(“Lofic”, or “we”, “our”, “us”) provides an online platform for music collaboration, which enables recording, creating, and distribute sharing music creative and social collaboration, including through mobile devices (the “Application”). These Terms of Service (“Terms”) govern your access and use of the Application.

 

IMPORTANT NOTE: BY RECORDING AND UPLOADING CONTENT TO THE APPLICATION YOU AUTOMATICALLY PROVIDE LOFIC WITH ALL OWNERSHIP OF SUCH CONTENT. SEE BELOW (UNDER “RIGHTS IN USER CONTENT”) FOR MORE INFORMATION ABOUT THE RIGHTS YOU PROVIDE TO LOFIC. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT UPLOAD CONTENT TO THE APPLICATION (You” means a user of the Application).

 

You must accept these Terms prior to using the Application, so please read this document carefully. By using the Application, you signify your consent to these Terms, including without limitation our privacy policy, a copy of which is available at www.lofic.net (our “Privacy Policy”). Changes may be made to these Terms and the Privacy Policy from time to time, and Lofic will provide you with notice to updates of these Terms for any material changes. Your continued use of the Application following such notice will be deemed acceptance to any such amended or updated terms. If you DO NOT AGREE to any of these Terms, please do not make any use of this Application.

 

 

Use of Application

 

Lofic allows you to access and use the Application subject to these Terms. Lofic may, in its sole discretion and at any time, modify or discontinue providing the Application or any part thereof without notice.

 

Access to the Application is void where prohibited by law. By using the Application, you (the user) represent and warrant the following:

(1) any information and all registration information you submit is truthful and accurate, and you will maintain the accuracy of such information;

(2) you are 18 years of age or older, or else have your account created and registered by your parent or legal guardian.

(3) your use of the Application does not violate any applicable law or regulation or any obligation.

 

 

Registration

 

You may use Lofic by registering an account or connecting through Facebook (or another social media account as permitted by Lofic). By registering through a social media account you represent and warrant that such account is yours and you have all rights to provide us with the information in such account according to the terms and conditions of the other applicable social media account. We have the right to terminate your account if you let someone use your account inappropriately, or if you or anyone else using your account violates these Terms. If your account is terminated, you may not join Lofic again without our permission. You agree to immediately notify us of any unauthorized use of your account. You are fully and solely responsible for the security of your computer system, mobile device and all activity on your account, even if such activities were not committed by you. Lofic will not be liable for any losses or damage arising from unauthorized use of the Application, and you agree to indemnify and hold Lofic harmless for any improper or illegal use of the Application, and any charges and taxes incurred, unless you have notified us via e-mail at support@lofic.com that your account have been compromised. We do not police for, and cannot guarantee that we will learn of or prevent, any inappropriate use of the Application.

 

 

Termination of Account

 

Lofic may for any reason, in its sole discretion and without notice, terminate your account, and remove from the Application any User Content (as defined below) associated with your account. Grounds for such termination may include (i) extended periods of inactivity, (ii) violation of the letter or spirit of these Terms, (iii) fraudulent, harassing or abusive behavior, or (iv) behavior that is harmful to other users, or the business interests of Lofic.

 

If we believe, in its sole discretion, that a violation of these Terms or any illegal or inappropriate behavior has occurred, we may take any other corrective action we deem appropriate. We reserve the right to investigate suspected violations of these Terms or illegal and inappropriate behavior on the Application. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or behavior of anyone believed to have violated these Terms or to have engaged in illegal, harassing or offensive behavior on the Application. You may request termination of your Lofic account at any time and for any reason by sending an email to support@lofic.com. Any suspension, termination, or cancellation of your account or these Terms shall not affect your obligations to Lofic and its licensors under these Terms (including but not limited to ownership, indemnification, and limitation of liability), which by their sense and context are intended to survive such suspension, termination, or cancellation.

 

If you Posted any User Content to the Application, Lofic may in its sole direction permit such User Content to remain available on the Application following the termination or expiration of these Terms or the termination of your account. Lofic may in its sole discretion delete such User Content following such termination or expiration, but it shall have no obligation to provide you with a copy of such User Content.

 

 

User Content

 

Lofic allows you to post certain audio, visual, images and video content on the Application, and may allow you to post additional textual or video materials. In addition, Lofic may allow you to post comments on the Application. In these Terms, “User Content” means any content that you Post on or through the Application. “Post” means to transmit, upload, make available, create, modify, record, mix or remix and includes any of the foregoing actions even if performed by another person in a group that you have joined. User Content can include Original Content, Covers and Remixes.

 

Lofic has no obligation to accept, display, review or maintain any User Content. Moreover, Lofic reserves the right to edit, delete, or move user Content from the Application without notice for any reason at any time. User Content that you submit or post will be available to the public, and you should have no expectation of privacy in the same.

 

You are fully and solely responsible for any User Content you submit or post. You represent and warrant that, if you Post any User Content on the Application, that (a) you have sufficient rights to Post such content and provide Lofic with all and every of the rights, title, interests and licenses set forth in these Terms and (b) that neither your Posting of such User Content nor the exercise by Lofic or any other users of the rights set forth in these Terms, shall infringe the intellectual property, moral, publicity or privacy rights of any third party.

 

In addition, you will not Post any User Content that: (a) you don’t own its copyright or don’t have the licence to use it according to its copyright  (b) impersonates another user or otherwise misrepresents yourself in any manner; (c) does not comply with all applicable laws, rules, or regulations, including obtaining all necessary permits, licenses or registrations or would cause Lofic to be in violation of any law or regulation, or to infringe any right of any third party; (d) contains falsehoods or misrepresentations that may damage Lofic or any third party; (e) imposes an unreasonably or disproportionately large load on our infrastructure; or (f) posts, stores, transmits, offers, or solicits anything that contains the following, or that you know contains links to the following or to locations that in turn contain links to the following: (i) material that we determine to be offensive (including material promoting or glorifying hate, violence, bigotry, or any entity (past or present) principally dedicated to such causes or items associated with such an entity), (ii) material that is racially or ethnically insensitive, material that is defamatory, harassing or threatening, (iii) pornography (including any obscene material, and anything depicting children in sexually suggestive situations whether or not depicting actual children) or may be harmful to a minor, (iv) any virus, worm, Trojan horse, or other harmful or disruptive component or (v) anything that encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or regulation or is otherwise inappropriate.

 

 

Intellectual Property

 

Lofic and its licensors own the Application, including all worldwide intellectual property rights in the Application, and the trademarks, service marks, and logos contained therein.  Except as expressly permitted herein, you may not copy, further modify, duplicate, distribute, display, perform, sublicense, republish, retransmit, reproduce, create remix of, transfer, sell or otherwise use the Application or any User Content appearing in the Application.  You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in the Application. All trademarks are trademarks or registered trademarks of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, or trade name of Lofic or any third party.

 

You may not or attempt to (a) decipher, decompile, disassemble, or reverse-engineer any of the software used to provide the Application; (b) circumvent, disable, or otherwise interfere with security-or access-related features of the Application or features that prevent or restrict use or copying of any User Content; (c) use any robot, spider, search or retrieval service, or any other manual or automatic device or process to retrieve, index, data-mine, or in any way reproduce or circumvent the navigational structure or presentation of the Application; (d) harvest, collect or mine information about users of the Application or any other content of the Application; or (e) use or access another user’s account or password.

 

 

Copyright Infringement

 

Lofic respects the intellectual property rights of others and expects its users to do the same. Lofic will remove all infringing User Content if properly notified that it infringes third party intellectual property rights, and may do so at its sole discretion, without prior notice to users at any time.

 

Under the Digital Millennium Copyright Act of 1998 (the “DMCA”), it is Lofic’s policy to respond expeditiously to copyright owners who believe material appearing on the Application infringes their rights.  If you believe that something appearing on the Application infringes your copyright, you may send us a notice requesting that it be removed, or access to it blocked. If you believe that such a notice has been wrongly filed against you, the DMCA lets you send us a counter-notice.

 

It is Lofic policy to terminate the account of repeat infringers in appropriate circumstances. Notices and counter-notices must meet the DMCA’s requirements. We suggest that you consult your legal advisor before filing a notice or counter-notice. Be aware that there can be substantial penalties for false claims. Send notices and counter-notices to our copyright agent: support@lofic.com.

 

 

Disclaimers & Disclaimer of Warranty

 

Your use of the Application and/or User Content is at your sole discretion and risk. The Application and/or User Content are provided on an AS IS and AS AVAILABLE basis without warranties of any kind from Lofic. LOFIC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE APPLICATION AND/OR USER CONTENT, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. LOFIC DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, (I) REGARDING THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE APPLICATION AND/OR USER CONTENT; OR (II) THAT THE APPLICATION WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED; OR (III) REGARDING THE PERFORMANCE OF OR ACCURACY, QUALITY, CURRENCY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED BY THE APPLICATION.

 

You understand that Lofic is not responsible for the accuracy, usefulness, safety, appropriateness of or infringement by any User Content available on the Application.  Although users must agree to these Terms, it is possible that other users (including unauthorized users) may post or transmit offensive or obscene materials that you may be involuntarily exposed to such offensive or obscene materials, and you hereby agree to waive, and do waive, any legal or equitable rights or remedies you have or may have against Lofic with respect to thereto. It is also possible for others to obtain personal information about you due to your use of the Application, including through any User Content that you make available through your account. Anyone receiving or viewing User Content may use your information (such as your contact details, location or description of materials that are made available) for purposes other than what you intended. We are not responsible for the use of any personal information that you disclose on the Application or through any User Content. By making any information (including your contact details, location or description of materials) available through the Application you acknowledge that you understand and have agreed to such risks. WE DISCLAIM ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF OTHER USERS (INCLUDING UNAUTHORIZED USERS), WHETHER SUCH ACTS OR OMISSIONS OCCUR DURING THE USE OF THE APPLICATION OR OTHERWISE.

 

No advice or information, whether oral or written, obtained by you from Lofic, shall create any warranty not expressly stated in these Terms. If you choose to rely on such information, you do so solely at your own risk. Some states or jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you.

 

 

Limitation of Liability

 

IN NO EVENT SHALL LOFIC OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, AND/OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE APPLICATION  OR ANY USER CONTENT, INCLUDING BUT NOT LIMITED TO THE QUALITY, ACCURACY, OR UTILITY OF THE INFORMATION PROVIDED AS PART OF OR THROUGH THE APPLICATION, WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT LOFIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL LOFIC’S CUMULATIVE LIABILITY TO YOU EXCEED AMOUNTS PAID TO LOFIC FOR USE OF THE APPLICATION.

 

In addition to the foregoing, Lofic assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User Content. Lofic is not responsible for any problems or technical malfunction of any telephone or cellular phone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email due to technical problems or traffic congestion on the Internet or on the Application, including any injury or damage to users or to any person’s mobile device or computer related to or resulting from participation or downloading materials in connection with the Application. UNDER NO CIRCUMSTANCES SHALL LOFIC BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE APPLICATION, FROM ANY USER CONTENT POSTED ON OR THROUGH THE APPLICATION, OR FROM THE CONDUCT OF ANY USERS OF THE APPLICATION, WHETHER ONLINE OR OFFLINE.

 

 

Indemnification

 

You agree to indemnify, defend, and hold harmless Lofic and its respective employees, directors, officers, subcontractors and agents of each, against any and all claims, damages, or costs or expenses (including court costs and attorneys’ fees) that arise directly or indirectly from: (a) breach of these Terms by you or anyone using your computer or password; (b) any claim, loss or damage experienced from your use or attempted use of (or inability to use) the Application, including any transactions that you conduct or attempt; (c) your violation of any law or regulation; (d) your infringement of any right of any third party; and (e) any other matter for which you are responsible hereunder or under law. You agree that your use of the Application, including, without limitation, provision of services in connection with the Application shall be in compliance with all applicable laws, regulations and guidelines.

 

 

 

Binding Arbitration

 

You and Lofic agree that, except as provided below, all disputes, controversies and claims related to these Terms (each a “Claim”), shall be finally and exclusively resolved by binding arbitration, which may be initiated by either party by sending a written notice requesting arbitration to the other party. Any election to arbitrate by one party shall be final and binding on the other. The arbitration will be conducted under the Streamlined Arbitration Rules and Procedures of JAMS that are in effect at the time the arbitration is initiated (the “JAMS Rules”). Except as otherwise provided in these Terms, (a) you and Lofic may litigate in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate or enter judgment on the award entered by the arbitrator; and (b) the arbitrator’s decision shall be final, binding on all parties and enforceable in any court that has jurisdiction, provided that any award may be challenged if the arbitrator fails to follow applicable law.

The arbitration will be conducted in a location determined by Lofic’s administration office, unless the parties agree to video, phone and/or Internet connection appearances. BY AGREEING TO THIS ARBITRATION PROVISION, YOU UNDERSTAND THAT YOU AND LOFIC WAIVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. You and Lofic agree that any arbitration shall be limited to the Claim between Lofic and you individually. YOU AND LOFIC AGREE THAT (a) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; (b) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL; AND (c) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER ARBITRATION

 

 

Arbitration Fees

 

If you initiate arbitration for a Claim, you will need to pay the JAMS arbitration initiation fee. If Lofic initiates arbitration for a Claim, we will pay all costs charged by JAMS for initiating the arbitration. All other fees and costs of the arbitration will be charged pursuant to the JAMS Rules.

 

 

Lofic App End User License Agreement

This End User License Agreement (“Agreement”) is between you and Lofic and governs use of this app made available through the Apple App Store. By installing the Lofic App, you agree to be bound by this Agreement and understand that there is no tolerance for objectionable content. If you do not agree with the terms and conditions of this Agreement, you are not entitled to use the Lofic App.

In order to ensure Lofic provides the best experience possible for everyone, we strongly enforce a no tolerance policy for objectionable content. If you see inappropriate content, please use the “Report as offensive” feature found under each post.

1. Parties

This Agreement is between you and Lofic only, and not Apple, Inc. (“Apple”). Notwithstanding the foregoing, you acknowledge that Apple and its subsidiaries are third party beneficiaries of this Agreement and Apple has the right to enforce this Agreement against you. Lofic, not Apple, is solely responsible for the Lofic App and its content.

2. Privacy

Lofic may collect and use information about your usage of the Lofic App, including certain types of information from and about your device. Lofic may use this information, as long as it is in a form that does not personally identify you, to measure the use and performance of the Lofic App.

3. Limited License

Lofic grants you a limited, non-exclusive, non-transferable, revocable license to use the Lofic App for your personal, non-commercial purposes. You may only use the Lofic App on Apple devices that you own or control and as permitted by the App Store Terms of Service.

4. Age Restrictions

By using the Lofic  App, you represent and warrant that (a) you are 17 years of age or older and you agree to be bound by this Agreement; (b) if you are under 17 years of age, you have obtained verifiable consent from a parent or legal guardian; and (c) your use of the Lofic App does not violate any applicable law or regulation. Your access to the Lofic App may be terminated without warning if Lofic believes, in its sole discretion, that you are under the age of 17 years and have not obtained verifiable consent from a parent or legal guardian. If you are a parent or legal guardian and you provide your consent to your child’s use of the Lofic App, you agree to be bound by this Agreement in respect to your child’s use of the Lofic App.

5. Objectionable Content Policy

Content may not be submitted to Lofic, who will moderate all content and ultimately decide whether or not to post a submission to the extent such content includes, is in conjunction with, or alongside any, Objectionable Content. Objectionable Content includes, but is not limited to: (i) sexually explicit materials; (ii) obscene, defamatory, libelous, slanderous, violent and/or unlawful content or profanity; (iii) content that infringes upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary right, or that is deceptive or fraudulent; (iv) content that promotes the use or sale of illegal or regulated substances, tobacco products, ammunition and/or firearms; and (v) gambling, including without limitation, any online casino, sports books, bingo or poker.

6. Warranty

 Lofic disclaims all warranties about the Lofic App to the fullest extent permitted by law. To the extent any warranty exists under law that cannot be disclaimed, Lofic, not Apple, shall be solely responsible for such warranty.

7. Maintenance and Support

Lofic does provide minimal maintenance or support for it but not to the extent that any maintenance or support is required by applicable law, Lofic, not Apple, shall be obligated to furnish any such maintenance or support.

8. Product Claims

Lofic , not Apple, is responsible for addressing any claims by you relating to the Lofic  App or use of it, including, but not limited to: (i) any product liability claim; (ii) any claim that the Lofic App fails to conform to any applicable legal or regulatory requirement; and (iii) any claim arising under consumer protection or similar legislation. Nothing in this Agreement shall be deemed an admission that you may have such claims.

9. Third Party Intellectual Property Claims

Lofic shall not be obligated to indemnify or defend you with respect to any third party claim arising out or relating to the Lofic App. To the extent Lofic is required to provide indemnification by applicable law, Lofic, not Apple, shall be solely responsible for the investigation, defense, settlement and discharge of any claim that the Lofic App or your use of it infringes any third party intellectual property right.

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