Loudar Terms of Service
Loudar Explained in Simple Terms
What is Loudar all about?
Loudar provides a platform for Artists to showcase their talent, music and performances by uploading these performances onto the Loudar platform. The Loudar platform provides an opportunity people to view and vote for performances. The Loudar platform also provides an opportunity for viewers to participate as four types of Loudar Members. These member types are as follows:
- Loudar Artist, who uploads their performances for people to view and vote for;
- Loudar Fan, who views performances, and votes for these performances and follows their favourite artists;
- Loudar Talent Scout, who introduces new artists to Loudar;
- Loudar Talent Agent, who promotes selected performances by artists through their social networks.
The Loudar platform provides an opportunity for Artist’s to:
- Create a Loudar Profile Page telling people more about who they are;
- have their performances seen by Loudar viewers and Loudar members;
- enter and win Loudar competitions;
- generate income from the votes they receive on their performances;
- achieve milestones and opportunity via Loudar’s Ranking System;
- communicate with viewers, fans and agents via the Loudar platform.
The Loudar platform provides an opportunity for Fans to:
- enjoy the performances of all artists;
- support artists by voting on their performances;
- communicate with artists via the Loudar platform;
- receive notifications about an artist’s activity.
The Loudar platform provides a financial incentive for Talent Scouts to identify new artists and introduce these new artists to the Loudar platform.
The Loudar platform provides a financial incentive for Talent Agents to share artist’s performances through their own social networks;
All Loudar viewers can vote for any artist’s performances as many times as they want to.
All Loudar members can:
- vote for any artist’s performances as many times as they want to;
- act as a Talent Scout for any number of new artists;
- act as a Talent Agent for any number of performances;
- be an artist themselves.
There is no cost for Loudar membership.
All Loudar members are given a Loudar Membership Number (LM#).
How does Loudar pay people?
A single vote costs the voter $2.00 to place.
When a vote is placed:
- the artist receives at least 50% of the vote cost as income;
- the Talent Scout for that artist (if there was one) receives 5% of the vote cost as income;
- the Talent Agent receives 10% of the vote cost on the performance when the voter from that Talent Agent’s social network places the vote.
Talent Scouts are entitled to 5% of the vote cost for all votes received by the artist they introduced. This entitlement is limited to a period of 12 months from the date the artist was first introduced to Loudar by the Talent Scout.
Talent Agents are entitled to 10% of the vote cost for all votes made by a member introduced to Loudar via that Talent Agent’s social network. This 10% entitlement is based on the actual performance shared by the Talent Agent only and not on all performances of the artist.
Performances can be shared by more than one Talent Agent – that is, they each have their own social networks.
All Loudar income is credited to the Loudar accounts of the relevant members within 24 hours of the vote being placed.
Loudar account balances are only paid to the relevant member when the balance reaches $50.00
Some Questions Answered?
As an Artist, am I signing over the rights to my music?
No, you are not. Loudar simply streams the performances you upload on the Loudar platform. Your music, lyrics, artwork and performances are yours which you can upload or remove as you wish. Loudar is not your agent, Loudar is just an interactive platform for you to use to get seen and earn vote money from.
What can I upload? Are covers OK?
You can upload whatever you perform. Your originals or covers. Loudar showcases performances.
How much does Loudar cost to join?
Nothing. Only people placing votes pay money.
Is a fan, artist or agent’s (“User’s”) personal information going to be re-sold to some random third-party advertiser?
No, definitely not. We only use personal information for the purposes of improving Loudar and our user’s experience on Loudar. The Loudar platform does have some communication features in it that enable members to communicate with each other if they choose to. No different to other elective social media features.
Where does all the vote money go?
50% to the Artist, 10% to The Artist’s Agent, 5% to the Artist’s Scout, up to 10% in Artist’s extra cash bonuses and prize money, and the balance 25% in operating the Loudar business. If you add all this up – an Artist who joins Loudar directly and promotes their own performances and progress up the Loudar Rankings can earn up to 75% of their vote money. Remember, Loudar is designed to give Artists the best deal possible.
Do I need to provide my bank account details?
Yes. Loudar pays all money you earn into you nominated bank account. Loudar does not send out cheques.
When does Loudar pay?
You can be paid as often as you want to be paid. When your account balance reaches $50.00 you can withdraw the amount from your Loudar account by transferring it directly to your nominated bank account. There is a account settlement section for this.
Do I need to provide my credit card details?
Only people who place votes provide their credit or debit card details so they can pay for the votes they place. Artists, Talent Scouts, Talent Agents do not need to provide a credit or debit card, unless they wish to vote themselves, which they can do if they want to.
Can I use my Loudar account balance to pay for votes?
No. The balance on your account can only be withdrawn to your nominated bank account. You can only place votes using your credit or debit card.
Is there a limit to how many performances I can upload?
No. Go your hardest.
Is there a limit on how many performances I can send to my social network?
No. It pays to share, so go for it.
Is there a limit on how many artists I can introduce to Loudar?
No. Go your hardest.
Is there a limit on anything?
Other than there only being 24 hours in a day, we can’t think of any.
Artists can enter competitions as contestants. You enter the completion by entering one of your performances – a selected a video from your uploads.
Generally, there are eleven monthly competitions and then a Grand Final.
The contestants in the Grand Final are made up of the top three winners of each monthly competition. Winner, runner up, second runner up.
There can be any number of competitors entering the monthly competitions.
You can only enter a competition with one performance. So, choose your best.
The prizes awarded for monthly competitions and Grand Finals will vary depending upon the total vote pool for the monthly competition and Grand Final.
During competition periods contestants may also gain publicity and exposure (internet, radio, TV) as well as other exciting prizes to help them in the career.
How do I participate in the Competitions?
To participate in an upcoming monthly competition, you simply hit the “Enter Competition Button.” You will then be asked which performance (a video from your uploads) that you want to enter that competition with. The submission period begins one month prior to the start of the monthly competition. You can be notified of this.
When do the competitions start and finish?
The monthly competitions and Grand Final start on the first day of the month and all performance entries will be viewable for the entire month. The competition finishes at midday on the last day of the month, and winners and placings are announced at that time.
How is the winner determined?
It is based on the number of votes. The performance with the most votes during the competition period wins the competition. Second and third places are also based on the number of votes.
Can I enter more than one monthly competition?
Yes, you can, as many monthly competitions as you want to. However, once you enter a performance in a monthly competition you cannot enter that same performance in the next of future monthly competitions. So, you will need to enter a new/different performance each time.
Can I enter the Grand Final using one of the performances I used in a monthly competition?
No, you will need to enter a new/different video. This is the time to upload your Grand Final performance.
How do I receive my competition prize money?
Your prize money is paid directly into your Loudar Account and the end of the competition. You can transfer it to your bank account when you want to.
What if I don’t win one of the monthly competitions? Could I still have chance to enter the Grand Final?
Yes, you still have that chance. In addition to the monthly competition winners, we will also select special contestants that have stood out during the competition year and achieved outstanding success on the Loudar Ranking Charts with their performances. See Loudar Rankings for more information on this.
Can I change a performance once I’ve entered it in a monthly competition or Grand Final?
No, you cannot. However, you can pull out of the monthly competition or Grand Final any time you want to. No problem.
The Loudar platform has a Loudar Ranking Chart for all artists.
Loudar Artists are automatically included in the Loudar Ranking Chart when they join Loudar as an artist and upload their very first performance.
The chart starts at 1 point and goes to 500,000 points.
There are seven levels of attainment on the chart, these are:
Artists get points from “votes” on their performances
One vote is 10 points
Rankings increase your share of vote money
As you increase your ranking you become entitled to more of the vote money for your performances. The percentage of vote money you are paid at each ranking is:
Cash Bonuses paid on each new ranking
When you achieve Silver, Gold, Platinum, Diamond and Legend ranking you receive a cash bonus of $1,000 for each ranking achieved. This is paid the day you achieve the new ranking.
Your ranking can earn you a place in the Grand Final
Even if you did not win or get placed in one of the monthly competitions, you can still be invited to perform in the Grand final if you are in the top ten on the Loudar Ranking Charts one month prior to the Grand Final.
Exposure to Industry Representatives and Venue Managers
Artists with high rankings will be overviewed by industry representatives and venue managers. Loudar connects industry agents with the Loudar Ranking Chart so that artists can be seen by agents, labels and recording houses.
Loudar also connects local venues with the Loudar Ranking Chart so that these local venue managers can discover talented artists living close to them who have an extensive and active local following. Local venues look for proven performers who can bring their local fans with them.
This connection to industry agents and local venues increases an artist’s chance to be asked to perform at live events and local events thereby generating more exposure, more votes, more income, as well as direct income from the venue itself – tickets or paid performances.
Loudar is a genuine gateway to professional exposure in the music industry.
Your Loudar Profile and performances and Loudar Ranking are all designed to showcase your talent.
Now to the legally binding sections below.
- Your Acceptance
By using or visiting the Loudar website or any Loudar products, software, data feeds, and services provided to you on, from, or through the Loudar website (collectively the “Service”) you signify your agreement to these terms and conditions (the “Terms of Service”). If you do not agree to any of these terms, please do not use the Service. The Service is provided by Loudar Global Entertainment Pty Ltd which, along with its products and services, is referred to as “Loudar” in these Terms of Service.
Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version [Terms of Service]. Loudar may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits.
These Terms of Service apply to all users of the Service, including users who are also contributors of Content on the Service. “Content” includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through, or contribute to the Service. The Service includes all aspects of Loudar, including but not limited to all products, software and services offered via the Loudar website.
The Service may contain links to third party websites that are not owned or controlled by Loudar. Loudar has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Loudar will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly relieve Loudar from any and all liability arising from your use of any third-party website.
- Loudar Accounts
In order to access some features of the Service, you will have to create a Loudar Account. You may never use another’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Loudar immediately of any breach of security or unauthorized use of your account.
Although Loudar will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Loudar or others due to such unauthorized use.
- General Use of the Service—Permissions and Restrictions
Loudar hereby grants you permission to access and use the Service as set forth in these Terms of Service, provided that:
You agree not to distribute in any medium any part of the Service or the Content without Loudar’s prior written authorization, unless Loudar makes available the means for such distribution through functionality offered by the Service.
You agree not to alter or modify any part of the Service.
You agree not to access Content through any technology or means other than the video playback pages of the Service itself or other explicitly authorized means Loudar may designate.
You agree not to use the Service for any of the following commercial uses unless you obtain Loudar’s prior written approval:
the sale of access to the Service;
the sale of advertising, sponsorships, or promotions placed on or within the Service or Content; or
the sale of advertising, sponsorships, or promotions on any page of an ad-enabled blog or website containing Content delivered via the Service, unless other material not obtained from Loudar appears on the same page and is of sufficient value to be the basis for such sales.
Prohibited commercial uses do not include:
- uploading an original video to Loudar, or maintaining an original channel on Loudar, to promote your business or artistic enterprise;
- showing Loudar videos through an ad-enabled blog or website, subject to the advertising restrictions set forth above in Section 4.D; or
- any use that Loudar expressly authorizes in writing.
If you use the Loudar Uploader, you agree that it may automatically download and install updates from time to time from Loudar. These updates are designed to improve, enhance and further develop the Uploader and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit Loudar to deliver these to you) as part of your use of the Uploader.
You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Service in a manner that sends more request messages to the Loudar servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Loudar grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Loudar reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Service, nor to use the communication systems provided by the Service (e.g., comments, email) for any commercial solicitation purposes and you agree not to solicit, for commercial purposes, any users of the Service with respect to their Content other than what Loudar has approved via Loudar Terms of Service and Loudar Policies.
In your use of the Service, you will comply with all applicable laws.
Loudar reserves the right to discontinue any aspect of the Service at any time.
- Your Use of Content
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content.
The Content on the Service, and the trademarks, service marks and logos (“Marks”) on the Service, are owned by or licensed to Loudar, subject to copyright and other intellectual property rights under the law.
Content is provided to you AS IS. You may access Content for your information and personal use solely as intended through the provided functionality of the Service and as permitted under these Terms of Service. You shall not download any Content unless you see a “download” or similar link displayed by Loudar on the Service for that Content. You shall not copy, reproduce, make available online or electronically transmit, publish, adapt, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of Loudar or the respective licensors of the Content. Loudar and its licensors reserve all rights not expressly granted in and to the Service and the Content.
You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein.
You understand that when using the Service, you will be exposed to Content from a variety of sources, and that Loudar is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Loudar with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless Loudar, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Service.
- Your Content and Conduct
As a Loudar member you may submit Content to the Service, including videos, votes and user comments. You understand that Loudar does not guarantee any confidentiality with respect to any Content you submit.
You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content on the Service. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit; and you license to Loudar all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on the Service pursuant to these Terms of Service.
For clarity, you retain all of your ownership rights in your Content. However, by submitting Content to Loudar, you hereby grant Loudar a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, publish, adapt, make available online or electronically transmit, and perform the Content in connection with the Service and Loudar’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Service a non-exclusive license to access your Content through the Service, and to use, reproduce, distribute, display, publish, make available online or electronically transmit, and perform such Content as permitted through the functionality of the Service and under these Terms of Service. The above licenses granted by you in video Content you submit to the Service terminate within a commercially reasonable time after you remove or delete your videos from the Service. You understand and agree, however, that Loudar may retain, but not display, distribute, or perform, server copies of your videos that have been removed or deleted. The above licenses granted by you in user comments you submit are perpetual and irrevocable.
You further agree that Content you submit to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant Loudar all of the license rights granted herein.
You further agree that you will not submit to the Service any Content or other material that is contrary to the Loudar Policies which may be updated from time to time, or contrary to applicable local, national, and international laws and regulations.
Loudar does not endorse any Content submitted to the Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and Loudar expressly disclaims any and all liability in connection with Content. Loudar does not permit copyright infringing activities and infringement of intellectual property rights on the Service, and Loudar will remove all Content if properly notified that such Content infringes on another’s intellectual property rights. Loudar reserves the right to remove Content without prior notice.
- Account Termination Policy
Loudar will terminate a member’s access to the Service if, under appropriate circumstances, the member is determined to have uploaded content that violates the Loudar Terms of Service. Loudar reserves the right to decide whether Content violates these Terms of Service for reasons other than copyright infringement, such as, but not limited to, pornography, obscenity, or excessive length. Loudar may at any time, without prior notice and in its sole discretion, remove such Content and/or terminate a member’s account for submitting such material in violation of these Loudar Terms of Service.
Loudar members must not infringe the copyright of a third party. Loudar will terminate user access to the Loudar Service if a user has been determined to be a repeat infringer. A repeat infringer is a user who has been notified of infringing a person’s copyright more than twice.
- Intellectual Property Rights – Artists
The Service provides Artists with the ability to upload Digital Content by such Artists to the Site, including but not limited to sound recordings (“Sound Recordings”), videos synchronized with Sound Recordings and other audiovisual works (collectively, “Music Videos”), and the musical works embodied within Sound Recordings and Music Videos (“Musical Works” and, collectively with Sound Recordings and Music Videos, the Artist’s “Music”). Loudar will not have any ownership rights in any elements of an Artist’s Music, however, Loudar needs the following license to perform the Service. Each Artist uploading Music to the Service grants Loudar and its authorized sublicensees and distributors, if any, the worldwide, non-exclusive, royalty-free, right and license to:
(i) reproduce, distribute, promote publicly perform (including on a through-to-the-audience basis and by means of a digital audio transmission), publicly display, create derivate works of, communicate to the public, synchronize and otherwise exploit (collectively, “Exploit”)
(ii) the Artist’s Music and perform the Service on the Artist’s behalf (e.g., reproduce, transcode, copy and store the Artist’s Music on computer servers owned and/or operated by or on behalf of Loudar or its authorized sublicensees and distributors, and publicly perform, transmit, synchronize, stream, distribute, and playback the Artist’s Music) using any technologies or methodologies now known or hereafter developed, and
(iii) Exploit all associated copyrightable works or metadata, including, without limitation, song lyrics and musical notations, album cover artwork, photographs, graphics, and descriptive text (“Artworks”) in connection with the Service);
(iv) allow users of the Service to receive public performances and public displays of the Artist’s Music and Artworks and to reproduce the Artist’s Music and Artworks on any and all devices owned or controlled by the user for non-commercial purposes and receive performances and displays of same; and
(v) reproduce, use, and publish, and to permit others to reproduce, use and publish, the name(s), trademarks, likenesses, and personal and biographical materials of the Artist, in connection with the provision of the Service.
To enable Loudar to Exploit your Music pursuant to the above provisions, you hereby grant to Loudar the worldwide, non-exclusive, royalty-free, sublicensable, and transferable right to use, distribute, reproduce, copy, and display your trademarks, service marks, slogans, logos or similar proprietary rights (collectively, the “Trademarks”) solely in connection with the Service or in the marketing, promotion or advertising of the service, including in all forms of marketing, promotion, and advertising materials now known or hereafter created.
you represent and warrant that the use or other exploitation of your Music and/or Artworks by Loudar and its authorized sublicensees and distributors and/or by users of Loudar as contemplated by this Agreement will not infringe or violate the rights of any third party, including, without limitation, any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.
You represent and warrant that no fees of any kind shall be due any third party, including, but not limited to, any union, guild, non-featured vocalist or musician, engineer or producer, for the use or re-use of your Music as authorized under this Agreement.
- Intellectual Property Rights – viewers and members.
The Loudar Service provides viewers and members with the ability to vote, share, distribute or post (“Submitting” or “Submission”) content, on Artist’s videos (including Music Videos), audio clips (including Music), written forum comments, data, text, photographs, software, scripts, graphics, or other information to the Site (collectively, the “User Submissions”).
By Submitting User Submissions on the Site or otherwise through the Service, you:
- acknowledge that by Submitting any User Submission to the Site, you are publishing that User Submission, and that you may be identified publicly by your User ID in association with any such User Submission;
- by Submitting any User Submissions through the Site or the Service, you hereby grant Loudar a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable and transferable license to use, edit, modify, reproduce, distribute, prepare derivative works of, publicly display, publicly perform (including on a through-to-the-audience basis and by means of a digital audio transmission), communicate to the public, synchronize and otherwise fully exploit the User Submissions in connection with the Service and Loudar’s (and its successors and assigns’) business, including without limitation for promoting and redistributing part or all of the Service in any media formats and through any media channels (including, without limitation, third party websites), whether now known or hereafter developed. You also hereby do and shall grant each user of Loudar and/or the Service a non-exclusive license to access your User Submissions through the Site and the Service, and to use, edit, modify, reproduce (on any and all devices owned or controlled by the user), distribute, prepare derivative works of, display and perform such User Submissions solely for personal, non-commercial use. For clarity, the foregoing license grant to Loudar does not affect your other ownership or license rights in your User Submission(s), including the right to grant additional licenses to the material in your User Submission(s), unless otherwise agreed in writing;
- you agree to pay all voting fees of any User Submissions to the Service;
- that the use or other exploitation of such User Submissions by Loudar and use or other exploitation by users of the Site and Service as contemplated by this Agreement will not infringe or violate the rights of any third party, including without limitation any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights; and
- understand that Loudar shall have the right to delete, edit, modify, reformat, excerpt, or translate any materials, content or information submitted by you; and that all information publicly posted or privately transmitted is the sole responsibility of the person from which such content originated and that Loudar will not be liable for any errors or omissions in any content; and that Loudar cannot guarantee the identity of any other users with whom you may interact in the course of using the Service.
- Loudar does not endorse and has no control over any User Submission. Company cannot guarantee the authenticity of any data which users may provide about themselves. You acknowledge that all Content accessed by you using the Service is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.
- Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, LOUDAR, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS EXCLUDE ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. TO THE FULLEST EXTENT PERMITTED BY LAW, LOUDAR EXCLUDES ALL WARRANTIES, CONDITIONS, TERMS OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. LOUDAR DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND LOUDAR WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
- Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL LOUDAR, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, LOSSES OR EXPENSES OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WE UNDERSTAND THAT, IN SOME JURISDICTIONS, WARRANTIES, DISCLAIMERS AND CONDITIONS MAY APPLY THAT CANNOT BE LEGALLY EXCLUDED, IF THAT IS TRUE IN YOUR JURISDICTION, THEN TO THE EXTENT PERMITTED BY LAW, LOUDAR LIMITS ITS LIABILITY FOR ANY CLAIMS UNDER THOSE WARRANTIES OR CONDITIONS TO EITHER SUPPLYING YOU THE SERVICES AGAIN (OR THE COST OF SUPPLYING YOU THE SERVICES AGAIN).
YOU SPECIFICALLY ACKNOWLEDGE THAT LOUDAR SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Service is controlled and offered by Loudar from its facilities in Australia and New Zealand. Loudar makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Loudar, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Service.
- Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service.
We provide these Terms of Service with our Service so that you know what terms apply to your use. You acknowledge that we have given you a reasonable opportunity to review these Terms of Service and that you have agreed to them.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Loudar without restriction.
These Terms of Service, together with the Privacy Notice and any other legal notices published by Loudar on the Service, shall constitute the entire agreement between you and Loudar concerning the Service. If it turns out that a particular term is not enforceable, this will not affect any other terms. No waiver of any term of this Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Loudar’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. YOU AND LOUDAR AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Loudar Paid Service Terms Agreement
Effective as of 1st January 2019.
Loudar allows you to access certain premium features or content in exchange for a voting fees, as applicable to the relevant features or content (collectively, each a “Paid Service” and collectively the “Paid Services”). The Paid Services include Loudar video voting services. Your transactions and any other use of the Paid Services are subject to these Loudar Paid Service Terms Agreement (“Paid Service Terms”).
- Your Acceptance
By using a Paid Service, you signify your agreement to (1) these Paid Service Terms; and (2) Loudar’s Terms of Service, Privacy Notice, and Loudar Policies applicable to your geographic location, and all other terms and conditions that generally apply to the Loudar website. We’ll refer to these documents together as the “Terms”. Please read the Terms carefully. If you do not understand the Terms, or do not accept any part of them, then you may not use the Paid Services.
Each time you place an order/vote for a Paid Service, you enter into a separate contract for services on these Terms. When you complete a purchase, you signify that you wish to enter into a binding contract for the provision of the applicable Paid Services.
- Payment, Refund and Cancellation Policy
Payment: Loudar accepts payment via the current payment method indicated prior to purchase. You must have a valid accepted form of payment on file in order to purchase votes. You agree to abide by any relevant Terms of Service or other legal agreement, whether with Loudar, or a third party, that governs your use of a given payment processing method. Prices for votes may change at any time, and Loudar does not provide price protection or refunds in the event of a price reduction or promotional offering. You agree to pay for the votes you place. Loudar will charge your credit card or other form of payment for the price listed on the relevant vote/s, along with any additional amounts relating to applicable taxes, bank fees and currency fluctuations. If the payment method on file becomes invalid due to an expired credit card or other similar reason and we are unable to charge you for your vote/s, Loudar reserves the right not to process your vote/s.
Taxes: If Loudar is required to collect or pay any taxes in connection with your purchase of a vote, such taxes will be charged to you at the time of each purchase transaction. Additionally, if required by law, you are responsible for reporting and paying certain taxes in connection with your vote/s. Such taxes may include duties, customs fees, or other taxes (other than income tax), along with any related penalties or interest, as applicable to your purchase or country of purchase.
Refunds: You cannot cancel your vote once it is placed and recorded. You cannot receive a refund for votes once placed once your payment is confirmed. Voting payments cannot be reversed.
Your use of the Loudar Services must be only for musical audition and artist performing purposes only. You agree not to use any part of the Service, in whole or in part in connection with any public presentation even if no fee is charged (except where such use would not constitute a copyright infringement). You agree to use the Loudar Service only to support your favorite Artists in line with Loudar’s Terms of Service, Privacy Notice, and Loudar Policies. You are receiving a non-exclusive license to access the Loudar Service and all rights, title and interest in the Loudar Services (including any content offered through the Loudar Services) not expressly granted to you in these Terms are reserved by Loudar and its licensors. If Loudar reasonably determines that you violated any of the terms and conditions of the Loudar Service Terms, your rights under this Section 4 will immediately terminate and Loudar may terminate your access to the Loudar Service and/or your Loudar account without notice and without refund to you.
When you use the Loudar Service, you may not (or attempt to):
use the Loudar Service in an illegal manner or for an illegal purpose. You cannot share your Loudar account password with someone else to allow them to access any Loudar Service that such person did not order. You cannot copy, sell, rent, or sublicense the Loudar Service Content to any third party or circumvent, reverse-engineer, modify, disable, or otherwise tamper with any security technology that Loudar uses to protect the Loudar Service or encourage or help anyone else to do so. You cannot access the Loudar Service other than by means authorized by Loudar; or remove any proprietary notices or labels on the Loudar Service.
Changes or Discontinuation of Loudar Services. Loudar reserves the right to change the availability of the Loudar Service. In addition, we reserve the right to modify, suspend, or discontinue the Loudar Service with or without notice to you and we will not be liable to you or any third party for any such modifications, suspension, or termination.
Changes to the Loudar Service Terms. We may also change these Service Terms from time to time so we encourage you to periodically review the most up-to-date version of the Loudar Service Terms. If the Loudar Service Terms change, you will have the opportunity to review the new terms when you next purchase any Loudar Service. By completing the purchase, you signify your agreement to the new Loudar Service Terms, and further, that they will apply to your use of the Service as a whole. If you refuse to accept the updated Loudar Service Terms then you will not maintain your status as a Loudar Member as outlined in the Loudar Services.
- Payments to Artists, Scouts and Agents
The Loudar Service provides an opportunity for Loudar Members (Artists, Scouts and Agents) to be paid income into their Loudar Accounts in accordance with the Loudar Terms of Service. Transfers from Loudar Accounts to a member’s bank account will only be permitted once the Loudar account balance reaches $50.00. If a Loudar Account is dormant for a continuous period of 12 months (meaning no vote or payment transactions in the 12 month period), the Account balance will be forfeited to Loudar Global Entertainment Pty Ltd.
- Other Terms
You acknowledge and agree that certain content available in the Loudar Service may be considered offensive to some people and that such content may not be labeled as such. Additionally, certain descriptions of Loudar Service or content available in the Loudar Service are not guaranteed to be accurate. You agree to use the Loudar Service at your own risk and, subject to applicable laws, Loudar will have no liability to you for any content that you find offensive.
The Loudar Service is provided by Loudar Global Entertainment Pty Ltd.
Complaints and/or feedback about your Loudar Service experience may be sent to the following Loudar address: email@example.com
You agree that you are solely responsible for (and that Loudar has no responsibility to you for) your use of the Loudar Service, any breach of your obligations under the Loudar Service Terms, and for the consequences (including loss or damage of any kind which Loudar may suffer) of any such breach.
You acknowledge and agree that you are responsible for paying for your votes in a timely manner and for providing us with a valid credit card or other form of payment acceptable to Loudar. IN ADDITION, YOU ACKNOWLEDGE THAT YOUR ONLINE ACCEPTANCES CONSTITUTE A BINDING AGREEMENT BETWEEN YOU AND LOUDAR AND SIGNIFY YOUR INTENT TO BE BOUND TO SUCH ONLINE ACCEPTANCES.
SUBJECT TO APPLICABLE LAWS, IN NO EVENT WILL LOUDAR OR ITS AFFILIATES’ AGGREGATE LIABILITY FOR ANY AND ALL CAUSES OF ACTION BROUGHT BY YOU OR YOUR AGENTS ARISING FROM OR RELATED TO THE SERVICES EXCEED THE PAYMENTS ACTUALLY RECEIVED AND RETAINED BY LOUDAR FROM YOU FOR THE LOUDAR SERVICES.
Unless not permitted by applicable law, you acknowledge and agree that that these Loudar Service Terms, your transaction for the Loudar Service, and your relationship with Loudar under these Loudar Service Terms shall be governed by the laws of the State of Queensland, Australia., without respect to its conflict of laws principles and any claim or dispute that arises in whole or in part from your use of the Loudar Website and the Loudar Service will be decided exclusively by a court of competent jurisdiction located in Queensland, Australia.
Loudar Service Usage Rules
As described in the Loudar Service Terms Agreement, how you use the Loudar Service may vary depending on your type of Loudar membership. The usage rules applicable to each membership are detailed below, and may change over time as we add new features, devices and content to our service. You may also visit the Loudar Help Center for more information.