Terms of Service
Terms of Service
The Service is intended for persons 13 and older. Access to or use of the Service by anyone under 13 is expressly prohibited. By accessing or using the Service you represent and warrant that you are 13 or older.
Furthermore, the user understands, acknowledges and agrees that the Services offered shall be provided “AS IS” and as such Loud shall not assume any responsibility or obligation for the timeliness, missed delivery, deletion and/or any failure to store user content, communication or personalisation settings.
Loud, in its sole discretion and at any time, may modify the fees for Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle. Loud will provide you with reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective. Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
Users can grow a business of any size by choosing a plan that’s right for them.
Paid Loud users have access to all features and will not be limited to how many posts they can schedule per month.
Subscriptions are either 1 month or 12 months in length, dependant on how the user would prefer to pay for the subscription service.
For more information about pricing, please see our Pricing.
Payments for subscriptions purchased via our website are administered through Stripe Billing. By signing up for a Subscription, you agree to be billed the then-current amount at the scheduled interval, as indicated upon creation of the Subscription. Subscriptions will automatically renew at the then-current rate unless terminated in accordance with the ‘Termination’ section of this Term of Use.
Subscriptions automatically renew unless the subscriptions are terminated at least 24-hours before the end of the current period.
Your account will be charged for renewal within 24-hours prior to the end of the current period, and identify the cost of the renewal.
Subscriptions may be managed by the user by going to the user’s Account Settings after purchase.
Any unused portion of a free trial period will be forfeited when the user purchases a subscription.
To register and become a “member” of the Site, you must be in good standing and not previously barred from receiving Loud’s Services under any applicable jurisdiction. Furthermore, the registering party hereby acknowledges, understands and agrees to:
- ▪ Furnish factual, correct, current and complete information with regards to yourself as may be requested by the data registration process, and
- ▪ Maintain and promptly update your registration and profile information in an effort to maintain accuracy and completeness at all times.
Member Account, Username, Password and Security
You shall be responsible for maintaining the secrecy and confidentiality of your password and for all activities that transpire on or within your account. It shall be your responsibility to notify Loud immediately if you notice any unauthorised access or use of your account or password or any other breach of security.
Loud shall not be held liable for any loss and/or damage arising from any failure to comply with this term and/or condition of the Terms. You agree to be responsible for all actions arising from your account as a member.
Loud herein reserves the right to include the use of security components that may permit digital information or material to be protected, and that such use of information and/or material is subject to usage guidelines and regulations established by Loud or any other content providers supplying content services to Loud. You are hereby prohibited from making any attempt to override or circumvent any of the embedded usage rules in our Services. Furthermore, unauthorised reproduction, publication, distribution, or exhibition of any information or materials supplied by our Services, despite whether done so in whole or in part, is expressly prohibited.
Except when required by law, paid Subscription fees are non-refundable. See Refund Policy for details.
Loud allows you to post, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness.
By posting Content to the Service, you grant us the right and license to use, modify, perform, display, reproduce, and distribute such Content on and through the Service. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights.
Further, you warrant that: (i) the Content will not cause you or us to breach any law, regulation, rule, code or other legal obligation; (ii) the Content will not or could not be reasonably considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy; (iii) the Content will not be unsolicited, undisclosed or unauthorised advertising; (iv) the Content does not contain software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware or telecommunications equipment; and (v): the Content does not bring us or the Service into disrepute
You agree to keep all records necessary to establish that your Content does not violate any of the requirements this clause and make such records available upon our reasonable request.
Loud herein reserves the right to pre-screen, refuse and/or delete any content currently available through our Services. In addition, we reserve the right to modify, remove and/or delete any such content that would violate the Terms or which would otherwise be considered offensive to other visitors, users and/or members. If we modify, remove and/or delete content, you may not be able to recover the original content, even if you uploaded it.
The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Loud and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Circle tools INC. Nothing in these Terms constitutes a transfer of any Intellectual Property rights from us to you.
You are permitted to use the Service only as authorised by us. As a user, you are granted a limited, non-exclusive, revocable, non-transferable right to use the Service to create, display, use, play, and download Content subject to these Terms.
Our Intellectual Property must not be used in connection with a product or service that is not affiliated with us or in any way brings us into disrepute.
You must not modify the physical or digital copies of any Content you print off or download in any way, and you must not use any illustrations, photographs, video or audio, or any graphics separately from any accompanying text.
Any opinions, advice, statements, services, offers, or other information or content expressed or made available by any other users are those of the respective authors or distributors and not of us.
Permission is granted to temporarily download one copy of the materials (photo or video) on Loud’s website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license, you may not:
- -modify or copy the materials;
- -use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- -attempt to decompile or reverse engineer any software contained on Loud’s website;
- -remove any copyright or other proprietary notations from the materials; or
- -transfer the materials to another person or “mirror” the materials on any other server.
Links to Other Websites
Our Service may contain links to third-party websites or services that are not owned or controlled by Circle tools INC.
Loud has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services. You further acknowledge and agree that Loud shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or services.
We only provide links to external websites as a convenience, and the inclusion of such a link to external websites do not imply our endorsement of those websites. You acknowledge and agree that when you access other websites on the Internet, you do so at your own risk.
We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
As a condition of your access to and use of the Service, you agree to indemnify us and our successors and assigns for all damages, costs, expenses and other liabilities, including but not limited to legal fees and expenses, relating to any claim arising out of or related to your access to and use of the Service or your breach of these Terms and any applicable law or the rights of another person or party.
This indemnification section survives the expiration of your registration and applies to claims arising both before and after the registration ends.
Limitation of Liability
You agree that we shall not be liable for any damages suffered as a result of using the Service, copying, distributing, or downloading Content from the Service.
In no event shall we be liable for any indirect, punitive, special, incidental or consequential damage (including loss of business, revenue, profits, use, privacy, data, goodwill or other economic advantage) however it arises, whether for breach of contract or in tort, even if it has been previously advised of the possibility of such damage.
You have sole responsibility for adequate security protection and backup of data and/or equipment used in connection with your usage of the Service and will not make a claim against for lost data, re-run time, inaccurate instruction, work delays or lost profits resulting from the use of the Service. You must not assign or otherwise dispose of your account to any other person.
Without limiting the foregoing, in no event will our aggregate liability to you exceed, in total, the amounts paid by you to us.
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Loud its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components, or d) the results of using the Service will meet your requirements.
This disclaimer of liability applies to any damages or injury caused by 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 or, alteration of or use of record in connection with the use or operation of the Service, whether for breach of contract, tortuous behaviour, negligence or any other cause of action.
We make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the content contained on the Service for any purpose. Any reliance you place on such information is therefore strictly at your own risk. We disclaim any express or implied warranty representation or guarantee as to the effectiveness or profitability of the Service or that the operation of our Service will be uninterrupted or error-free. We are not liable for the consequences of any interruptions or error in the Service.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
By choosing to provide feedback and/ or suggestions regarding challenges with or proposed enhancements or improvements to the Service (“Feedback”), then you hereby grant Loud an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to use this Feedback in any manner and for any purpose, including to improve the Service and create other products and services.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect.
It is your sole responsibility to periodically check these Terms for any changes. If you do not agree with any of the changes to these Terms, it is your sole responsibility to stop using the Service. Your continued use of the Service will be deemed as your acceptance thereof.
If you have any questions about these Terms or wish to report anything suspicious, please contact us at email@example.com
Last updated on 8th March 2019.