This agreement was written in English (US). To the extent any translated version of this agreement conflicts with the English version, the English version controls.
These Terms of Service "Terms," derives from this Statement, the Terms of Sale and the Community Guidelines hereby incorporated herein by reference. These Terms apply when you interact digitally with the internet site, Loontime.com “Service” or “Site” operated by Onest International Corporation dba Loontime “Loontime”. Loontime is located at 106 Alabama Street, San Gabriel, CA 91775, United States.
If you do not agree with any of these Terms, please do not use our Site. By using this Site you will be deemed to have irrevocably agreed to these Terms. Some areas of this Site may be subject to additional terms and conditions, which you should read carefully before making any use of those areas. Such additional terms will not change or replace these Terms regarding use of this Site, unless otherwise expressly stated.
Although we may attempt to notify you when major changes are made to these Terms, you should periodically review the most up-to-date version. Loontime may, in its sole discretion, modify or revise these Terms and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in these Terms shall be deemed to confer any third-party rights or benefits.
When using Loontime, you will be subject to any additional posted guidelines or rules. All such guidelines are hereby incorporated by reference into these Terms.
Loontime uses the information that you provide or that we collect from you: to operate, maintain, enhance and provide all of the features and services found on the Loontime site. We will use your email address, without further consent, for administrative communications such as notifying you of major Loontime Service updates, for customer service purposes or to contact you regarding any content that you have posted to or downloaded from Loontime.
Loontime may periodically send promotional materials or notifications to you. If you want to stop receiving promotional materials, please notify us at firstname.lastname@example.org.
Loontime will not share your personal identifiable information with other persons for marketing uses without your prior express consent. However, any personally identifiable information that you voluntarily choose to display becomes publicly available and may be collected and used by others without restriction.
Loontime may disclose personal user information in the following limited circumstances: if required to do so by law or in the good-faith belief that such action is necessary to comply with state and federal laws or respond to a court order.
Loontime also reserves the right to disclose user information that we believe, in good faith, is appropriate or necessary to take precautions against liability; protect Loontime from fraudulent, abusive, or unlawful uses; to investigate and defend ourselves against third-party claims or allegations; to assist government enforcement agencies; to protect the security or integrity Loontime; or to protect the rights, property, or personal safety of Loontime, our Users, or others.
You own all of the content and information you post on Loontime, and you can control how it is shared.
For content that is covered by intellectual property rights, like photos, videos and live shows (IP content), you specifically give us the following permission: You grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post or air in connection with Loontime. Loontime reserves the right to record and use any live shows for promotional purposes.
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 Loontime 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.
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 Loontime 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 Loontime Community Guidelines.
Loontime does not endorse any Content submitted to the Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and Loontime expressly disclaims any and all liability in connection with Content. Loontime does not permit copyright infringing activities and infringement of intellectual property rights on the Service, and Loontime will remove all Content if properly notified that such Content infringes on another's intellectual property rights. Loontime reserves the right to remove Content without prior notice.
We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act.
In order to keep Loontime safe, you agree to not misuse our services and to abide by the following:
You will not post unauthorized commercial communications (such as spam) on Loontime.
You will not collect users' content or information, or otherwise access Loontime, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission. You will not upload viruses or other malicious code.
You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on Loontime.
You will not solicit login information or access an account belonging to someone else.
You will not bully, intimidate, or harass any user.
You will not post content that: is hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence. You will not use Loontime to do anything unlawful, misleading, malicious or discriminatory.
In connection with your use of the services, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications.
Some of our services are available on mobile devices. Do not use such services in a way that distracts you and prevents you from obeying traffic or safety laws.
Here are some commitments you make to us relating to registering and maintaining the security of your account:
In order to access some features of the Service, you will have to create a Loontime Account. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Loontime immediately of any breach of security or unauthorized use of your account.
Although Loontime will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Loontime or others due to such unauthorized use.
You will not provide any false personal information on Loontime, or create an account for anyone other than yourself without permission.
If we disable your account, you will not create another one without our permission.
You will not use Loontime if you are under 18.
You will not use Loontime if you are a convicted sex offender.
You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.
You will not transfer your account to anyone without first getting our written permission.
You will not post content or take any action on Loontime that infringes or violates someone else's rights or otherwise violates the law.
We can remove any content on Loontime if we believe that it violates this Statement or our policies.
You will not post anyone's (including your own) identification documents or sensitive financial information on Loontime.
We currently provide our mobile services for free, but please be aware that your carrier's normal rates and fees, such as text messaging and data charges, will still apply.
If you make a payment use Loontime Credits, you agree to our Terms of Sale.
Loontime will terminate a user's access to the Service if, under appropriate circumstances, the user is determined to be a repeat infringer.
Loontime 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. Loontime may at any time, without prior notice and in its sole discretion, remove such Content and/or terminate a user's account for submitting such material in violation of these Terms of Service.
If you are a copyright owner and believe that any content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Loontime with the following information in writing:
Identification of the copyrighted work claimed to have been infringed;
Contact information of the copyright holder;
A statement that you have a good faith belief that use of the material is unauthorized;
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
We are constantly changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop a Service altogether.
You can stop using our Services at any time, although we'll be sorry to see you go. Loontime may also stop providing Services to you, or add or create new limits to our Services at any time.
We believe that you own your data and preserving your access to such data is important. If we discontinue a Service, where reasonably possible, we will give you reasonable advance notice and a chance to get information out of that Service.
We provide our Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we don't promise about our Services.
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER LOONTIME DOES NOT MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. FOR EXAMPLE, WE DON'T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTIONS OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES “AS IS”. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.
WHEN PERMITTED BY LAW, LOONTIME, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF LOONTIME, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES, IF APPLICABLE.
IN ALL CASES, LOONTIME, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Loontime, 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.
You affirm that you are over 18 years of age 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.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Loontime without restriction.
If any provision of these Terms is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
YOU AND LOONTIME AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE LOONTIME PLATFORM MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
This contract is governed by and construed in accordance with the laws of the California. Any action to enforce this contract must be adjudicated exclusively under the laws of Los Angeles, California.
In the event a dispute arises, the parties agree to seek resolution exclusively through mediation, or if that shall fail, through binding arbitration as follows: 1) Either party may invoke alternative dispute resolution by giving written notice via regular mail or electronic mail as specified in the notice subsection of this agreement. 2) The notice should include a brief description of the disagreement. 3) The parties or their representatives will first meet promptly in an effort to resolve the dispute amicably. 4) Work on the Project shall cease during the pendency of mediation or arbitration.
Upon request of either party to this agreement, all unresolved disputes (not limited to breach of contract action) relating to this agreement and not barred by the applicable limitations period shall be submitted for mediation and/or binding arbitration, in accordance with the Commercial Arbitration and Mediation Rules of the American Arbitration Association (AAA) then in effect, and neither party shall have the right to bring suit in Court. The parties shall review the qualifications of several mediators and arbitrators with proven experience resolving commercial matters via alternative dispute resolution methods. The parties agree to cooperate in agreeing upon a date, time and location for the hearing. The hearing will take place in Los Angeles County, CA. As an alternative, the parties may agree to use the Los Angeles Better Business Bureau system for alternative dispute resolution for a faster, cheaper remedy. In any case, the AAA Rules for Commercial shall apply. Either party may specifically enforce 1) a decision rendered under this agreement to arbitrate or 2) any valid agreement to arbitrate with additional persons, under applicable arbitration laws. The award shall be final and binding, and any court with jurisdiction over the decision may enter a judgment upon the arbitrator's decision.