Terms of service
OVERVIEW
From 15 May, 2024, at 12:00 p.m., until 12 June, 2024, at 12:00 p.m., and subsequently as announced on the official page, Loop Fans, under the company registered under the laws of Melbourne, Australia, with ABN 23651629506, Loop Blockchain, (referred to as the "Company"), will be hosting a music award contest (referred to as the "Contest") on the web application www.awards.loop.fans/ (referred to as the "Platform"). During this period, eligible music producers (referred to as "Artists") can submit their music compositions, consisting of melody and lyrics (each, a "Song"), for consideration. The judging process will involve public voting by Platform Users. Any content, including songs, videos, and photos, located on the Platform, either collectively or separately, is referred to as "Content". This contest is based on skill, and participation is free of charge via the web application "Loop Fans"
1. ACCEPTANCE OF TERMS
Please carefully review these Terms and Conditions (referred to as T&C/Terms of Use). If you do not agree with any of the provisions outlined in these documents, refrain from using any features of the Platform. By accessing the Platform, registering an account, or viewing, accessing, streaming, or uploading any information or Content to the Platform, you confirm that you have read and comprehended these Terms and Conditions and agree to abide by them. Additionally, you confirm that you are either 16 years of age or older, or of the legal age of majority in your jurisdiction. If you do not agree to these Terms and Conditions, please refrain from using the Platform.
2. WHO MAY PARTICIPATE
The Contest welcomes Artists and Users from all countries worldwide who are 16 years of age or older, or of the applicable age of majority in their jurisdiction that allows participation in a contest and the use of such a Platform. A minor Artist may participate in the Contest only with written parental consent. If an Artist submits a song with multiple co-writers, all co-writers must consent to participation in the Contest.
The Contest sponsors, along with their parent companies, affiliates, subsidiaries, licensees, successors and assigns, officers, directors, contractors, partners, shareholders, representatives, members, agents, employees, and advertising and promotion agencies, web developers, and marketing agents (collectively referred to as the "Released Parties"), are not eligible to participate in the Contest. The Platform reserves the right to request proof of eligibility from Artists. The Contest is subject to all applicable country, state, federal, provincial, territorial, and local laws.
3. HOW TO PARTICIPATE
Any Platform User can create a profile and submit a song using their personal Platform Account, thereby obtaining the status of an Artist or Creator.
To upload songs, Artists must register and create an account (referred to as Profile). To submit a song online, visit the Website www.awards.loop.fans, sign in to your Platform, complete the online registration form, and upload your song following the provided instructions.
Artists may upload any number of songs, but only one song can be submitted (referred to as Entry/Submission) for the Contest.
Artists are encouraged to upload promotional photographs accessible to the media for potential use in media publications.
Songs must be in .mp3 format and not exceed 25 Mb in file size. Incomplete entries, including those that fail to meet the requirements outlined in these Terms and Conditions, may be disqualified at the Platform's discretion.
By submitting an Entry, the Artist hereby grants the Platform a gratis/royalty-free, irrevocable, perpetual, worldwide, non-exclusive license to use and display the Submission on the Website. This includes providing radio stations, telecommunications, and other customary terrestrial and online audio, wireless, and/or audio-visual media transmission entities with the right to broadcast and otherwise use the Submission in accordance with these Terms and Conditions, solely for promotional and marketing purposes of the Platform and such entities. This license does not require further notice to or approval from the Artist or any third party, unless otherwise specified by the Platform.
The Platform is not liable for any unauthorized third-party use of Submissions. Additionally, the Platform does not guarantee the posting of any Submission. Artists maintain ownership rights over their Submissions, and the Platform is not considered the owner of such Submissions under these Terms and Conditions.
To clarify, the Platform will solely use Submissions for promotional, marketing, advertising, and/or educational purposes, and not for any commercial endeavors. Any commercial use of Submissions will necessitate a separate agreement between the Artist and the Platform, along with the written consent of the Artist.
The Song and Entry must be the original creation of the Artist and must not violate any copyrights, trademarks, rights of privacy, publicity, or other intellectual property rights of any individual or entity. Before submitting, the Artist must obtain all necessary releases and consents from co-writers and other involved parties to authorize the use of the Song/Entry by the Platform as outlined in these Terms and Conditions. The Platform reserves the right to request evidence of these permissions at any time and may disqualify any Submission that does not meet these criteria.
The Artist/User is limited to creating a maximum of three (3) Artist/User Platform Accounts per electronic device. This restriction applies to voting processes in any Contest, meaning that the Artist/User cannot participate in voting with more than three (3) accounts from a single device/gadget/IP address. If the User/Artist accesses multiple accounts (more than three) from a single device/gadget, the Company reserves the right to disregard such votes for the Contest or to block the associated accounts.
4. SONG GUIDELINES
Songs must adhere to the following content guidelines:
Content must not endorse any activities that could be perceived as unsafe or dangerous.
Content must not contain obscene or offensive material, or promote hate or hate groups.
Content should demonstrate artistic and musical performance value.
Content must not infringe upon the intellectual property rights or other rights of third parties, including copyrights, trademarks, or rights of privacy.
Content must not include copyrighted or trademarked materials owned by others, such as recordings or samples from other artists' works.
Content should convey messages consistent with positive goodwill and association with Loop Fans and its users.
Content must comply with all applicable laws and regulations.
Songs cannot be cover versions or samples of other artists' works; they must be original.
Content must not contain defamatory or disparaging material.
Content must not directly or indirectly promote commercial products or endorse third-party commercial products.
Any content deemed obscene, indecent, or offensive will be removed from the platform.
The Platform reserves the right to assess the appropriateness of content and remove any content deemed excessive or unnecessary without the Artist's/Songwriter's consent.
5. CONSENT TO USE IMAGE(S) OF THE USERS
In the event that photographs, illustrations, videos, or other objects contain images of the Artist or other User-created (transferred to the Company by the Artist/User) content within the scope of their collaboration with the Loop Platform (the "Images"), non-exclusive rights to the Images are hereby licensed to the Company for its use in accordance with the Terms and Conditions associated with the Platform.
The Company is granted an irrevocable worldwide, perpetual right (which may be sublicensed, transferred, and utilized as deemed necessary by the Company) to use, publish, reproduce, digitally display, or display in any other form, known now or developed in the future, the Images without limitation. This includes using, in whole or in part, in original or modified form, associated text or visual representations with the name of the Artist/User, or any other pseudonymous name, for purposes including but not limited to illustration, advertising, public display in the realms of art, marketing, publication, or any other commercial use. The Artist/User also agrees that any text, audio, sound, action, video, program, effect, etc., associated with their Image may be utilized. The Company guarantees, based on the Artist/User’s consent, that the Images will not be used for pornographic, obscene, discrediting, or defamatory purposes and will undertake to monitor and control this using all available commercial and non-commercial means.
The Artist/User waives the right to amend the Images or interfere with the Company's right to use the Images as permitted herein. The Artist/User agrees to allow for retouching, alteration, distortion, and the use of optical illusions at the Company’s discretion during the process of preparing the final version of the Images for publication.
By signing this Terms of Use, the individual agrees to enter into an agreement with the Company and guarantees that (i) if the Artist/User signs the Terms of Use, they have reached the age of majority and have the legal capacity to sign the Terms of Use in accordance with the laws of their jurisdiction, (ii) they have carefully read the Terms of Use, and (iii) the Artist/User confirms that they will not contest the copyright, trademark, and property rights to the Images owned by the Company.
6. CONTENT
All audio, text, photos, pictures, and other content that you upload, store, transmit, submit, exchange, or make available to or via the Platform (referred to as "Content") are subject to the rules and regulations of the Platform and are generated, owned, licensed, and/or controlled accordingly.
All content on the Platform, including Songs uploaded/downloaded directly by Artists, is protected by copyright laws, trademarks, patents, trade secrets, and contracts related to intellectual property. Unauthorized use of Content constitutes a violation of applicable laws and these Terms of Use.
The content, trademarks, product names, company names, and/or logos on the Platform belong to their respective owners. You are not granted any express or implied permission to use Content that does not belong to you.
You must not upload, store, distribute, send, transmit, display, perform, make available, or communicate to the public any Content for which you do not hold the necessary rights, or release, broadcast, or "leak" Content prematurely or contrary to Platform rules and guidelines. Unauthorized use of copyright-protected material within Your Content is strictly prohibited and may result in termination of access to the Platform, civil litigation, or criminal prosecution.
You are solely responsible for all direct and indirect damages suffered by rightsholders due to any violation of intellectual property rights, as per applicable law.
7. SELECTION OF ENTRY, RANKING, AND JUDGING PHASE
Upon registering, Users will be presented with a list of Entries submitted by the Artists for the Web 3 Music Awards. While browsing the Entries, Users will not be able to see the numbers of votes for each entry. This information will be seen on the Artist’s Profile screen.
However, the Entries can be filtered by genre or by division. Users may now start minting the NFT which represents one vote.
In order to cast their vote, users are required to mint an NFT from the artist they wish to vote for. To mint an NFT, users must visit the profile of their selected artist, navigate to the Voting NFT collection, and claim the NFT. Each claimed NFT will be considered as one (1) vote and will be visible in the user's wallet on the platform.
8. WEB3 MUSIC AWARDS COMPETITION
Artists can now compete to win prizes based on the number of NFTs they mint. The competition runs from 00:00:00 GMT on Wednesday, May 15th to 23:59:59 GMT on Wednesday, June 12th (referred to as the "Competition"). The top five Artists with the most votes at the end of this period will receive sponsor prizes in cash or products (referred to as "the Prize"). Any fraudulent voting will be detected by Loop's algorithms, resulting in disqualification of the involved Artists.
Prize payments for competition winners are subject to strict rules:
Artists are responsible for providing accurate bank details, country, genre, and any other relevant information related to their Song.
If an Artist provides incorrect bank details and the Prize has already been sent by the Company, the Company is not obligated to resend the Prize.
The Company reserves the right, but not the obligation, to resend the Prize to the Artist after deducting all applicable payments and bank charges incurred by the Company due to incorrect bank details provided by the Artist.
Bank/payment system details provided by Artists for receiving the Prize cannot be reused by other Artists. Each Artist must have unique bank details. If multiple Artists provide the same bank details, the Company may withhold Prize payments until the situation is clarified.
Artists must provide a personal or business bank account for receiving the Prize. This account cannot belong to any third party, including relatives.
After the voting period ends, the Web3 Music Awards Winners will be announced.
The Contest Winner will be notified via email and must complete an Affidavit of Eligibility, Liability, and Publicity Release (unless prohibited by law) and any other required documents within fourteen (14) business days of the date on the Winner notification.
Failure to return requested documentation within the specified time period, inability to contact the Contest Winner within a reasonable time, or noncompliance with these Terms and Conditions will result in disqualification.
9.LICENSE/USE OF SONGS
By uploading Songs, Artists (including all band or group members, if applicable) grant the Platform, its designees, assignees, and licensees a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable, transferable right to utilize the copyright in the recordings and underlying compositions solely for non-commercial purposes such as advertising, publicity, and promotion of the Artist's Songs, as well as promotion of the Company, Platform, and Contest across any media now known or developed in the future. This includes the right to edit, publish, adapt, exploit, perform, modify, copy, disseminate, or dispose of the Songs or compositions embodied therein online, in print, film, television, or any other media worldwide, without requiring permission or notification to the Artist or any third party, unless otherwise specified by the Platform or prohibited by law. However, if the Company intends to use the Song for commercial purposes, a separate license agreement may be sent to the Artist with specific conditions, and failure to respond within seven days will be considered as consent to such usage.
The Platform is not liable for any unauthorized third-party use of Songs, and does not guarantee that all Songs will be posted. Artists retain ownership rights to their Songs.
Without limiting the scope of the preceding statements and to clarify, these Terms and Conditions do not entail any transfer of ownership of the Submissions to the Platform.
10.NATURE OF RELATIONSHIP
Nothing contained in these Terms and Conditions or any other agreement with Artists shall be construed as establishing an employment or agency relationship between any of the Released Parties or the Platform and Artists. Artists acknowledge that they shall not seek compensation, employment, or other benefits from the Released Parties or the Platform. Artists further acknowledge that the relationship between them and the Platform or any of its representatives is not confidential, fiduciary, or otherwise special, and that their decision to submit a Submission does not create any different position for the Platform or any of the Released Parties compared to that of the general public.
11.PUBLICITY RELEASE
By participating in this Contest, Artists grant permission (except where prohibited by law) for the use of their names, likenesses, voices, performances, awards received, photographs, statements, and biographical information (all at the discretion of the Platform) for future advertising, publicity, and other Contest-related purposes in any and all media now known or hereafter developed worldwide, without further compensation, notification, or permission.
12.REPRESENTATIONS AND WARRANTIES
You affirm and assure the Company of the following:
Your Content, in its entirety, is an original creation by you, or you have acquired all necessary rights, licenses, consents, and permissions (including from any collaborators) to use and authorize Loop Fans to use Your Content as outlined in these Terms of Use. This includes the right to upload, reproduce, store, transmit, distribute, publicly display, publicly perform, make available, and communicate Your Content to the public through the Platform, Services, Linked Services, and other media platforms and services.
Your Content, and its availability on the Platform, does not and will not infringe upon or violate the rights of any third party, including but not limited to intellectual property rights, performers' rights, rights of privacy or publicity, or rights in confidential information.
You have obtained all necessary consents, permissions, and releases from individuals featured in or contributing to Your Content to include their name, voice, performance, or likeness, and to publish and allow Company to use Your Content on the Platform, Linked Services, and other channels.
Your Content will not contain unlawful, abusive, libelous, defamatory, pornographic, or obscene material, nor will it promote violence, terrorism, illegal acts, or hatred based on race, ethnicity, cultural identity, religious belief, disability, gender, identity, or sexual orientation. Inappropriate language is prohibited
Your Content will not hold Company, its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers, or shareholders liable. Company reserves the right to remove Your Content, suspend or terminate your access to the Platform, and pursue legal action if it breaches these representations or warranties, or infringes another person's rights, or violates any law, rule, or regulation.
Your Content does not contain any unauthorized "samples" of third-party music, lyrics, sounds, beats, images, or art materials. This includes but is not limited to mixtapes and DJ tracks.
While Artists have freedom of speech and expression, language should be respectful to Loop's users and the community. Phrases and slang related to race, gender, and sexual identity should be used with consideration and context. Deliberately demeaning language towards any protected group is unacceptable.
13.RELEASE OF TECHNICAL LIABILITY
The Platform is not liable for any lost, delayed, or incomplete Submissions, or for any technical issues related to uploading or downloading Contest materials from the Website. This includes problems with electronic equipment, computer systems, servers, or providers, as well as internet congestion or communication failures that may affect participation. The Platform and Released Parties are not responsible for any errors or malfunctions, including those related to Contest administration, Submission processing, judging, voting, or tabulation. The Platform may, at its discretion, extend Submission deadlines in cases of technical issues.
14.RIGHT TO TERMINATE & MODIFY
The Platform reserves the right to alter, suspend, or end the Contest if it is affected by a computer virus or other technical issues, or if there is tampering, fraud, or unauthorized intervention. The Platform also has the right to disqualify individuals found tampering with the process or violating the Terms and Conditions. Changes to the Contest Terms and Conditions may occur at any time, and it is your responsibility to stay updated by checking this page periodically. By continuing to use the Platform, you agree to any modifications or revisions. The Company may provide notice of material changes, but your use of the Platform after such notice constitutes acceptance of the updated Terms and Conditions.
15.BLOCKING AND REMOVAL OF CONTENT
While Loop Fans is not obligated to monitor Platform content, it reserves the right to remove, modify, or restrict access to any content without liability, if there is suspicion of infringement, violation of these Terms of Use, or if the content is deemed unacceptable. Users also have control over the audio content stored in their accounts and may remove it without notice. Loop Fans is not liable if you lose access to content that has been removed from the Platform by Loop Fans or other users.
16.MISCELLANEOUS
The authorized subscriber is the individual assigned the email address by the Internet Service Provider (ISP) or other responsible organization. In case of multiple users sharing the same email account, the authorized subscriber at the time of Submission will be considered the Artist and must adhere to these Terms and Conditions. Deliberate attempts by an Artist to disrupt websites or undermine Contest operations violate both criminal and civil laws. In such instances, the Platform reserves the right to pursue legal action, seek damages, and disqualify the Artist from the Contest.
17.SIMILAR ENTRIES
By submitting their entry, the Artist acknowledges and accepts that the Platform may receive numerous submissions in this Contest, some of which may bear similarities in theme, idea, or format to others submitted, developed independently by the Platform, or created by individuals acting on behalf of the Platform. The Artist waives any claims, past, present, or future, regarding similarities between their submission and others considered, reviewed, or utilized by the Platform. The Artist acknowledges that the Platform bears no responsibility, whether direct or indirect, for any potential infringement or protection of copyright pertaining to their submission.
18.PERSONAL DATA
Any information collected from the Contest will be used only as per the consent provided by the Artist at the time of submission, in accordance with these Terms and Conditions, the Platform’s Privacy Policy, and the Terms of Use (hereby incorporated by reference). Each Artist explicitly agrees to the use of their personal information for such purposes. By participating in the Contest, Artists (i) agree to abide by these Terms and Conditions, including all eligibility criteria, the Privacy Policy, and the Terms of Use, and (ii) agree to abide by the decisions of the Platform, which are final and binding in all matters relating to this Contest.
Failure to adhere to these Terms and Conditions may lead to disqualification from the Contest. The Platform reserves the right to permanently disqualify any Artist or any other individual believed to have intentionally violated these Terms and Conditions and to nullify all associated submissions. The following information will be collected from each Artist for administering the Contest and may also be used by Released Parties and their affiliates to contact the Contest Winner: Artist name, date of birth, mailing address, and email address. The Released Parties will not sell, share, or otherwise disclose collected information with third parties, except those necessary to fulfill the above purposes, unless the entrant has given prior express consent to receive additional information from the Released Parties or a third party. If an Artist fails to provide mandatory data required during entry registration, the Platform reserves the right to disqualify the submission. Artists have the right to access, modify, and withdraw their personal data, as well as the right to oppose data collection under certain circumstances, in accordance with applicable law. To exercise such rights, an entrant may write to: the Platform, awards@loop.fans ("Data Controller" and "Data Recipient"). The Released Parties will take all reasonable steps to ensure that Artists' personal information is handled securely and in accordance with the Platform's Privacy Policy and these Terms and Conditions.
19.SEVERABILITY
If any provision or provisions of these Terms of Use are found to be unlawful, void, or unenforceable, such provision or provisions shall be considered separable, and the validity and enforceability of the remaining provisions shall not be affected. The unaffected provisions shall remain in full force and effect.
20.RELEASE OF LIABILITY
By participating in the Contest, the Artist agrees to indemnify and hold harmless the Platform and Released Parties from any claims, liabilities, or damages, whether directly or indirectly, in whole or in part, arising from or related to their participation in the Contest, acceptance or use of any prize, the administration of the Contest, the operation of any website (including the Website), or the Platform’s and Released Parties' utilization of any rights granted herein. This includes, but is not limited to, any claims arising from the use of third-party content and any allegations of copyright infringement. The Platform and Released Parties disclaim any responsibility for the behavior of any Artist or the reactions of anyone featured in any Submission/Entry.
21.DISCLAIMER
The Platform, including the Website, the Apps, and all content and services accessed through or via the Website, the Apps, the Services, or otherwise, are provided on an "as is," "as available," and "with all faults" basis.
While Loop Fans endeavors to rectify any errors or omissions in the Platform as soon as feasible once brought to Loop Fans' attention, Loop Fans makes no express or implied promises, guarantees, representations, or warranties regarding the Website, the Apps, the Services, or any part thereof, any content, or any linked services or other external services. Loop Fans does not warrant that:
Your use of the Platform will be uninterrupted, timely, secure, or error-free, that defects will be corrected, or that the Platform or any part thereof, the content, or the servers on which the Platform operates are or will be free of viruses or other harmful components.
Any transmission of content uploaded to the Platform will be secure or that any elements of the Platform designed to prevent unauthorized access, sharing, or downloading of content will be effective in all cases.
Your use of the Platform is lawful in any particular jurisdiction.
The quality of the Platform and results of your interaction with the Platform will fully meet your expectations and needs.
Loop Fans will continue to support any particular aspect of the Platform.
Loop Fans and its subsidiaries, affiliates, successors, and assigns, and their respective employees, agents, directors, officers, and shareholders, specifically disclaim all of the foregoing warranties and any other warranties not expressly set out herein to the fullest extent permitted by law, including without limitation any express or implied warranties regarding non-infringement, merchantability, and fitness for a particular purpose.
Where the law of any jurisdiction limits or prohibits the disclaimer of implied or other warranties as set out above, the above disclaimers may not apply to the extent that the law of such jurisdiction applies to this agreement.
Loop Fans and its subsidiaries, affiliates, successors, and assigns, and their respective employees, agents, directors, officers, and shareholders shall have no liability for any loss or damage arising from:
Your inability to access or use the Platform or any part thereof, or to access any content or any external services via the Platform.
Any changes that Loop Fans may make to the Platform or any part thereof, or any temporary or permanent suspension or cessation of access to the Platform or any content in or from any or all territories.
Any action taken against you by third party rights holders with respect to any alleged infringement of such third party’s rights relating to your content or your use of the Platform, or any action taken as part of an investigation by Loop Fans or any relevant law enforcement authority regarding your use of the Platform.
Any errors or omissions in the Platform’s technical operation, or from any inaccuracy or defect in any content or any information relating to content, any act of God/force majeure situation, or laws affecting cryptocurrencies.
Your failure to provide Loop Fans with accurate or complete information, or your failure to keep your username or password suitably confidential.
Any misconduct by other users or third parties using the Platform, especially in breach of the agreement.
Any loss or damage to any computer hardware or software, any loss of data (including your content), or any loss or damage from any security breach.
Any loss of profits, or any loss you suffer which is not a foreseeable consequence of Loop Fans breaching these Terms of Use. Losses are foreseeable where they could be reasonably contemplated by you and Loop Fans at the time you agree to these Terms of Use, and therefore do not include any indirect losses, such as loss of opportunity.
Any claim or cause of action arising out of or related to your use of the Platform must be notified in writing to Loop Fans as soon as possible.
Applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. In such cases, you acknowledge and agree that such limitations and exclusions reflect a reasonable and fair allocation of risk between you and Loop Fans and are fundamental elements of the bargain between you and Loop Fans, and that Loop Fans’ liability will be limited to the maximum extent permitted by law.
Nothing in these Terms of Use limits or excludes the liability of Loop Fans its subsidiaries, successors, assigns, or their respective employees, agents, directors, officers, and/or shareholders for any form of liability which cannot be limited or excluded by law, if adjudicated by a court of law.
22.DISPUTES
Unless prohibited by law, Artists agree that any disputes, claims, or causes of action arising from or related to the Contest or any awarded prizes shall be resolved individually, without resorting to any form of class action, and exclusively by the appropriate court located in Melbourne, Australia.
All matters regarding the interpretation, validity, construction, and enforceability of these Terms and Conditions, as well as your rights and obligations, or the rights and obligations of the Platform concerning the Contest, shall be governed by and construed in accordance with the laws of Australia, without giving effect to any choice of law or conflict of law principles that would result in the application of the laws of any jurisdiction other than Australia.
Artist hereby waives all rights to claim punitive, incidental, or consequential damages, or any other damages, including attorneys' fees, except for the actual out-of-pocket expenses incurred by Artist (i.e., costs associated with participating in the Contest). Artist also waives all rights to have damages multiplied or increased.
