software application (the "Loop Application"), our website(s) and any other services we offer (collectively the "Services"). When using any of our Services you consent to the collection, disclosure and other uses of your information described below. We're constantly improving things at Loop, and our Privacy Policy may be updated from time to time. We will not make important changes to the Privacy Policy without providing advance notice of those changes through our Services.

Information We Collect

Registration Information. If you sign up for a Loop Account, we ask you to provide us with personal information, such as your name, username, password, photo and email address. We may also ask you to personalize your user experience with other information such as your location, and your individual preferences. This information collectively is referred to as "Registration Information." Some of this information, for example, your name and username, will be listed publicly on our Services, including in search results.

User IDs and Device IDs. When you install the Loop Application, we create a unique identification number associated with that installation of the software ("User ID"), we may also collect and store a unique device ID associated with your particular device ("Device ID"). If you have a Loop Account, we will associate your User ID or your Device ID with your Registration Information.

Usage Information. We also collect information about how you use our Services, including how you view and interact with content, the parts of our Services that you use, themes and backgrounds you search for or view, and actions you take such as uploading photos, uploading information, methods you use to communicate with others.

Log Data. When you use our Services, we automatically record information about your use ("Log Data"). This Log Data may include information such as your computer's or mobile device's Internet Protocol ("IP") address, browser type, the webpage you were visiting before you came to our Site, pages of our Site that you visit, app and website access times and dates, location and other statistics.

Information Regarding Your Social Networking Services ("SNSs"). As a Loop user, you can interact with and use SNSs, such as Facebook and Twitter. To do so, you must provide Loop with your account credentials (typically username and password) for an SNS. When you choose to access an SNS via the Services, Loop may collect from the SNS your address, gender, user ID, list of friends and any information you've chosen to make public through the SNS. Depending on the SNS you choose to utilize via the Services and in accordance with the privacy settings you have set in your SNS account, you can post information to your SNS account via the Services, and information you have posted to an SNS will be available via the Services. For example, via the Loop Application you can access and log in to your Facebook account by entering your Facebook account credentials through "Facebook Connect" and interact with your Facebook account via Loop. We encourage you to read the privacy policies and other statements of the SNSs you use. You can disable the connection between your Loop Application and an SNS you've chosen to access at any time via the "Accounts" section of the "Content Guide."

Surveys and Promotions. From time to time, we may provide you the opportunity to participate in surveys, contests or sweepstakes via our Services. If you participate, we may request certain additional information from you.

How We Use the Information We Collect

We use information we collect, including your Registration Information, User ID and Device ID, information from your use of our Services and SNSs and information from surveys and promotions to provide and improve our Services, develop new offerings and enhance and personalize your experience on Loop, including the content and advertising that you see.

We may use your Registration Information to send you important messages regarding the Services, as well as marketing materials that we think may be of interest to you. If you decide at any time that you no longer wish to receive marketing communications from us, please follow the unsubscribe instructions provided in those communications.

Disclosure of the Information We Collect

Information You Share. Loop is designed to enable sharing of your contact information with others. That means that the actions you take on the Services, will be viewable by other users you have chosen to share Loop with.

With Your Consent. We may disclose any information we collect with third parties when we receive your consent to do so.

Non-Private or Non-Personal Information. We may disclose aggregated and non-personally identifiable information that we collect. Any such disclosure will not include non-public, personal information regarding individual users.

Services Providers. We employ third parties to assist us in providing and improving the Services (e.g., without limitation, maintenance, database management and web analytics companies). If these third parties receive non-public, personal information about you, they will be obligated not to disclose or use it for any purpose other than to perform tasks on our behalf.

Compliance with Laws and Law Enforcement. Loop cooperates with government and law enforcement officials and private parties to enforce and comply with the law. We will disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process (including but not limited to subpoenas), to protect the property and rights of Loop or a third party, to protect the safety of the public or any person or to prevent or restrict what we consider to be, or to pose a risk of being, illegal, unethical or legally actionable activity.

Business Transfers. Loop may sell, transfer or otherwise share some or all of its assets, including the information identified in this Privacy Policy, in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy.

Loop does not gather information from users for any purpose

When you share contact information with another Loop user, including photos, to others (those people are referred to as your "contacts"), emails, tweets, or any other form of messaging you are sending directly to your contacts does not pass through Loop's computers. All information which you send to your contacts using Loop is stored only on your phone, except for your photo, which is uploaded to our servers or those of our data provider. However, the name of photo file, which identifies it as yours, is stored only on your phone, and is not available to us.

Non-Restricted Information Disclosure

Notwithstanding anything to the contrary stated herein, to the extent that any information may be collected, Loop may: (a) disclose non-identifiable information (information which does not and cannot be attributed to a specific user) to third parties who have an interest in Loop, its functionality and its usage patterns; (b) disclose information to third parties as part of a specific program to which you have specifically decided to opt-in; (c) disclose any information if Loop is required to do so by law or to aid a law enforcement agency in the prevention of a crime; (d) disclose any information in good faith and to the minimum extent required in legal proceedings to which Loop is a party, including without limitation, proceedings initiated by Loop; (e) disclose any information in good faith and to the minimum extent required to third parties who are requested by Loop to investigate allegations made against Loop, to protect the data security, integrity and/or operability of Loop or to protect Loop rights.

Share-With-A-Friend

Subject to the privacy settings you have set in your SNS account, through the Services you can email a friend and share certain SNS content or other materials. If you use this aspect of our Services we will ask you for your friend's name, email address and/or SNS username (collectively "Friend Information"). We will automatically send your friend a one-time email. Loop stores Friend Information for the purpose of sending such emails and improving the Services. Friends may contact us at support@loopxloop.com to request that we remove this information from our database.

Cookies & Other Technologies

Our services may use "cookies" to collect information. A cookie is a small data file that we transfer to your computer's hard disk for record-keeping purposes. We may use "persistent cookies" to save your username and login password for future logins to the Services. We also may use "session ID cookies" to enable certain features of the Services or to better understand how you interact with the Services. You can instruct your web browser to stop accepting cookies or to prompt you before accepting certain or all cookies. If you do not accept cookies, however, you may not be able to use all aspects of the Services.

Cookies placed on your device or computer by Loop or any third party site or service that you may access through the Services may remain stored on your device or computer until you remove them.

We may also use "pixel tags," "web beacons," "clear GIFs" or similar means (individually or collectively "Pixel Tags") in connection with our Services to collect usage, demographic and geographical location data. A Pixel Tag is an electronic image, often a single pixel, that is ordinarily not visible to users and may be associated with cookies on a user's hard drive. Pixel Tags allow us to count users who have visited certain pages of the Site, to deliver branded services and to help determine the effectiveness of promotional or advertising campaigns.

In addition, we work with third-party companies, including advertisers, that use cookies and other tracking technologies to collect non-identifying information about your activities on our Site and Services in order to help us better understand the use and operation of our Services. These third parties may collect and analyze information about your online activities over time and across different websites when you use our Services. We do not exercise control over these third party websites or services. We encourage you to read the privacy policies or statements of the other websites and services you use.

By accepting this Loop Privacy Policy, and by using the Loop Services, you are consenting to permit the use of cookies by both Loop and the third-party companies that Loop works with.

Some browsers incorporate a "Do Not Track" (DNT) feature that, when activated, signals to websites that you do not want to be tracked. Because there is not yet an accepted standard for how to respond to browser DNT signals, we do not currently respond to them.

Changing or Deleting Your Account

You may email us at support@loopxloop.com with a request that we delete your Loop Account. Accounts are terminated promptly and, absent extenuating circumstances, we will honor your request and delete your account information in no more than 45 days. We may retain an archived copy of your records as required by law or as necessary for the protection of the rights of Loop or its users.

For instructions on changing any of your privacy preferences, accessing your information, updating your information or for any privacy or data-protection-related questions, please write to support@loopxloop.com.

Children's Information

We do not knowingly collect personal information from children under the age of 13. If a parent or guardian becomes aware that his or her child has provided us with any personally identifiable information without their consent, he or she should contact us at support@loopxloop.com. If we become aware that a child under 13 has provided us with any personally identifiable information, we will delete such information and the child's account.

Information Security

Loop utilizes third-party services that employ reasonable physical, technological and administrative security measures to protect the information it collects. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while we use commercially acceptable means to protect the information we collect, we cannot guarantee its absolute security.

If Loop learns of a security breach that results in the unauthorized disclosure of your Registration Information, we may attempt to notify you electronically through the Services so that you can take appropriate protective steps. Loop may also send an e-mail to you at the e-mail address you have provided to us for a notification pursuant to this paragraph. If you wish to receive written (non-electronic) notice of any security breach, please send a request for such notice, including your physical address, to support@loopxloop.com.

Phishing

Identity theft and the practice currently known as "phishing" are of great concern to Loop. Safeguarding information to help protect you from identity theft is a top priority. We do not and will not, at any time, request your credit card information, your account ID, login password or national identification numbers in a non-secure or unsolicited e-mail or telephone communication.

International Transfer

If you are located outside the United States and choose to provide information to us, Loop transfers that information, including personal information about you, to the United States and processes it there. Your consent to this Privacy Policy and provision of such information represents your agreement to that transfer.

Our Services contains links to other websites and online services. If you choose to visit a third party service or an advertiser by "clicking on" a third party link, you will be directed to that third party's website or online service. The fact that we or a user of ours link to a website, content or present a banner ad or other type of advertisement is not an endorsement, authorization or representation of our affiliation with that third party, nor is it an endorsement of their privacy or information security policies or practices. Other websites and services follow different rules regarding the use or disclosure of the personal information you submit to them. We encourage you to read the privacy policies or statements of the other websites and services you use. We do not exercise control over third party websites or services.

Contacting Us

If you have any questions about this Privacy Policy, or have questions about our practices, please contact us at support@loopxloop.com.

Loop Terms of Use

By accessing or using the Loop website, the Loop service, or any applications (including mobile applications) made available by Loop (together, the "Service"), however accessed, you agree to be bound by these terms of use ("Terms of Use"). The Service is owned or controlled by Loop These Terms of Use affect your legal rights and obligations. If you do not agree to be bound by all of these Terms of Use, do not access or use the Service.

There may be times when we offer a special feature that has its own terms and conditions that apply in addition to these Terms of Use. In those cases, the terms specific to the special feature control to the extent there is a conflict with these Terms of Use.

ARBITRATION NOTICE: EXCEPT IF YOU OPT-OUT AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND LOOP WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

Basic Terms

  1. You may not post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos or other content via the Service.
  2. You are responsible for any activity that occurs through your account and you agree you will not sell, transfer, license or assign your account, contacts, username, or any account rights. With the exception of people or businesses that are expressly authorized to create accounts on behalf of their employers or clients, Loop prohibits the creation of and you agree that you will not create an account for anyone other than yourself. You also represent that all information you provide or provided to Loop upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy.
  3. You agree that you will not solicit, collect or use the login credentials of other Loop users.
  4. You are responsible for keeping your password secret and secure.
  5. You must not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and you must not post private or confidential information via the Service, including, without limitation, your or any other person's credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses.
  6. You may not use the Service for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the Service and your Content (defined below), including but not limited to, copyright laws.
  7. You are solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials (collectively, "Content") that you submit, post or display on or via the Service.
  8. You must not change, modify, adapt or alter the Service or change, modify or alter another website so as to falsely imply that it is associated with the Service or Loop.
  9. You must not create or submit unwanted email, comments, or other forms of commercial or harassing communications (a/k/a "spam") to any Loop users.
  10. You must not use domain names or web URLs in your username without prior written consent from Loop.
  11. You must not interfere or disrupt the Service or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any Loop page is rendered or displayed in a user's browser or device.
  12. You must not create accounts with the Service through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.
  13. You must not attempt to restrict another user from using or enjoying the Service and you must not encourage or facilitate violations of these Terms of Use or any other Loop terms.
  14. Violation of these Terms of Use may, in Loop's sole discretion, result in termination of your Loop account. You understand and agree that Loop cannot and will not be responsible for the Content posted on the Service and you use the Service at your own risk. If you violate the letter or spirit of these Terms of Use, or otherwise create risk or possible legal exposure for Loop, we can stop providing all or part of the Service to you.

General Conditions

  1. We reserve the right to modify or terminate the Service or your access to the Service for any reason, without notice, at any time, and without liability to you. You can deactivate your Loop account by sending an email to support@loopxloop.com with "Deactivate My Account" as a subject line. If we terminate your access to the Service or you send us an email as detailed above to deactivate your account, your photos, content, contact information, friendships, and all other data will no longer be accessible through your account (e.g., users will not be able to navigate to your username and account).
  2. Upon termination, all licenses and other rights granted to you in these Terms of Use will immediately cease.
  3. We reserve the right, in our sole discretion, to change these Terms of Use ("Updated Terms") from time to time. Unless we make a change for legal or administrative reasons, we will provide reasonable advance notice before the Updated Terms become effective. You agree that we may notify you of the Updated Terms by posting them on the Service, and that your use of the Service after the effective date of the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms of Use and any Updated Terms before using the Service. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Service from that point forward. These Terms of Use will govern any disputes arising before the effective date of the Updated Terms.
  4. We reserve the right to refuse access to the Service to anyone for any reason at any time.
  5. We reserve the right to force forfeiture of any username for any reason.
  6. We may, but have no obligation to, remove, edit, block, and/or monitor Content or accounts containing Content that we determine in our sole discretion violates these Terms of Use.
  7. You are solely responsible for your interaction with other users of the Service, whether online or offline. You agree that Loop is not responsible or liable for the conduct of any user. Loop reserves the right, but has no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment when interacting with others, including when you submit or post Content or any personal or other information.
  8. There may be links from the Service, or from communications you receive from the Service, to third-party web sites or features. There may also be links to third-party web sites or features in images or comments within the Service. The Service also includes third-party content that we do not control, maintain or endorse. Functionality on the Service may also permit interactions between the Service and a third-party web site or feature, including applications that connect the Service or your profile on the Service with a third-party web site or feature. For example, the Service may include a feature that enables you to share Content from the Service or your Content with a third party, which may be publicly posted on that third party's service or application. Using this functionality typically requires you to login to your account on the third-party service and you do so at your own risk. Loop does not control any of these third-party web services or any of their content. You expressly acknowledge and agree that Loop is in no way responsible or liable for any such third-party services or features. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH THIRD PARTIES FOUND THROUGH THE SERVICE ARE SOLELY BETWEEN YOU AND THE THIRD PARTY. You may choose, at your sole and absolute discretion and risk, to use applications that connect the Service or your profile on the Service with a third-party service (each, an "Application") and such Application may interact with, connect to or gather and/or pull information from and to your Service profile. By using such Applications, you acknowledge and agree to the following: (i) if you use an Application to share information, you are consenting to information about your profile on the Service being shared; (ii) your use of an Application may cause personally identifying information to be publicly disclosed and/or associated with you, even if Loop has not itself provided such information; and (iii) your use of an Application is at your own option and risk, and you will hold the Loop Parties (defined below) harmless for activity related to the Application.
  9. You agree that you are responsible for all data charges you incur through use of the Service.
  10. We prohibit crawling, scraping, caching or otherwise accessing any content on the Service via automated means, including but not limited to, user profiles and photos (except as may be the result of standard search engine protocols or technologies used by a search engine with Loop's express consent).

Rights

  1. Loop does not claim ownership of any Content that you post on or through the Service. Instead, you hereby grant to Loop a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to use the Content that you post on or through the Service, subject to the Service's Privacy Policy, available here http://loopxloop.com/legal/privacy/. You can choose who can view your Content and activities, including your photos, as described in the Privacy Policy.
  2. Some of the Service is supported by advertising revenue and may display advertisements and promotions, and you hereby agree that Loop may place such advertising and promotions on the Service or on, about, or in conjunction with your Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.
  3. You acknowledge that we may not always identify paid services, sponsored content, or commercial communications as such.
  4. You represent and warrant that: (i) you own the Content posted by you on or through the Service or otherwise have the right to grant the rights and licenses set forth in these Terms of Use; (ii) the posting and use of your Content on or through the Service does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; (iii) you agree to pay for all royalties, fees, and any other monies owed by reason of Content you post on or through the Service; and (iv) you have the legal right and capacity to enter into these Terms of Use in your jurisdiction.
  5. The Service contains content owned or licensed by Loop ("Loop Content"). Loop Content is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and Loop, Loop owns and retains all rights in the Loop Content and the Service. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Loop Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Loop Content.
  6. The Loop name and logo are trademarks of Loop, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Loop. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of Loop, and may not be copied, imitated or used, in whole or in part, without prior written permission from Loop.
  7. Although it is Loop's intention for the Service to be available as much as possible, there will be occasions when the Service may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. Also, Loop reserves the right to remove any Content from the Service for any reason, without prior notice. Content removed from the Service may continue to be stored by Loop, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order. Consequently, Loop encourages you to maintain your own backup of your Content. In other words, Loop is not a backup service and you agree that you will not rely on the Service for the purposes of Content backup or storage. Loop will not be liable to you for any modification, suspension, or discontinuation of the Services, or the loss of any Content. You also acknowledge that the Internet may be subject to breaches of security and that the submission of Content or other information may not be secure.
  8. You agree that Loop is not responsible for, and does not endorse, Content posted within the Service. Loop does not have any obligation to prescreen, monitor, edit, or remove any Content. If your Content violates these Terms of Use, you may bear legal responsibility for that Content.
  9. Except as otherwise described in the Service's Privacy Policy, available at http://loopxloop.com/privacy/, as between you and Loop, any Content will be non-confidential and non-proprietary and we will not be liable for any use or disclosure of Content. You acknowledge and agree that your relationship with Loop is not a confidential, fiduciary, or other type of special relationship, and that your decision to submit any Content does not place Loop in a position that is any different from the position held by members of the general public, including with regard to your Content. None of your Content will be subject to any obligation of confidence on the part of Loop, and Loop will not be liable for any use or disclosure of any Content you provide.
  10. It is Loop's policy not to accept or consider content, information, ideas, suggestions or other materials other than those we have specifically requested and to which certain specific terms, conditions and requirements may apply. This is to avoid any misunderstandings if your ideas are similar to those we have developed or are developing independently. Accordingly, Loop does not accept unsolicited materials or ideas, and takes no responsibility for any materials or ideas so transmitted. If, despite our policy, you choose to send us content, information, ideas, suggestions, or other materials, you further agree that Loop is free to use any such content, information, ideas, suggestions or other materials, for any purposes whatsoever, including, without limitation, developing and marketing products and services, without any liability or payment of any kind to you.
  1. We respect other people's rights, and expect you to do the same.
  2. We provide you with tools to help you protect your intellectual property rights. To learn more about how to report claims of intellectual property infringement, visit: www.loopxloop.com
  3. If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.

Disclaimer of Warranties

THE SERVICE, INCLUDING, WITHOUT LIMITATION, Loop CONTENT, IS PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER Loop NOR ITS PARENT COMPANY NOR ANY OF THEIR EMPLOYEES, MANAGERS, OFFICERS OR AGENTS (COLLECTIVELY, THE "Loop PARTIES") MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SERVICE; (B) THE Loop CONTENT; (C) USER CONTENT; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO Loop OR VIA THE SERVICE. IN ADDITION, THE Loop PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.

THE Loop PARTIES DO NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICE OR THE SERVER THAT MAKES THE SERVICE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. THE Loop PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SERVICE IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE Loop PARTIES DO NOT WARRANT THAT YOUR USE OF THE SERVICE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE Loop PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO YOU AND THESE TERMS OF USE.

BY ACCESSING OR USING THE SERVICE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE.

THE Loop PARTIES DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.

Limitation of Liability; Waiver

UNDER NO CIRCUMSTANCES WILL THE Loop PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE SERVICE; (B) THE Loop CONTENT; (C) USER CONTENT; (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICE; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE Loop PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY'S USE OF THE SERVICE; (F) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G) ANY ERRORS OR OMISSIONS IN THE SERVICE'S OPERATION; OR (H) ANY DAMAGE TO ANY USER'S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE Loop PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICE). IN NO EVENT WILL THE Loop PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE Loop PARTIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100.00).

YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF Loop'S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY THE Loop PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY THE Loop PARTIES.

BY ACCESSING THE SERVICE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

Loop IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.

Indemnification

You (and also any third party for whom you operate an account or activity on the Service) agree to defend (at Loop's request), indemnify and hold the Loop Parties 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 any of the following (including as a result of your direct activities on the Service or those conducted on your behalf): (i) your Content or your access to or use of the Service; (ii) your breach or alleged breach of these Terms of Use; (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (v) any misrepresentation made by you. You will cooperate as fully required by Loop in the defense of any claim. Loop reserves 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 the prior written consent of Loop.

Arbitration

Except if you opt-out or for disputes relating to: (1) your or Loop's intellectual property (such as trademarks, trade dress, domain names, trade secrets, copyrights and patents); (2) violations of the API Terms; or (3) violations of provisions 13 or 15 of the Basic Terms, above ("Excluded Disputes"), you agree that all disputes between you and Loop (whether or not such dispute involves a third party) with regard to your relationship with Loop, including without limitation disputes related to these Terms of Use, your use of the Service, and/or rights of privacy and/or publicity, will be resolved by binding, individual arbitration under the American Arbitration Association's rules for arbitration of consumer-related disputes and you and Loop hereby expressly waive trial by jury. As an alternative, you may bring your claim in your local "small claims" court, if permitted by that small claims court's rules. You may bring claims only on your own behalf. Neither you nor Loop will participate in a class action or class-wide arbitration for any claims covered by this agreement. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person's account, if Loop is a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either Loop or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms of Use.

You may opt out of this agreement to arbitrate. If you do so, neither you nor Loop can require the other to participate in an arbitration proceeding. To opt out, you must notify Loop in writing within 30 days of the date that you first became subject to this arbitration provision. You must use this address to opt out:

Loop 2343 Brimley Road Suite 256, Toronto, ON, M1S 3L6

You must include your name and residence address, the email address you use for your Loop account, and a clear statement that you want to opt out of this arbitration agreement.

If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with Loop.

Time Limitation on Claims

You agree that any claim you may have arising out of or related to your relationship with Loop must be filed within one year after such claim arose; otherwise, your claim is permanently barred.

Governing Law & Venue

These Terms of Use are governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law AND WILL SPECIFICALLY NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE. For any action at law or in equity relating to the arbitration provision of these Terms of Use, the Excluded Disputes or if you opt out of the agreement to arbitrate, you agree to resolve any dispute you have with Loop exclusively in a state or federal court located in Boston, Massachusetts, and to submit to the personal jurisdiction of the courts located in Suffolk County for the purpose of litigating all such disputes.

If any provision of these Terms of Use is held to be unlawful, void, or for any reason unenforceable during arbitration or by a court of competent jurisdiction, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions. Loop's failure to insist upon or enforce strict performance of any provision of these Terms will not be construed as a waiver of any provision or right. No waiver of any of these Terms will be deemed a further or continuing waiver of such term or condition or any other term or condition. Loop reserves the right to change this dispute resolution provision, but any such changes will not apply to disputes arising before the effective date of the amendment. This dispute resolution provision will survive the termination of any or all of your transactions with Loop.

Entire Agreement

If you are using the Service on behalf of a legal entity, you represent that you are authorized to enter into an agreement on behalf of that legal entity. These Terms of Use constitute the entire agreement between you and Loop and governs your use of the Service, superseding any prior agreements between you and Loop. You will not assign the Terms of Use or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of Loop. Any purported assignment or delegation by you without the appropriate prior written consent of Loop will be null and void. Loop may assign these Terms of Use or any rights hereunder without your consent. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid or otherwise unenforceable, the parties nevertheless agree that such portion will be deemed severable from these Terms of Use and will not affect the validity and enforceability of the remaining provisions, and the remaining provisions of the Terms of Use remain in full force and effect. Neither the course of conduct between the parties nor trade practice will act to modify the Terms of Use. These Terms of Use do not confer any third-party beneficiary rights.

Territorial Restrictions

The information provided within the Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Loop to any registration requirement within such jurisdiction or country. We reserve the right to limit the availability of the Service or any portion of the Service, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that Loop provides.

Software related to or made available by the Service may be subject to United States export controls. Thus, no software from the Service may be downloaded, exported or re-exported: (a) into (or to a national or resident of) any country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading any software related to the Service, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.

The effective date of these Terms of Use is October 10, 2014. These Terms of Use were written in English (US). To the extent any translated version of these Terms of Use conflicts with the English version, the English version controls.