Welcome to Loonaq™MusicXChange, a service provided by Loonaq Records (a company registered in Malaysia with business registration number 002074804 002074804 D), henceforth referred to as (“Loonaq™”, “we” “our” or “us”).
These TOS are divided into the following sections:
3. Description of the Platform - This provides a general description of the Platform, its features and functionality.
4. Your Loonaq™ Account - This section explains your responsibilities should you choose to register for a Loonaq™ account.
5. Your Use of the Platform - This section sets out your right to use the Platform, and the conditions that applies to your use of the Platform.
6. Your Content - This section deals with ownership of your content and includes your agreement not to upload anything that infringes on anyone else’s rights.
7. Grant of License - This section explains how your content will be used on Loonaq™ and the permissions that you grant by uploading your content - for example, the right for other users to listen to your sounds.
8. Representations and Warranties - This section includes important promises and guarantees that you give when uploading content to Loonaq™- in particular, your promise that everything you upload and share is owned by you and won’t infringe anyone else’s rights.
9. Liability for Content - This section explains that Loonaq™ is a content’s sharing platform and that its users are solely liable for material that they upload to Loonaq™.
11. Third Party Websites and Services - Through Loonaq™ you may have access to other websites and services. This section explains that these are separate third-party services that are not under the control of Loonaq™;
12. Blocking and Removal of Content - This section makes it clear that Loonaq™ may block or remove content from the Platform.
14. Disclaimer - This section explains that Loonaq™ cannot give any guarantees that the Platform will always be available – sometimes even a platform as awesome as ours will have a few problems.
15. Limitation of Liability - This section explains some of those things that Loonaq™ will not be liable for. Please make sure you read and understand this section.
16. Indemnification - If you use the Platform in a way that results in damage to us, you will need to take responsibility for that.
18. Loonaq™ Meetups - This section deals with Loonaq™ meetups and explains that these are not “official’ Loonaq™ events, so we cannot be responsible for anything that happens at meetups.
19. Competitions and Other Promotions - This section deals with competitions, contests and sweepstakes on Loonaq™. Loonaq™ does not run these, and therefore we cannot be responsible for them. If you want to run your own competition on Loonaq™ make sure you read and understand our Competition Terms.
20. Use of Loonaq™ Players and Widget - This section includes a few restrictions on how you can use our players and widgets – basically, don’t try to use our players to create a new music or audio streaming service.
21. ProLabel Users Account - This section links you to information explaining how to register for free and/or want to upgrade by purchasing “ProLabel Premium” accounts and how you can cancel your purchases in certain circumstances.
22. Changes to the Platform, Accounts and Pricing - From time to time, we may need to make some changes to Loonaq™. This section explains your rights in this situation.
23. Termination - This section explains how you can terminate your Loonaq™ account, and the grounds on which we can terminate your use of Loonaq™.
24. Assignment to Third Parties - This section deals with Loonaq™’s right to transfer this agreement to someone else.
25. Severability - This is a standard legal provision, which says that any term that is not valid will be removed from the agreement without affecting the validity of the rest of the agreement.
28. Applicable Law and Jurisdiction - All of our documents are generally governed by Malaysian law.
29. Disclosures - This section provides information about Loonaq™, including how to contact us.
We reserve the right to change, alter, replace or otherwise modify these TOS any time. The date of last modification is stated at the end of these TOS. It is your responsibility to check this page from time to time for updates.
When we make any updates to these TOS, we will highlight this fact on the Website. In addition, if you register an account and these TOS are subsequently changed in any material respect (for example, for security, legal, or regulatory reasons), we will notify you in advance by sending a message to your Loonaq™ account and/or an email to the email address that you have provided to us, and the revised TOS will become effective six (6) weeks after such notification. You will have no obligation to continue using the Platform following any such notification, but if you do not terminate your account as described in the Termination section below during such six (6) week period, your continued use of the Platform after the end of that six (6) week period will constitute your acceptance of the revised TOS.
The Platform is a Digital Content Sharing Service. Registered users of the Platform may listen, watch by streaming, create playlist, socialiazing within the Platform’s users by following, liking, comments, collecting data information and sending private message ”), which will be stored by Loonaq™ at the direction of such Content Partner and/or ProLabel users, and may be shared, embedded and distributed by such registered users, and other users of the Platform, using the tools and features provided as part of the Platform and accessible via the Website, Apps and elsewhere. The Platform also enables registered users to interact with one another and to contribute to discussions, and enables any user of the Website, Websites, Apps or certain Services (who may or may not be registered users of the Platform) to view, listen to and share Content uploaded and made available by registered users. Only Content Partners and ProLabels users can submit, upload and post audio, text, photos, pictures, videos, graphics, comments, and other content, data or information (“Content”).
Explain yourself or your organizations. Choose your categories or genres that suitable and fits for us to describe you. At the moment, we offer 3 categories:-
1. Registered User. Visitors are not obliged to register to use the Platform and all can join Loonaq™ for free. However, access to the Apps and certain Services is only available to registered users.
Upon registrations, you can enjoy and make use of your Profile Page by setting up, as you wish but bonded with TOS, setting up account, insert your logo, profile photo, dashboard banner image, fill in the details of you such your country, your city, telling your bio as you wish, or you can make and offer service as maybe you’re promoter for an event, put up your social media links and website or blog (in any), listen all tracks and create playlist as you wish; like, follow and private message with other users, and many more!
You maybe fans or an artist/band/talent who already signed with label, choose your best interest on which type or genres of content. You can skip this step by just to be known as Registered Users of all type of contents. If you skip this, system apps will always recommend you all type of contents or genres in your ProfilePage later stage. You can change this later on setting tab. Get your ProfilePage here.
You are solely responsible for maintaining the confidentiality and security of your username and password, and you will remain responsible for all use of your username and password, and all activity emanating from your account, whether or not such activity was authorized by you.
If your username or password is lost or stolen, or if you believe that unauthorized third parties have accessed your account, you are advised to notify Loonaq™ in writing, and should change your password at the earliest possible opportunity.
We reserve the right to disallow, cancel, remove or reassign certain usernames and permalinks in appropriate circumstances, as determined by us in our sole discretion, and may, with or without prior notice, suspend or terminate your account if activities occur on that account which, in our sole discretion, would or might constitute a violation of these TOS or an infringement or violation of the rights of any third party, or of any applicable laws or regulations.
You may terminate your account at any time as described in the Termination section below.
Subject to your strict compliance with these TOS, Loonaq™ grants you all users, a limited, personal, non-exclusive, revocable, non-assignable and non-transferable right and license to use the Platform in order to view Content uploaded and posted to the Websites to listen to audio Content streamed from the Platform, to create playlist and to share and download free (if applicable) or buy audio Content using the features of the Platform where the appropriate functionality has been enabled for Content Partner and ProLabel users who uploaded the relevant Content (the “Uploader”).
i. You must not copy, rip or capture, or attempt to copy, rip or capture, any audio Content from the Platform or any part of the Platform, other than by means of download in circumstances where the relevant Uploader has elected to permit downloads of the relevant item of Content.
iii. You must not use any Content (other than Your Content) in any way that is designed to create a separate content service or that replicates any part of the Platform offering.
iv. Must not employ scraping or similar techniques to aggregate, repurpose, republish or otherwise make use of any Content.
v. You must not employ any techniques or make use of any services, automated or otherwise, designed to misrepresent the popularity of Your Content on the Platform, or to misrepresent your activity on the Platform, including without limitation by the use of bots, botnets, scripts, apps, plugins, extensions or other automated means to register accounts, log in, add followers to your account, play Content, follow or unfollow other users, send messages, post comments, or otherwise to act on your behalf, particularly where such activity occurs in a multiple or repetitive fashion. You must not offer or promote the availability of any such techniques or services to any other users of the Platform.
vi. You must not alter or remove, attempt to alter or remove, any trademark, copyright or other proprietary or legal notices contained in, or appearing on, the Platform or any Content appearing on the Platform (other than Your Content).
vii. You must not, and must not permit any third party to, copy or adapt the object code of the Website, Websites or any of the Apps or Services, or reverse engineer, reverse assemble, decompile, modify or attempt to discover any source or object code of any part of the Platform, or circumvent or attempt to circumvent or copy any copy protection mechanism or access any rights management information pertaining to Content other than Your Content.
viii. You must not use the Platform to upload, post, store, transmit, display, copy, distribute, promote, make available or otherwise communicate to the public:
a. Any Content that is offensive, abusive, libelous, defamatory, obscene, racist, sexually explicit, ethnically or culturally offensive, indecent, that promotes violence, terrorism, or illegal acts, incites hatred on grounds of race, gender, religion or sexual orientation, or is otherwise objectionable in Loonaq’s reasonable discretion;
b. Any information, Content or other material that violates, plagiarisms, misappropriates or infringes the rights of third parties including, without limitation, copyright, trademark rights, rights of privacy or publicity, confidential information or any other right; or
c. Any Content that violates, breaches or is contrary to any law, rule, regulation, court order or is otherwise is illegal or unlawful in Loonaq’s reasonable opinion;
d. Any material of any kind that contains any virus, Trojan horse, spyware, adware, malware, bot, time bomb, worm, or other harmful or malicious component, which or might overburden, impair or disrupt the Platform or servers or networks forming part of, or connected to, the Platform, or which does or might restrict or inhibit any other user's use and enjoyment of the Platform;
e. Any unsolicited or unauthorized advertising, promotional messages, spam or any other form of solicitation.
f. You must not commit or engage in, or encourage, induce, solicit or promote, any conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law or regulation.
g. You must not rent, sell or lease access to the Platform, or any Content on the Platform, although this shall not prevent you from including links from Your Content to any legitimate online download store from where any item of Your Content may be purchased.
h. You must not deliberately impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity, for example, by registering an account in the name of another person or company or sending messages or making comments using the name of another person.
i. You must not stalk, exploit, threaten, abuse or otherwise harass another user, or any Loonaq’s employee.
j. You must not use or attempt to use another person's account, password, or other information, unless you have express permission from that other person.
k. You must not sell or transfer, or offer to sell or transfer, any Loonaqs’s account to any third party without the prior written approval of Loonaq™.
l. You must not collect or attempt to collect personal data, or any other kind of information about other users, including without limitation, through spidering or any form of scraping.
Any and all audio, video, text, photos, pictures, graphics, comments, and other content, data or information that you upload, store, transmit, submit, exchange or make available to or via the Platform (hereinafter "Your Content") is generated, owned and controlled solely by you, and not by Loonaq™.
Loonaq™ does not claim any ownership rights in Your Content, and you hereby expressly acknowledge and agree that Your Content remains your sole responsibility.
Without prejudice to the conditions set forth in Your Use of the Platform you must not upload, store, distribute, send, transmit, display, perform, make available or otherwise communicate to the public any Content to which you do not hold the necessary rights. In particular, any unauthorized use of copyright protected material within Your Content (including by way of reproduction, distribution, modification, adaptation, public display, public performance, preparation of derivative works, making available or otherwise communicating to the public via the Platform) may constitute an infringement of third party rights and is strictly prohibited. Any such infringements may result in termination of your access to the Platform as described in the Repeat Infringers section below and may also result in civil litigation or criminal prosecution by or on behalf of the relevant rights holder.
We may, from time to time, invite or provide you with means to provide feedback regarding the Platform, and in such circumstances, any feedback you provide will be deemed non-confidential and Loonaq™ shall have the right, but not the obligation, to use such feedback on an unrestricted basis.
By uploading Your Content to the Platform, you also grant a limited, worldwide, non-exclusive, royalty-free, fully paid up, license to other Registered Users of the Platform, and to operators and users of any other websites/mobile apps and/or platforms to which Your Content has been shared or embedded using the Services (“Linked Services”), to use, copy, repost, transmit or otherwise distribute, publicly display, publicly perform, adapt, prepare derivative works of, compile, make available and otherwise communicate to the public, Your Content utilizing the features of the Platform from time to time, and within the parameters set by you using the Services. You can limit and restrict the availability of certain of Your Content to other users of the Platform, and to users of Linked Services, at any time using the settings on the sound page for each sound you upload, subject to the provisions of the Disclaimer section below.
Removal of Contents from your account will automatically result in the deletion of the relevant files from Loonaq’s systems and servers. However, notwithstanding the foregoing, you hereby acknowledge and agree that once Your Content is distributed to a Linked Service, Loonaq™ is not obligated to ensure the deletion of Your Content from any servers or systems operated by the operators of any Linked Service, or to require that any user of the Platform or any Linked Service deletes any item of Your Content.
Any Content other than Your Content is the property of the relevant Uploader, and is or may be subject to copyright, trademark rights or other intellectual property or proprietary rights. Such Content may not be downloaded, reproduced, distributed, transmitted, re-uploaded, republished, displayed, sold, licensed, made available or otherwise communicated to the public or exploited for any purposes except via the features of the Platform from time to time and within the parameters set by the Uploader on the Platform or with the express written consent of the Uploader. Where you repost another user’s Content, or include another user’s Content in a set, you acquire no ownership rights whatsoever in that Content. Subject to the rights expressly granted in this section, all rights in Content are reserved to the relevant Uploader.
7.1 For Content Partner Users who license to Loonaq™ for Your Content who want to distribute and release Your Content to all 3rd. parties digital stores and streaming platforms worldwide, please go to Digital Distribution Agreement signup, select the Content Partner category and enjoy using all services provided by Loonaq™ including DDDs, RingtoneStore, a Web/Mobile Store Apps with unlimited capacities of uploads.
7.2 For ProLabel User who have their own digital aggregator and want to join in to use our DDDs service, please go to Digital Distribution Agreement signup, select the ProLabel category and enjoy using our DDDs services provided by Loonaq™; and you hereby acknowledge that you are fully agree and accept to the applicable portions of this Agreement, as well as the “Loonaq MusicXChange Addendum” located at the end of this Agreement.
You hereby represent and warrant to Loonaq™ as follows:
(i) Your Content, and each and every part thereof, is an original work by you, or you have obtained all rights, licenses, consents and permissions necessary in order to use, and (if and where relevant) to authorize Loonaq™ to use, Your Content pursuant to these TOS, including, without limitation, the right to upload, reproduce, store, transmit, distribute, share, publicly display, publicly perform, make available and otherwise communicate to the public Your Content, and each and every part thereof, on, through or via the Website, any and all Services and any Linked Services.
(ii) Your Content and the availability thereof on the Platform do not and will not infringe or violate the rights of any third party, including, without limitation, any intellectual property rights, performers’ rights, rights of privacy or publicity, or rights in confidential information.
(iii) You have obtained any and all necessary consents, permissions and/or releases from any and all persons appearing in Your Content in order to include their name, voice, performance or likeness in Your Content and to publish the same on the Platform and via any Linked Services.
(iv) Your Content, including any comments that you may post on the Website, is not and will not be unlawful, offensive, abusive, libelous, defamatory, obscene, racist, sexually explicit, ethnically or culturally offensive, indecent, will not promote violence, terrorism, or illegal acts, or incite hatred on grounds of race, gender, religion or sexual orientation.
(v) Your Content does not and will not create any liability on the part of Loonaq™, its subsidiaries, affiliates, successors, and assigns, and their respective employees, agents, directors, officers and/or shareholders. Loonaq™ reserves the right to remove Your Content, suspend or terminate your access to the Platform and/or pursue all legal remedies if we believe that any of Your Content breaches any of the foregoing representations or warranties, or otherwise infringes another person's rights or violates any law, rule or regulation.
(vi) Special for users opted in the Digital Distribution Agreement -to get your single, album, audio, video or eBook or audiobook (professionally recorded or just as demo), wallpaper, audio-video channel, blogger/vlogger, etc. to be approved by admin of Loonaq™, the important thing for you to know and understand that it should be ALWAYS your own right (if you register as individual) or beneficially owned by you or your label or company own right and you are the persons who legally represent your organization. We will act to follow all that matters as per international copyright law in Malaysia standard if any of your uploads infringed the copyright law.
You hereby acknowledge and agree that Loonaq™
(i) stores Content and other information at the direction, request and with the authorization of its users,
(ii) acts merely as a passive conduit and/or host for the uploading, storage and distribution of such Content, and
(iii) plays no active role and gives no assistance in the presentation or use of the Content. You are solely responsible for all of Your Content that you upload, post or distribute to, on or through the Platform, and to the extent permissible by law, Loonaq™ excludes all liability with respect to all Content (including Your Content) and the activities of its users with respect thereto.
Loonaq™ and its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders hereby exclude, to the fullest extent permitted by law, any and all liability which may arise from any Content uploaded to the Platform by users, including, but not limited to, any claims for infringement of intellectual property rights, rights of privacy or publicity rights, any claims relating to publication of defamatory, pornographic, obscene or offensive material, or any claims relating to the completeness, accuracy, currency or reliability of any information provided by users of the Platform. By using the Platform, you irrevocably waive the right to assert any claim with respect to any of the foregoing against Loonaq™ or any of its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders.
If you discover any Content on the Platform that you believe infringes your copyright, please report this to us using any of the methods outlined on our Copyright Information pages. If you would prefer to send us your own written notification, please make sure that you include the following information:
• a statement that you have identified Content on Loonaq™ that infringes your copyright or the copyright of a third party on whose behalf you are entitled to act;
• a description of the copyright work(s) that you claim have been infringed;
• a description of the Content that you claim is infringing and the Loonaq™ URL(s) where such Content can be located;
• your full name, address and telephone number, a valid email address on which you can be contacted, and your Loonaq™ username if you have one;
• a statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright owner, its agent, or the law; and
• a statement by you that the information in your notice is accurate and that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
In addition, if you wish for your notice to be considered as a notice pursuant to the Malaysian Copyright Act, please also include the following;
(i) with respect to your statement that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed, confirmation that such statement is made under penalty of perjury; and
(ii) your electronic or physical signature (which may be a scanned copy).
Your notice should be sent to us by email to firstname.lastname@example.org and/or by mail to the following address:
No. 1B-2, Jalan BRP 1/4,
Bukit Rahman Putra,
47000 Sg. Buloh,
+60 10-766 7754 (Malaysia)
+60 3 6143 3030
The Platform may provide you with access to third party websites, databases, networks, servers, information, software, programs, systems, directories, applications, products or services, including without limitation, Linked Services (hereinafter “External Services”).
Loonaq™ does not have or maintain any control over External Services, and is not and cannot be responsible for their content, operation or use. By linking or otherwise providing access to any External Services, Loonaq™ does not give any representation, warranty or endorsement, express or implied, with respect to the legality, accuracy, quality or authenticity of content, information or services provided by such External Services.
You are solely responsible for taking the precautions necessary to protect yourself from fraud when using External Services, and to protect your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content and material that may be included on or may emanate from any External Services.
Loonaq™ disclaims any and all responsibility or liability for any harm resulting from your use of External Services, and you hereby irrevocably waive any claim against Loonaq™ with respect to the content or operation of any External Services.
Please also note that individual Uploaders have control over the audio Content that they store in their account from time to time, and may remove any or all audio Content or other Content without notice. You have no right of continued access to any particular item of Content and Loonaq™ shall have no liability in the event that you are unable to access an item of Content due to its removal from the Platform, whether by Loonaq™ or the relevant Uploader.
13. Repeat Infringers
If we receive a valid notification from a third party in accordance with our reporting processes or applicable law that any of Your Content infringes the copyright or other rights of such third party, or if we believe that your behavior is inappropriate and violates our Community Guidelines, we will send you a written warning to this effect. Any user that receives more than two of these warnings is liable to have their access to the Platform terminated forthwith.
We will also suspend or terminate your account without warning if ordered to do so by a court, and/or in other appropriate circumstances, as determined by Loonaq™ at its discretion.
THE PLATFORM, INCLUDING, WITHOUT LIMITATION, THE WEBSITE, THE APPS AND ALL CONTENT AND SERVICES ACCESSED THROUGH OR VIA THE WEBSITE, THE APPS OR OTHERWISE, ARE PROVIDED “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS”.
WHILST MUSICXCHANGE USES REASONABLE ENDEAVOURS TO CORRECT ANY ERRORS OR OMISSIONS IN THE PLATFORM AS SOON AS PRACTICABLE ONCE THEY HAVE BEEN BROUGHT TO LOONAQ’S ATTENTION, LOONAQ MAKES NO PROMISES, GUARANTEES, REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER (EXPRESS OR IMPLIED) REGARDING THE WEBSITE, THE APPS, THE SERVICES OR ANY PART OR PARTS THEREOF, ANY CONTENT, OR ANY LINKED SERVICES OR OTHER EXTERNAL SERVICES. LOONAQ 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 OR PARTS THEREOF, THE CONTENT, OR THE SERVERS ON WHICH THE PLATFORM OPERATES ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. LOONAQ DOES NOT WARRANT THAT ANY TRANSMISSION OF CONTENT UPLOADED TO THE PLATFORM WILL BE SECURE OR THAT ANY ELEMENTS OF THE PLATFORM DESIGNED TO PREVENT UNAUTHORISED ACCESS, SHARING OR DOWNLOAD OF CONTENT WILL BE EFFECTIVE IN ANY AND ALL CASES, AND DOES NOT WARRANT THAT YOUR USE OF THE PLATFORM IS LAWFUL IN ANY PARTICULAR JURISDICTION.
LOONAQ 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 SHALL NOT APPLY TO THE EXTENT THAT THE LAW OF SUCH JURISDICTION APPLIES TO THIS AGREEMENT.
IN NO EVENT SHALL LOONAQ’S AGGREGATE LIABILITY TO YOU UNDER THIS AGREEMENT EXCEED THE GREATER OF 100 MYR OR THE AMOUNTS (IF ANY) PAID BY YOU TO LOONAQ DURING THE PREVIOUS TWELVE (12) MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM.
LOONAQ AND ITS SUBSIDIARIES, AFFILIATES, SUCCESSORS, AND ASSIGNS, AND THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND SHAREHOLDERS, SHALL HAVE NO LIABILITY FOR:
2. 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; AND/OR
4. ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE PLATFORM MUST BE NOTIFIED TO LOONAQ AS SOON AS POSSIBLE.
5. 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 LOONAQ AND ARE FUNDAMENTAL ELEMENTS OF THE BARGAIN BETWEEN YOU AND LOONAQ, AND THAT LOONAQ’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
7. FOR ANY DEATH OR PERSONAL INJURY CAUSED BY ITS OR THEIR NEGLIGENCE,
8. (II) FOR ANY FORM OF FRAUD OR DECEIT,
9. (III) FOR ANY DAMAGES CAUSED WILFULLY OR BY GROSS NEGLIGENCE, OR
10. (IV) FOR ANY FORM OF LIABILITY WHICH CANNOT BE LIMITED OR EXCLUDED BY LAW.
You hereby agree to indemnify, defend and hold harmless to Loonaq™, its successors, assigns, affiliates, agents, directors, officers, employees and shareholders from and against any and all claims, obligations, damages, losses, expenses, and costs, including reasonable attorneys' fees, resulting from:
(i) any violation by you of these Terms of;
(iii) any activity related to your account, be it by you or by any other person accessing your account with or without your consent unless such activity was caused by the act or default of Loonaq™.
Loonaq™ will have an active community of users, many of who organize and attend face-to-face meetings at venues all over the world. While Loonaq™ is generally supportive of LMX and may provide branded promotional materials to help organizers promote their LMX, Loonaq™ does not sponsor, oversee or in any way control such Loonaq™. You hereby acknowledge and agree that your attendance and participation in any LMX is entirely at your own risk and Loonaq™ does not bear any responsibility or liability for the actions of any Loonaq™ users or any third parties who organize, attend or are otherwise involved in any LMX.
From time to time, some Loonaq™ users may promote competitions, promotions, prize draws and other similar opportunities on the Platform (“Third Party Competitions”). Loonaq™ is not the sponsor or promoter of these Third Party Competitions, and does not bear any responsibility or liability for the actions or inactions of any third parties who organize, administer or are otherwise involved in any of promotion of these Third Party Competitions. If you wish to participate in any of these Third Party Competitions, it is your responsibility to read the terms and conditions applicable to the relevant Third Party Competition and to ensure that you understand the rules and any eligibility requirements, and are lawfully able to participate in such Third Party Competitions in your country of residence.
If you wish to run your own Third Party Competition on the Platform, you are free to do so provided you comply with our Competition Terms, which are available here.
The Platform includes access to customisable players (“Players”), and an embeddable version of the Loonaq™ waveform player (“Widget”) for incorporation into users’ own sites, third party sites or social media profiles, whether or not a Linked Service. This functionality is provided to enable Uploaders to put their Content wherever they wish, and to enable other users of the Platform to share and distribute Content within the parameters set by the Uploader.
You may not, without the prior written consent of Loonaq™, use the Players or the Widget in such a way that you aggregate Content from the Platform into a separate destination that replicates substantially the offering of the Website, or comprises a content service of which Content from the Platform forms a material part. Similarly, you may not, without the prior written consent of Loonaq™, use the Players or the Widget to embed Content into any website or other destination dedicated to a particular artist (except where the relevant Content is Your Content and you are the person or are authorized to represent the person to whom the site or destination is dedicated), or to a particular genre. You may not use the Players or Widget in any way that suggests that Loonaq™ or any artist, audio creator or other third party endorses or supports your website, or your use of the Players or Widget. The foregoing shall apply whether such use is commercial or non-commercial.
Loonaq™ reserves the right to block your use of the Players and the Widget at any time and for any reason in its sole discretion.
All registration for Registered User is free but certain features of the Platform are only available to registered users who upgrades or subscribe for a “ProLabel User” and “ProLabel Premium” account (together, “ProLabel Accounts”).
The purchase of ProLabel Accounts is subject to additional terms. These terms include, amongst other things, terms relating to payment, the conclusion and renewal of your contract, your right of cancellation during the first 14 days of your subscription, and certain technical usage limitations.
Type of Registered
1. Free use for every general user such as ProfilePage, Insight sales, etc.
2. Get content to be listed on Global Digital Distribution & Streaming Platform including iTunes, Spotify, Apple Music, Joox, Deezer, Youtube, etc.
3. Upload content to Direct Digital Download Store (DDDs) via Loonaq MusicXChange website/apps.
4. Social Media Awareness Syncronization with all Loonaq MusicXChange social media account, Islamictunes (if applicable), etc.
5. Track sales, streams, and revenue with clear dashboards.
Free & unlimited content uploads upon signing a Content Partner Agreement with Loonaq™.
Content Partner User
1. Free use for every general user such as ProfilePage, Insight sales, etc.
2. Upload content to Direct Digital Download Store (DDDs) via Loonaq MusicXChange website/apps.
3. Track sales, streams, and revenue with clear dashboards.
Free for 2 contents upload per annum. For more uploads to 100 uploads, USD99.00 per annum.
Same as above except annual fees of RM299 per annum.
ProLabel Premium User
Streaming, create playlist, Profile Page, buy download, like, follow and private message
Loonaq™ reserves the right at any time and for any reason to suspend, discontinue, terminate or cease providing access to the Platform or any part thereof, temporarily or permanently, and whether in its entirety or with respect to individual territories only. In the case of any temporary or permanent suspension, discontinuation, termination or cessation of access, Loonaq™ shall use its reasonable endeavors to notify registered users of such decision in advance.
You hereby agree that Loonaq™ and its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders shall not be liable to you or to any third party for any changes or modifications to the Website, Apps and/or any Services that Loonaq™ may wish to make from time to time, or for any decision to suspend, discontinue or terminate the Website, the Services or any part or parts thereof, or your possibility to use or access the same from or within any territory or territories.
Loonaq™ may change the features of any type of account, may withdraw or, introduce new features, products or types of account at any time and for any reason, and may change the prices charged for any of its ProLabel Accounts from time to time. In the event of any increase in the price or material reduction in the features of any ProLabel Account to which you have subscribed, such change(s) will be communicated to you and will only take effect with respect to any subsequent renewal of your subscription. In all other cases, where Loonaq™ proposes to make changes to any type of account to which you subscribe (Pro Label Account or otherwise), and these changes are material and to your disadvantage, Loonaq™ will notify you of the proposed changes by sending a message to your email which is happened as current email address that we have for your account, at least six (6) weeks in advance. You will have no obligation to continue using the Platform following any such notification, but if you do not terminate your account as described in the Termination section below during such six (6) week period, your continued use of your account after the end of that six (6) week period will constitute your acceptance of the changes to your account.
You may terminate this Agreement at any time by sending notice in writing to Loonaq Sdn. Bhd. at A-G-12, SME Technopreneur Centre (SME1), 2270 Jalan Usahawan 2 Cyber 6, 63000 Cyberjaya, Selangor, MALAYSIA, confirming such termination, by removing all of Your Content from your account, by deleting your account and thereafter by ceasing to use the Platform. If you have a Pro Account, and terminate this Agreement before the end of your subscription, we are unable to offer any refund for any unexpired period of your subscription.
Loonaq™ may suspend your access to the Platform and/or terminate this Agreement at any time if (i) you are deemed to be a Repeat Infringer as described above; (ii) you are in breach of any of the material provision of these TOS including without limitation, the provisions of the following sections: Your Use of the Platform, Your Content, Grant of License, and Your Representations and Warranties; (iii) Loonaq™ elects at its discretion to cease providing access to the Platform in the jurisdiction where you reside or from where you are attempting to access the Platform, or (iv) in other reasonable circumstances as determined by Loonaq™ at its discretion. If you have a Pro Account and your account is suspended or terminated by Loonaq™ pursuant to (i) or (ii) above, you will not be entitled to any refund for any unexpired period of your subscription. If your account is terminated pursuant to (iii) or (iv), refunds may be payable at the reasonable discretion of Loonaq™.
Once your account has been terminated, any and all Content residing in your account, or pertaining to activity from your account (for example, data relating to the distribution or consumption of your sounds), will be irretrievably deleted by Loonaq™, except to the extent that we are obliged or permitted to retain such content, data or information for a certain period of time in accordance with applicable laws and regulations and/or to protect our legitimate business interests. You are advised to save or back up any material that you have uploaded to your account before terminating your account, as Loonaq™ assumes no liability for any material that is irretrievably deleted following any termination of your account. Loonaq™ is not able to provide you with any backup file or other similar file of data relating to activity associated with your account, whether before or after termination or cancellation. This data is provided and is accessible only for viewing via your account page on the Website for as long as your account is active.
If you access the Platform via any of our Apps or via any third party app connected to your account, deleting that app will not delete your account. If you wish to delete your account, you will need to do so from the Account page within your Settings on the Website.
Loonaq™ may assign its rights and (where permissible by law) its obligations under this Agreement, in whole or in part, to any third party at any time without notice, including without limitation, to any person or entity acquiring all or substantially all of the assets or business of Loonaq™. You may not assign this Agreement or the rights and duties hereunder, in whole or in part, to any third party without the prior written consent of Loonaq™.
These TOS are not intended to give rights to anyone except you and Loonaq™. This does not affect our right to transfer our rights or obligations to a third party as described in the Assignment to Third Parties section.
Except where otherwise required by the mandatory law of Malaysia or any member state of the European Union
· this Agreement is subject to the laws of the Malaysia, excluding the UN Convention on Contracts for the International Sale of Goods (CISG) and excluding the principles of conflict of laws (international private law); and
· you hereby agree, and Loonaq™ agrees, to submit to the exclusive jurisdiction of the courts in Putrajaya, Malaysia for resolution of any dispute, action or proceeding arising in connection with this Agreement.
The services hereunder are offered by Loonaq Records, a company incorporated under the laws of Malaysia and with its main place of business at No. 1B-2, Jalan BRP 1/4, Bukit Rahman Putra, 40160 Sg. Buloh, Selangor, MALAYSIA.
More information about Loonaq is available here. You may contact us by sending correspondence to the foregoing address or by emailing us at email@example.com .We will mail to you electronically by sending a letter to the foregoing address with your electronic mail address and a request for these TOS.
Last Amended: 10 April 2020