TERMS AND CONDITIONS
Welcome to The Loop, a free web service, and design-centric network site that fosters collaboration, networking, and productivity in the creative professional community. Our website www.theloop.com.au (the “Site”) is operated and provided by Looped Pty Ltd ACN 150 644 376 ("We," "Us," or "The Loop").
We aspire to do the right, ethical and legal thing in bringing you this site, and we ask that you use the same judgment as you read, use, link to, and share the content hosted on The Loop. When utilizing The Loop content, we ask that you give credit where appropriate and don't edit our content – or content that belongs to others without permission. If we've made an error, please let us know. You can reach us at firstname.lastname@example.org
Whilst we believe you will do the right thing at all times, our lawyers, and hence we, require you to accept these terms and condition.
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY.
1. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE
The content and services offered at the Site and any associated sites from time to time, and any communications service (including the capability to contribute links and other information), or other interactive service that may be available to you on or through this site, are provided to you under the terms and conditions of these Terms and Conditions which includes any operating rules or policies that may be published by us at the Site from time to time. The Terms and Conditions and all such operating rules or policies comprise the entire agreement between you and us and supersede all prior agreements between you and us regarding the subject matter contained herein.
IMPORTANT: BY COMPLETING THE REGISTRATION PROCESS, OR USING THE LOOP, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS HEREIN.
2. ELIGIBILITY AND SERVICES VOID WHERE PROHIBITED
You must be thirteen or older to register as a member of The Loop. Use of the Service is void where prohibited. By using this Site, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all the Terms and Conditions of this Agreement.
3. GENERAL TERMS AND CONDITIONS
The Loop may change the Terms and Conditions from time to time and at any time, and without actual notice to you. All such changes to these Terms and Conditions will appear on the Site. By using this Site after we post any changes, you agree to those changes. If at any time you choose not to accept these Terms and Conditions, please do not use this site.
We are the sole owner of the information collected on this site. We will not sell, share, or rent this information to others in ways different from what is disclosed in this statement. We collect information from the Sites visitors at several different points on our website.
In order to use our Site, it is necessary for you to disclose personal information, including your name, email address, phone number, credit card details and other any other information reasonably requested in order for us to process orders and provide you customer service
5. DESCRIPTION OF SERVICE
The Loop provides Users with a variety of online services, including but not limited to:
THE LOOP-GENERATED CONTENT. Examples of how creative professionals manage their ideas and increase productivity.
USER-GENERATED CONTENT. Uploaded or entered multimedia content developed and owned by creative professionals across industries.
THE LOOP-CONTENT STORAGE. The Loop does not store your up-loaded original files e.g. Image, Video and Audio assets. All media is converted and optimized for your profile then deleted.
JOB LIST. A directory of jobs in the creative professional community.
PRIVATE EVENTS. A private event is a private gathering or get-together hosted and attended by either The Loop or a group of The Loop users.
PUBLIC EVENTS. A public event is a gathering or get-together that is open to all members of the The Loop community.
OTHER FEATURES. You may also conduct various other tasks through the service. In order to use any feature of the Service not described above, you may be required to register for a free The Loop account.
(collectively the “Services”)
5A. USE OF THE SERVICE
a. If you post job listings on the Site, you must:
(i) post one listing per position available;
(ii) only post listings for current positions; and
(iii) ensure that each listing you post is accurate and is not misleading or deceptive.
b. Other than as contemplated by these terms and conditions or as agreed by The Loop in writing from time to time, you must not use the Service:
(i) for any commercial purpose whatsoever;
(ii) to advertise, transmit or solicit and commercial messages of any sort;
(iii) to mine or collect information or data;
( iv) to use a 'People' profile for the purposes of recuitment services in contacting individuals with professional opportunities; and/or
(v) in a manner that The Loop considers to be in conflict with the spirit or intent of the Service.
You are solely responsible for any data, text, software, music sound, images, photographs, graphics, video, messages, files or other materials ("Content") which is transmitted, posted, or distributed by you through the Service, including but not limited to the contents of your e-mail communications, information, photos or images posted by you or posted to your Profile Page and information, photos, images, sound files or other Content posted by you in a forum or other page. By posting Content you warrant and represent that you own all right, title and interest to that Content and any likenesses contained in that Content. The Loop does not own or control the Content posted by Users via the Service and, does not guarantee the accuracy, integrity or quality of such Content. You may be exposed to Content posted by other Users that may be offensive, indecent or objectionable. Under no circumstances will The Loop be liable in any way for any Content posted by any User or third party, including, but not limited to, liability for 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, e-mailed or otherwise transmitted via the Service.
7. USER'S GRANT OF LIMITED LICENSE
You grant The Loop a limited license for the royalty-free, unrestricted, world-wide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, distribute, perform and display Your Content (in whole or part), worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. Such license enables us to feature or use your content in promotional or marketing materials. You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of Your Content. You also warrant that any "moral rights" in posted materials have been waived. You acknowledge and agree that the display or use of Your Content shall be in the sole discretion of The Loop and Your Content may or may not be included on The Loop website for any reason or no reason at all.
8. USER CONDUCT AND CONTENT
The Site and the Services are provided to you solely for information, entertainment and organizational purposes. You acknowledge and agree:
a. to provide true, accurate, current and complete information about yourself as prompted by the subscription form, contribution form and/or any registration form. If any information provided by you is untrue, inaccurate, not current or incomplete, The Loop reserves the right to reject any of your Contributions and to terminate your right to use the Site and refuse any and all current or future use of the Services. There is no obligation on us to test the accuracy of your content
b. without limitation of the foregoing, not to use the Site or Services to submit any Contribution regarding any products or multimedia files, or make comments about them, that are unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, libelous, deceptive, fraudulent, contains explicit or graphic descriptions or accounts of sexual acts, invasive of another's privacy, or hateful; or that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability.
c. not to harvest, collect or store information about Users or the content posted by others on this Site or use such information for any purpose inconsistent with the purpose of this Site or for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic mail or communications. Illegal and/or unauthorized use of The Loop, including aggregating usernames and other contact information for the purpose of sending unsolicited communications is prohibited. Unauthorized framing of the Site is also prohibited. Inappropriate use may result in your being removed from participant listings without notice and may result in termination of your privileges for participation in The Loop. Appropriate legal action may also be taken for any unauthorized use of The Loop.
d. that The Loop is not responsible for material submitted to The Loop or posted to the Site by Users. The Loop does not pre-screen, monitor, review or edit the Content posted by Users. However, The Loop and its designees have the right (but not the obligation) at their sole discretion to refuse or remove any Content, in whole or part, that in our judgment does not comply with these Terms and Conditions or is otherwise undesirable, inappropriate or inaccurate. The Loop is not responsible for any failure, non-failure or delay in removing such Contribution. You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such submitted material, including any Content or part thereof, or other communication to The Loop. You agree to immediately notify The Loop of any unauthorized use of the Service or any other breach of security that you know or suspect.
9. MODIFICATIONS TO SERVICE
The Loop reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that The Loop shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
10. FEES AND PAYMENT
a. This paragraph 10 only applies if you use part of the Service that you agree to pay The Loop for (including, without limitation, placing a job advertisement on the Job List).
b. The Loop will invoice you upon your use of the relevant part of the Service.
c. You must pay the amount invoiced within 14 days of the date of the invoice using one of the payment methods specified on the invoice.
d. If you fail to make payment by the due date, The Loop may:
• Charge you interest on amounts outstanding at its primary bank’s standard overdraft rate or similar credit interest rate; and
• Remove any job advertisement placed by you on The Loop and disable your profile on The Loop
e. The Loop does not offer refunds
f. All prices are shown in Australian Dollars
g. Credit will be instantly applied to the users account to the dollar value purchased upon successful payment
11. INTELLECTUAL PROPERTY RIGHTS
a. You acknowledge and agree that all information including but not limited to data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials, including Content contained in sponsor advertisements or information presented to you through the Service or by advertisers may be protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.
b. Thus, all Content is either the copyrighted property of The Loop, or the copyrighted content of its Users that created and submitted the content, and its affiliates or licensors. As between The Loop and you, The Loop is the sole owner of all The Loop-generated content on the Site, including without limitation, all applicable copyrights, patents, trademarks, and trade secrets, and other intellectual property rights thereto. Participants in The Loop retain all rights, titles, and interests in and to the content provided by the Participant hereunder (including, without limitation, the copyrights in and to the Participant's Content), subject to the non-exclusive rights in the licenses granted to The Loop under this agreement. The Participant is free to grant similar rights to others during and after the Term of this Agreement.
c. All individual articles, content and other elements comprising this Service are also copyrighted works. In addition to abiding by any rights each author may have retained in connection with each such article, you must also abide by all additional copyright notices or restrictions contained in this Service.
d. Unless expressly permitted by The Loop or advertisers, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, rent, lease, sell, or in any way exploit any part of this Service.
e. Neither you nor any third party shall make use of the contents of the Service in any manner that constitutes an infringement of our rights, including copyright or trademark that has not been expressly authorized by us.
You agree to defend, indemnify and hold The Loop, its affiliates, officers, directors, employees, representatives, successors and assigns, harmless from any and all claims, liabilities, costs and expenses, including reasonable legal fees, arising in any way from your use or misuse of the Site or Services, or the uploading, posting, publishing, e-mailing, reproduction, distribution or transmission of any Content or other materials by you or Users authorized by you or any violation of these Terms and Conditions by you (including, but not limited to, any claim that your Content infringes the rights of any third party).
13. YOUR CONTRIBUTIONS
You acknowledge and agree that The Loop may preserve any Contribution and may also disclose your Contribution if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary: (a) to comply with legal process; (b) to enforce these Terms and Conditions; (c) to respond to claims that any Contribution violates the rights of third-parties; or (d) to protect the rights, property, or personal safety of The Loop, its Users or the public.
a. You understand that the technical processing and transmission of the Site, including your Contribution, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. The Loop assumes no responsibility for the deletion or failure to store Contributions or other information submitted by you or other Users to The Loop.
b. Any or all Content on the Site may be purged periodically at The Loop's sole discretion. You acknowledge and agree that all Content you view, submit or post is at your own discretion and risk, including any reliance on the accuracy, completeness, or usefulness of such Content. You acknowledge that you may not rely on any Content created by The Loop or submitted to The Loop. You further acknowledge and agree that the views expressed on the Site do not necessarily reflect the views of The Loop, and The Loop does not support or endorse Content posted or submitted by you or any User.
c. In operating this site, The Loop does not solicit nor does it wish to receive any confidential, secret or proprietary information or other material from you. Any information or material submitted or sent to The Loop, will be deemed not to be confidential or secret. By submitting or sending information or other material to The Loop you represent and warrant that the information is original to you and that no other party has any rights to the material, and that the material and information will not violate any of the prohibitions set forth above ("User Conduct").
14. LINKED SITES
You may be able to link to third parties' Sites ("Linked Sites") from the The Loop Site. Linked Sites are not, however, reviewed, controlled, or examined by The Loop in any way and The Loop is not responsible for the content, availability, advertising, products or other materials of any such Linked Sites, or any additional links contained therein. These links do not imply The Loop's endorsement of or association with the Linked Sites. It is your sole responsibility to comply with the appropriate terms of service of the Linked Sites as well as with any other obligation under copyright, secrecy, defamation, decency, privacy, security and export laws related to the use of such Linked Sites and any content contained thereon. In no event shall The Loop be liable, directly or indirectly, to anyone for any loss or damage caused by or in connection with use of the Linked Sites or the information or material accessed-through these Linked Sites. You should direct any concerns to that site's administrator or webmaster. The Loop reserves the exclusive right, at its sole discretion, to add, change, decline or remove, without notice, any feature or link to any of the Linked Sites from the Site and/or to introduce different features or links to different Users.
a. SPECIAL NOTICE: LINKED SITES MAY CONTAIN CONTENT AND GRAPHICS THAT MAY BE OFFENSIVE, INCLUDING BUT NOT LIMITED TO SEXUALLY EXPLICIT MATERIAL UNSUITABLE FOR MINORS. IF YOU ENTER THESE LINKED SITES, YOU ASSERT THAT YOU ARE OF LEGAL AGE IN YOUR JURISDICTION TO VIEW SUCH MATERIALS AND THAT THE VIEWING, READING, AND/OR DOWNLOADING OF CONTENT FROM THESE LINKED SITES DOES NOT VIOLATE THE COMMUNITY STANDARDS OF YOUR LOCALITY, CITY, TOWN, COUNTY, STATE, PROVINCE, COUNTRY OR OTHER COMMUNITY TO WHICH YOU BELONG, AND/OR FROM WHICH YOU ACCESS THESE LINKED SITES.
b. Permission must be granted by us for any type of link to The Loop. To seek our permission, you may write to The Loop at email@example.com. We reserve the right, however, to deny permission to link to The Loop or rescind any permission previously granted by us to link through any type of link, and to require termination of any such link to the Site, at our discretion at any time.
15. DEALINGS WITH ADVERTISERS & SPONSORS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that The Loop shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
16. PARENTAL PERMISSION
This Site is not intended for use by children under thirteen (13) years of age, and The Loop does not knowingly collect personal information from children under thirteen years of age. Some of the available information may concern certain topics that may not be appropriate for children. The Loop may, at its discretion, require Users under 18 to obtain the consent of a parent or guardian to view certain content. You agree to abide by any such restrictions, and not to help anyone circumvent these restrictions.
17. DISCLAIMER OF WARRANTIES
a. THE WEB SITE AND SERVICES ARE PROVIDED "AS IS," "WHERE IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING, THE LOOP AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, SUCCESSORS AND ASSIGNS, SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS, USEFULNESS, OR OTHERWISE OF THE CONTENT OF THE WEB SITE OR SERVICES; AND (ii) ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, SECURITY, OR FITNESS FOR A PARTICULAR PURPOSE.
b. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY THE WEB SITE, INCLUDING WITHOUT LIMITATION AS A RESULT OF (1) ANY ERROR, OMMISSION, DELETION OR DEFECT IN THE CONTENT, OR (2) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, DEFAMATION OR UNDER ANY OTHER CAUSE OF ACTION.
c. THE LOOP DOES NOT WARRANT OR GUARANTEE (1) THAT ANY PORTION OF THE WEB SITE WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; OR (2) THAT ACCESS TO THE WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE.
d. THE LOOP DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS WEB SITE. YOU (RATHER THAN THE LOOP OR ANY OF ITS AGENTS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
e. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
18. LIMITATION OF LIABILITY
a. IN NO EVENT WILL THE LOOP, ITS SPONSORS, ADVERTISERS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, SUCCESSORS AND ASSIGNS, BE LIABLE TO ANY PARTY (i) FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE WEB SITE, EVEN IF THE LOOP OR ITS AGENTS SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; OR (ii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF THE WEB SITE. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, TO THE FULLEST EXTENT ALLOWED BY LAW, YOU AGREE TO WAIVE AND DISCHARGE ALL CLAIMS, RELEASE THE LOOP FROM ALL LIABILITY AND INDEMNIFY AND HOLD HARMLESS THE LOOP, ITS SUBSIDIARIES, AFFILIATES, PARENT COMPANY, OFFICERS, AGENTS, AND OTHER PARTNERS AND EMPLOYEES, FROM ANY AND ALL LIABILITY ON ACCOUNT OF, OR IN ANY WAY RESULTING FROM INJURIES AND DAMAGES IN ANY WAY CONNECTED WITH ANY EVENTS OR ACTIVITIES. YOU AGREE AND UNDERSTAND AND INTEND THAT THIS ASSUMPTION OF RISK AND RELEASE IS BINDING UPON YOU AND YOUR HEIRS, EXECUTORS, AGENTS, ADMINISTRATORS AND ASSIGNS, AND INCLUDES ANY MINORS ACCOMPANYING THE USER AT THE EVENTS.
b. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE LOOP'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
19. APPLICABLE LAWS / JURISDICTION
a. You agree to comply with all local rules and laws regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data.
b. Notwithstanding local rules or laws regarding your use of the Site, you agree that the laws of the State of New South Wales, Australia shall govern these Terms and Conditions. You expressly agree that exclusive jurisdiction for any claim or dispute with The Loop or relating in any way to your use of the Site shall be in the courts located in New South Wales Australia, and you further agree and expressly consent to the exercise of jurisdiction in such courts in connection with any such dispute, including any claim involving The Loop or its affiliates, officers, directors, employees, representatives, successors, assigns, or content providers.
Any inquiries concerning these terms and conditions of use should be directed to us at firstname.lastname@example.org. If any part of these Terms and Conditions is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Nothing in these Terms and Conditions shall be deemed to create any rights for any third party beneficiary. The section titles in these Terms and Conditions are for convenience only, and have no legal or contractual effect. You shall not transfer, assign, sublicense nor pledge in any manner whatsoever, any of your rights or obligations under these Terms and Conditions. The Loop may transfer, assign sublicense or pledge in any manner whatsoever, any of its rights and obligations under these Terms and Conditions to a subsidiary, affiliate, or successor thereof or to any third party whatsoever, without notifying you or receiving your consent. If you have any questions about this policy or our site in general, please contact us at email@example.com
Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the state and federal courts of the State of New South Wales.