Terms of Service
Copyright / DMCA
Copyright / DMCA
Thanks so much for dropping by to see what LOOP is all about. By now you’ve probably downloaded our app (which makes you pretty cool in our books) and for that we thank you too!
Important Words and Definitions
There are few words you should know the meaning of to make the reading of this legal doc just a little bit simpler. Here they are:
“Agreement” refers to these Terms of Service
“the LOOP App” refers to our mobile applications made available to you through Apple AppStore, Google Play or Android Marketplace or other mobile app stores;
Registered User” refers to a User who has registered for an account (“Account”) via the LOOP App;
“User” refers to users of the LOOP App;
“You” (whether capitalized or not, and including variations such at “your” etc.) refers to you, the person who is entering into this Agreement with LOOP.
What is Loop Messenger?
LOOP Messenger is a group messaging app (we think it’s the world’s best) that allows groups to communicate in a highly efficient and effective way.
Agreement to Terms
Changes to Terms or Services
LOOP may modify the Terms at any time at its sole discretion. When LOOP does so, it will advise you by posting the modified Terms on the LOOP App. It's important that you review the Terms whenever LOOP modifies them because if you continue to use the LOOP App after LOOP has posted modified Terms, you are indicating to LOOP that you agree to be bound by the modified Terms. If you don't agree to be bound by the modified Terms, then you may no longer use the LOOP App. The LOOP App will continue to evolve over time and as such LOOP may change or discontinue all or any part of the LOOP App at any time and without notice, at its sole discretion.
Who May Use LOOP
LOOP has a few standards that are pretty important. If you want to use the world’s greatest group messaging app:
You must not be in violation of any embargoes, export controls, or other laws of the United States or other countries having jurisdiction over this Agreement, LOOP and yourself. For example, if the Office of Foreign Assets Control prohibits conducting financial transactions with nationals, residents, or banks of your country, you must not use the LOOP App.
To make any purchases through our App, (including subscribing to LOOP Premium) you must be the minimum age required to enter into a contract in the area in which you reside, and, in any event, you must not be under 18 years of age.
To download the LOOP App, to install the LOOP App, on any device and/or to provide any information to use, you must be at least 13 years of age.
If you want to use certain features of the LOOP App you will need to create an account ("Account"). It's important that you provide LOOP with accurate, complete and up-to-date information for your Account and you agree to update such information, as needed, to keep it accurate, complete and up-to-date. If you don't, Loop may suspend or terminate your Account.
You are responsible for all activities that occur under your Account. You may not share your Account or password with anyone, and you agree that you will notify LOOP immediately of any unauthorized use of your Account. You are responsible for all activities that occur under your Account, whether you know about them or not.
You must provide all equipment and software necessary to connect to the LOOP App, including, but not limited to, a mobile device that is suitable to connect with and use the LOOP App. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when using the LOOP App.
Rules of Use
Subject to your compliance with these Terms, LOOP grants you a limited non-exclusive, non-transferable, non-sublicenseable license to download and install a copy of the LOOP App on a mobile device or computer that you own or control and to run such copy of the LOOP App for your own personal purposes. You may not copy the the LOOP App, except for making a reasonable number of copies for backup or archival purposes. Except as expressly permitted in these Terms, you may not: (i) copy, modify or create derivative works based on the LOOP App; (ii) distribute, transfer, sublicense, lease, lend or rent the LOOP App to any third party; (iii) reverse engineer, decompile or disassemble the LOOP App; or (iv) make the functionality of the LOOP App available to multiple users through any means. LOOP reserves all rights in and to the LOOP App not expressly granted to you under these Terms.
Furthermore, with respect to any App accessed through or downloaded from the Apple App Store (an “App Store Sourced Application”), you will only use the App Store Sourced Application (i) on an Apple-branded product that runs iOS (Apple’s proprietary operating system) and (ii) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service.
Objectionable Content Policy
You may not post Objectionable Content on the LOOP App. LOOP will ultimately decide whether to remove any submission based on the extent that such content includes, is in conjunction with, or is alongside any Objectionable Content. Objectionable Content includes, but is not limited to:
Any activity that exploits, harms, or threatens to harm children.
Spam. Spam is unwanted or unsolicited bulk email, postings, contact requests, SMS (text messages), or instant messages.
Inappropriate Content or material (involving, for example, nudity, bestiality, pornography, graphic violence, or criminal activity).
Activities that are false or misleading (e.g., asking for money under false pretenses, impersonating someone else, manipulating the Services to increase play count, or affect rankings, ratings, or comments).
Infringing upon the rights of others (e.g., unauthorized sharing of copyrighted music or other copyrighted material, resale or other distribution of Bing maps, or photographs).
Any activities that violates the privacy of others.
Although LOOP is not obligated to monitor access to or use of the LOOP App or to review or edit any of the LOOP App Content, it has the right to do so to ensure compliance with LOOP’s Objectionable Content Policy, and to comply with applicable law or other legal requirements. LOOP reserves the right, but is not obligated, to remove or disable access to any LOOP App Content, at any time and without notice, including, but not limited to, if LOOP, at its sole discretion, considers any Content to be objectionable or in violation of the Objectionable Content Policy. LOOP has the right to investigate violations of the Objectionable Content Policy or conduct that affects the LOOP App. LOOP may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
Defamation - Don’t Be Mean
Surprise surprise, sometimes people say defamatory or mean things on the internet. Sometimes even things they might not say in real life (dumb huh?). Fortunately for LOOP (and the other nice people out there), there is a United States law (Section 230 of the Communications Decency Act) that allows a defense when mean people post stuff they shouldn’t say on the LOOP App. Although LOOP is not liable for any defamatory comments, the Objectionable Content Policy prohibits this behaviour so please flag any relevant content or notify us at email@example.com if you see anything you believe is defamatory. Then, if LOOP believes the situation warrants it, appropriate action will be taken, including the potential loss of a user’s LOOP Account.
Real Identity Policy
People and business are required to use their authentic identities when using LOOP, which means providing a profile name consistent with the name used in real life. Failure to represent yourself or your business properly will result in termination of your account. Pretending to be someone you are not, is forbidden.
Users are prohibited from using offensive or suggestive words of any kind in their profile name. Keep in mind that anything with a “*” in place of a vowel could be considered offensive.
Content and Content Rights
For purposes of these Terms: (i) "Content" means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the LOOP App; and (ii) "User Content" means any Content that users provide to be made available through the LOOP App. Content includes without limitation User Content.
Content Ownership, Responsibility and Removal
LOOP does not claim any ownership rights to any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, LOOP and its licensors exclusively own all right, title and interest in the LOOP App and it’s Content, including all associated intellectual property rights. You acknowledge that the LOOP App and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the LOOP App or Content found in the LOOP App.
Rights in User Content Granted by You
By making any User Content available through the LOOP App you grant a worldwide, royalty-free, transferable license, with the right to sublicense, to use, copy, modify, create derivative works, display, perform and distribute your User Content in order to operate and provide the LOOP App’s Content to you and other Account holders. Basically, LOOP will use your User Content to run the App; but won't take your User Content and sell it to others.
You are solely responsible for all of your User Content. You represent and warrant that you own all of your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that your User Content, your use and provision of your User Content to be made available through the LOOP App, and any use of your User Content by the LOOP App will not infringe, misappropriate or violate a third party's intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You, not LOOP, are entirely responsible for all Content that you upload, post, transmit or otherwise make available (“Make Available”) through the LOOP App, and other Users of the LOOP App, and not LOOP, are similarly responsible for all Content they Make Available through the LOOP App.
You can remove your User Content by specifically deleting it. However, in certain instances, some of your User Content (such as comments or messages you make) may not be completely removed and copies of your User Content may continue to exist on the LOOP App.
Unless expressly agreed to by LOOP in writing elsewhere, LOOP has no obligation to store any User Content that you Make Available via the LOOP App. Loop has no responsibility or liability for the deletion or accuracy of any User Content; the failure to store, transmit or receive transmission of User Content; or the security, privacy, storage, or transmission of other communications originating with or involving use of the LOOP App. Certain LOOP App Services may enable you to specify the level at which such Services restrict access to Your Content. If you do not choose, the LOOP App may default to its most permissive setting. You agree that LOOP retains the right to create reasonable limits on the use and stage of User Content, such as limits on file size, storage space, processing capacity, and similar limits as determined by LOOP in its sole discretion.
Rights in Content Granted by LOOP
Subject to your compliance with these Terms, LOOP grants you a limited, non-exclusive, non-transferable, non-sublicensable license to view, copy, display and perform the Content solely in connection with your permitted use of the LOOP App.
Links to Third Party Websites or Resources
The LOOP App and the LOOP App’s Content may contain links to third-party websites or resources. LOOP provides these links only as a convenience and is not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.
Private LOOP subscriptions
Private LOOP subscription service is a subscription fee-based service which gives you access to exclusive features. You can become a subscriber by creating a Private LOOP. Please note that, once purchased, the sale is final and we will not provide a refund.
Fees for subscriptions are due monthly after the date you first purchased your subscription. For each period of time that your subscription is active, you acknowledge and agree that LOOP is authorized to charge the same payment method as you used for the initial subscription fee in the amount of the then-current periodic subscription fee. The periodic renewal fees will continue to be billed to the same payment method you provided, automatically until cancelled. You must cancel your subscription before it renews in order to avoid billing of the next periodic subscription fee to the payment method you provided. Refunds cannot be claimed for any partial subscription period.
You agree to notify LOOP promptly of any changes to the payment method you provided while any subscriptions remain outstanding. You are responsible for all applicable fees and charges incurred, including applicable taxes, and all subscriptions purchased by you.
Services included in the subscription fee-based service may change from time to time at the sole discretion of LOOP.
You understand that the LOOP App is evolving. As a result, we may require you to accept updates to the LOOP App that you have installed on your mobile device. You acknowledge and agree that we may update the LOOP App with or without notifying you.
LOOP may terminate your access to and use of the LOOP App, at its sole discretion, at any time and without notice to you. You may cancel your Account at any time by sending an email to us at firstname.lastname@example.org. Upon any termination, discontinuation or cancellation of Services or your Account, the following provisions will survive: Feedback; Content Ownership, Responsibility and Removal; Warranty Disclaimers; Limitation of Liability; General Terms; and this sentence of Termination.
As set forth above, after the Initial Term of any subscription Service, you may terminate your subscription to Premium by not renewing your subscription prior to the commencement of the next renewal period.
“LOOP Messenger” is a common law trademark used by us to uniquely identify the LOOP App, Service and business. You agree not to use this mark anywhere without our prior written consent. Additionally, you agree not to use our trade dress, or copy the look and feel of our Services or their design, without our prior written consent. You agree that this goes beyond the governing law on intellectual property law, and includes prohibitions on any activity that violates the provisions of this paragraph, including starting your own app that competes with the LOOP App. You may of course put LOOP stickers everywhere and anywhere you want!
The Services and Content are provided "As is," without warranty of any kind. Without limiting the foregoing, LOOP explicitly disclaims any warranties or merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement, and any warranties arising out of course of dealing or usage or trade. LOOP makes no warranty that the LOOP App will meet your requirements or be available on an uninterrupted, secure, or error-free basis. LOOP makes no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content.
Limitation of Liability
Neither LOOP nor any other party involved in creating, producing, or delivering the LOOP App or LOOP App’s Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or goodwill, service interruption, computer damage or system failure or the cost of substitute services arising out of or in connection with these terms or from the use of or inability to use the LOOP App or the LOOP App’s Content, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not LOOP has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.
In no event will LOOP's total liability arising out of or in connection with these terms or from the use or inability to use the LOOP App or the LOOP App’s Content exceed the amounts you have paid to LOOP for use of the LOOP App or one hundred dollars ($100), if you have not had any payment obligations to LOOP, as applicable.
The exclusions and limitations of damages set forth above are fundamental elements or the basis of the bargain between LOOP and you.
These Terms constitute the entire and exclusive understanding and agreement between LOOP and you regarding the LOOP App usage and the LOOP App’s Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between LOOP and you regarding Usage and Content. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without LOOP's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. LOOP may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns. Any notices or other communications provided by LOOP under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the LOOP App. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted. LOOPs failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of LOOP. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
LOOP respects copyright law and expects the LOOP App users to do the same. It is LOOP's policy to terminate in appropriate circumstances Account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
Under these Terms you agree to do not any of the following:
Post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
Use, display, mirror or frame the LOOP App or any individual element within the LOOP App, the LOOP name, any LOOP trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without LOOP’s express written consent;
Access, tamper with, or use non-public areas of LOOP, computer systems, or the technical delivery systems of LOOP’s providers;
Attempt to probe, scan or test the vulnerability of any of the LOOP App’s system or network or breach any security or authentication measures;
Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by LOOP or any of - LOOP’s providers or any other third party (including another user) to protect the LOOP App or the LOOP App’s Content;
Attempt to access or search the LOOP App or the LOOP App’s Content or download the LOOP App’s Content through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by the LOOP App or other generally available third-party web browsers;
Use any meta tags or other hidden text or metadata utilizing a LOOP trademark, logo URL or product name without the LOOP’s express written consent;
Use the LOOP App or the LOOP App’s Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to enable the LOOP App or provide the LOOP App’s Content;
Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing LOOP; Collect or store any personally identifiable information from LOOP from other users of LOOP without their express permission;
Impersonate or misrepresent your affiliation with any person or entity;
Violate any applicable law or regulation; or
Encourage or enable any other individual to do any of the foregoing.
LOOP would rather you didn’t talk behind it’s back and instead come straight out and shared any gripes. LOOP’s sole purpose is to create the world’s best messaging app so any comments and suggestions for improvements to the LOOP App ("Feedback") are always appreciated. You can submit Feedback by emailing LOOP at email@example.com. With any feedback provided you grant LOOP the right to use it - in legal terms - a perpetual, free, and transferable license, with a right to sublicense, to use, copy, modify, create derivative works and otherwise exploit the Feedback in any form and media and for any purpose.
In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
If you have any questions about these Terms or the Services, please contact LOOP at firstname.lastname@example.org
Terms of Service
Last updated: December 3rd, 2019
Collection and Use of Information
Information Collected or Received from You
Loops primary goal in collecting information is to provide and improve the Loop App, to administer your use of the Loop App (including your Account, if you are an Account holder), and to enable you to enjoy and easily navigate the Loop App.
If you create an Account, Loop will collect certain information that can be used to identify you, such as your phone number and, if you opt to add it, a photograph or picture of you (Personally identifiable information, or "PII"). Creating an Account also requires a username, which may or may not be PII depending on your username. You have the option to choose to provide other information about yourself, which will be made part of your Account's profile ("Profile").
With your permission, Loop will collect your contacts from your device's address book, including the names and telephone numbers of your contacts. This contact information will be used to help you to create groups and effectively use the Loop App. In addition, with your permission Loop will send text messages to selected contacts who are not Account holders in order to invite them to create an Account. Loop does not store or use this information about your contacts for any other purpose.
Information Collected Using Technologies
Information Related to Use of the Services
Loop’s servers automatically record certain information about how a person uses the Loop App (referred to as "Log Data"), including both Account holders and non-Account holders (either, a "User"). Log Data may include information such as a User's Internet Protocol (IP) address, operating system, the features of the Loop App a User browsed and the time spent on those features, search terms, the links on the Loop App that a User clicked on and other statistics. Loop use Log Data to administer the Loop App and Loop analyzes (and may engage third parties to analyze) Log Data to improve, customize and enhance the Loop App by expanding their features and functionality and tailoring them to Users' needs and preferences. Loop may use a person's IP address to generate aggregate, non-identifying information about how the Loop App is used.
Information Sent by Your Mobile Device
Loop collects certain information that your mobile device sends when you use the Loop App, like a device identifier, user settings, and the operating system of your device, as well as information about your use of the Loop App.
Information that Loop Shares with Third Parties
Loop will not share any PII that is collected from or regarding you except as described below:
Information Shared with Other Account Holders
Your User Content and Profile, which includes your username, display name and, if you choose to include it, your photograph or picture, will be visible to other Account holders who are members of a group with you. The telephone number you provide to create your Account can be shared with other Account holders who are members of private and secret groups with you. The direct contact feature is automatically enabled within private and secret groups. Direct contact can be disabled it at any time by visiting your account profile and switching off "allow to contact me directly". Direct contact is not available in any public group including the "Whats happening" and "Questions with LOOP" groups.
Information Shared with Loop’s Service Providers
Loop may engage third party service providers to work with us to administer and provide the Loop App. These third party service providers will have access to your PII only for the purpose of performing services on Loop’s behalf and will be expressly obligated not to disclose or use your PII for any other purpose.
Information Shared with Third Parties
Loop may share aggregated information and non-identifying information with third parties for industry research and analysis, demographic profiling and other similar purposes.
Information Disclosed in Connection with Business Transactions
Information collected from Loop users, including PII, is considered to be a business asset. Thus, if Loop is acquired by a third party as a result of a transaction such as a merger, acquisition or asset sale or if its assets are acquired by a third party in the event Loop goes out of business or enters bankruptcy, some or all of its assets, including your PII, may be disclosed or transferred to a third party acquirer in connection with the transaction.
Information Disclosed for Loop’s Protection and the Protection of Others
Loop cooperates with government and law enforcement officials or private parties to enforce and comply with the law. Loop may disclose any information about you to government or law enforcement officials or private parties as Loop, in its sole discretion, believes necessary or appropriate: (i) to respond to claims, legal process (including subpoenas); (ii) to protect Loop’s property, rights and safety and the property, rights and safety of a third party or the public in general; and (iii) to stop any activity that Loop considers illegal or legally actionable activity.
Loop offers you choices regarding the collection, use and sharing of your PII and will respect the choices you make. Please note that if you decide not to provide us with the PII that is requested, you may not be able to access all of the features of the Loop App.
Modifying Your Information
You can access and modify the information contained in your Profile through the Loop App. If you want Loop to delete your PII and your Account, please contact Loop at email@example.com with your request. Loop will take steps to delete your information as soon as possible, but some information may remain in archived/backup copies for Loop’s records or as otherwise required by law.
The Security of Your Information
Loop takes reasonable administrative, physical and electronic measures designed to protect the information that is collected from or about you (including your PII) from unauthorized access, use or disclosure. Please be aware, however, that no method of transmitting information over the Internet or storing information is completely secure. Accordingly, Loop cannot guarantee the absolute security of any information.
Links to Other Sites
Your PII may be transferred to, and maintained on, computers located outside of your state, province, country or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. If you're located outside the United States and choose to provide your PII to us, Loop may transfer your PII to the United States and process it there.
Loop’s Policy Toward Children
Loop’s Services are not directed to children under the age of 13 and Loop does not knowingly collect PII from children under age 13. If it is discovered that Loop has collected PII from a child under 13 years of age, steps will be taken to delete such information from Loop’s files as soon as possible.
Loop Messenger respects the intellectual property rights of others and expects its users to do the same.
It is Loop's policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others.
In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, Loop will respond expeditiously to claims of copyright infringement committed using the Loop online network, which is accessible through the Loop App, that are reported to Loop's Designated Copyright Agent, identified in the sample notice below.
If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Loop App by completing the following DMCA Notice of Alleged Infringement and delivering it to Loop's Designated Copyright Agent. Upon receipt of the Notice as described below, Loop will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Loop App.
DMCA Notice of Alleged Infringement ("Notice")
Identify the copyrighted work that you claim has been infringed, or — if multiple copyrighted works are covered by this Notice — you may provide a representative list of the copyrighted works that you claim have been infringed.
Identify the material that you claim is infringing (or to be the subject of infringing activity) and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, including at a minimum, if applicable, the URL or page on the App where such material may be found.
Provide your mailing address, telephone number, and, if available, email address.
Include both of the following statements in the body of the Notice:
1. “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)."
2. “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."
Provide your full legal name and your electronic or physical signature.
Deliver this Notice, with all items completed, to Loop's Designated Copyright Agent:
LOOP Copyright Agent
794 Johnnie Dodds Blvd.
Mt. Pleasant, SC 29464