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Terms of Service

June 2023

DISTRIBUTED CREATION INC. d/b/a “One Up Loops Inc.”. 

TERMS OF SERVICE

Thank you for selecting the Services offered by One Up Loops Inc. Inc. (referred to as “One Up Loops Inc. Inc.”, “we”, “our” or “us”). Review these Terms of Service (the “Agreement”) thoroughly. This Agreement is an agreement between you (referred to as “you”, “your” and “User”) and One Up Loops Inc.. By accessing or using the Services (as defined below), you agree to this Agreement. If you do not agree to this Agreement you may not use the Services. 

  1. GENERAL:
    1. In this Agreement “Service” or “Services” means use of the One Up Loops Inc. website www.oneuploops.com establishing an account and related applications. 
    2. This Agreement describes the terms governing your use of the One Up Loops Inc. Services. The Services includes, but not limited to:
      1. One Up Loops Inc.’s Privacy Policy.
      2. Additional terms and conditions, which may include those from third parties.
      3. Establishing an account to access the Services.
      4. Any terms provided separately to you for the Services, including license terms, ordering, apps, payment terms, etc.
      5. All sounds and/or sound libraries accessed from “One Up Loops Inc.” are licensed, not sold, to you by “One Up Loops Inc.” as the exclusive copyright holder and licensor of all loops, sounds and/or sound libraries accessed from the “One Up Loops Inc.” website. By creating an account and subscribing to access the “One Up Loops Inc.” library, you are granted a non-exclusive right/license to incorporate “One Up Loops Inc.” sounds/loops in sync and within audio, visual, or multimedia productions and compositions. Audio, visual, and multimedia productions and compositions that qualify include film productions, television programs, radio/tv advertisements, website media, video game production, business presentations, album productions, artist promotions, and soundtracks – royalty free. However, “One Up Loops Inc.” products cannot be used in any productions or compositions for any sound and/or loop libraries whatsoever.
      6. Following these guidelines entitles you, the licensee, to use “One Up Loops Inc.” sound libraries without additional royalties, license fees, or any other fees. You may not distribute, sell, rent, lease, sublicense, assign, or otherwise transfer any of “One Up Loops Inc.” sounds except as incorporated in an audio, visual, or multimedia production. You may not distribute “One Up Loops Inc.”’ sounds/loops, either in native format or reformatted, filtered, re-synthesized, re-mixed or otherwise edited, for use as sounds, multi-sounds, samples, multi-samples, programs or patches in a sampler, sample playback unit, website, compact disc, DVD, hard drive or computer. You may not distribute “One Up Loops Inc.” sounds independently of an audio, visual, or multimedia production. Additionally, you may not use “One Up Loops Inc.” sound/loop products for the promotion and/or production of any competing products or services. 
      7. All publications authored and written by “One Up Loops Inc.” including, but not limited to, music production tips & techniques articles, music production ebooks, and music production tutorial videos are the exclusive copyrighted properties of “One Up Loops Inc. If you are interested in re-publishing or distributing “One Up Loops Inc.”’s music production publications, you must contact “One Up Loops Inc.” directly in writing to request copyright clearance for any and all “One Up Loops Inc.” publications and receive written consent before re-publishing rights may be granted.
    3. You must be at least 18 years of age to use our Services. By accessing or using our Services you agree that: 
      1. By using your account and Services, you form a binding contract with One Up Loops Inc.;
      2. You will comply with this Agreement and all applicable local, provincial, state, national and international laws, rules and regulations. 
  2. YOUR RIGHT TO USE THE SERVICES:
    1. The Services are protected by copyright and other intellectual property laws. You are only granted the right to use the Services and only for the purposes described by One Up Loops Inc.. One Up Loops Inc. reserves all other rights in the Services. Until termination of this Agreement and as long as you meet any applicable payment obligations and comply with this Agreement, One Up Loops Inc. grants to you a personal, limited, nonexclusive, non-transferable right and license to use the Services.
  3. SERVICES:

You acknowledge that our Services as presented in these Term of Service and on our website at www.oneuploops.com have been communicated to you and you agree to them. You agree that One Up Loops Inc. can change the Services from time to time. Where such changes occur One Up Loops Inc. will notify you in accordance with the terms of this Agreement. 

  1. PAYMENT:
    1. Upon registering for the Services and establishing your account, you agree to provide One Up Loops Inc. with your complete and accurate billing and contact information.
  2. ACCOUNT SUSPENSION 
    1. If your account is suspended for non-payment One Up Loops Inc. will store your information (the “Account Data”) for as long as we are legally required to in Canada. When One Up Loops Inc. is no longer bound to store it, One Up Loops Inc. will dispose of the Account Data in a confidential manner. If your account is suspended One Up Loops Inc. will provide you access to your Account Data upon request in accordance with the provisions of this Agreement. 
  3. SUPPORT BOUNDARIES: 
    1. One Up Loops Inc. provides support to its customers via email during regular operation hours, excluding stat holidays. Regular operation hours are 9 am – 5 pm MST.
  4. CONTENT AND USE OF THE SERVICES
    1. You agree not to use, nor permit any third party to use, the Services to upload, post, distribute, link to, publish, reproduce, engage in, promote or transmit any of the following:
      1. Illegal, fraudulent, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, harassing, offensive, inappropriate or objectionable information or communications of any kind, including without limitation conduct that is excessively violent, incites or threatens violence, encourages “flaming” others or criminal or civil liability under any local, provincial, federal or international law;
      2. Content that would impersonate someone else or falsely represent your identity or qualifications, or that may constitute a breach of any individual’s privacy; is illegally unfair or deceptive, or creates a safety or health risk to an individual or the public;
      3. Virus, Trojan horse, worm or other disruptive or harmful software or data; and
      4. Any Content that you do not own or have the right to use without permission from the intellectual property rights owners thereof.
  5. USE OF THE YOUR PERSONAL INFORMATION

One Up Loops Inc. will use your personal information in accordance with our Privacy Policy which can be accessed here: <link to Privacy Policy>

  1. DISCLAIMER OF WARRANTIES
    1. YOUR USE OF THE SERVICES, AND CONTENT PROVIDED BY One Up Loops Inc. IS ENTIRELY AT YOUR OWN RISK. EXCEPT AS DESCRIBED IN THIS AGREEMENT, THE SERVICES ARE PROVIDED “AS IS.” TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, One Up Loops Inc., ITS AFFILIATES, AND ITS AND THEIR THIRD PARTY PROVIDERS, LICENSORS, DISTRIBUTORS OR SUPPLIERS (COLLECTIVELY, “SUPPLIERS”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY THAT THE SERVICES ARE FIT FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, DATA LOSS, NON-INTERFERENCE WITH OR NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS, OR THE ACCURACY, RELIABILITY, QUALITY OF CONTENT IN OR LINKED TO THE SERVICES. One Up Loops Inc. AND ITS AFFILIATES AND SUPPLIERS DO NOT WARRANT THAT THE SERVICES ARE SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT OR DESTRUCTION. IF THE EXCLUSIONS FOR IMPLIED WARRANTIES DO NOT APPLY TO YOU, ANY IMPLIED WARRANTIES ARE LIMITED TO 60 DAYS FROM THE DATE OF PURCHASE OR DELIVERY OF THE SERVICES, WHICHEVER IS SOONER. 
    2. One Up Loops Inc., ITS AFFILIATES AND SUPPLIERS DISCLAIM ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE SERVICES WILL SATISFY OR ENSURE COMPLIANCE WITH ANY LEGAL OBLIGATIONS OR LAWS OR REGULATIONS.
  2. LIMITATION OF LIABILITY 
    1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ENTIRE LIABILITY OF One Up Loops Inc., ITS AFFILIATES AND SUPPLIERS FOR ALL CLAIMS RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICES DURING THE TWELVE (12) MONTHS PRIOR TO SUCH CLAIM. SUBJECT TO APPLICABLE CANADIAN LAW, One Up Loops Inc., ITS AFFILIATES AND SUPPLIERS ARE NOT LIABLE FOR ANY OF THE FOLLOWING: (A) INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES; (B) DAMAGES RELATING TO FAILURES OF TELECOMMUNICATIONS, THE INTERNET, ELECTRONIC COMMUNICATIONS, CORRUPTION, SECURITY, LOSS OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF BUSINESS, REVENUE, PROFITS OR INVESTMENT, OR USE OF SOFTWARE OR HARDWARE THAT DOES NOT MEET One Up Loops Inc. SYSTEMS REQUIREMENTS. THE ABOVE LIMITATIONS APPLY EVEN IF One Up Loops Inc. AND ITS AFFILIATES AND SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS AGREEMENT SETS FORTH THE ENTIRE LIABILITY OF One Up Loops Inc., ITS AFFILIATES AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE SERVICES AND ITS USE.  
    2. You understand that it is your responsibility and in your best interest to inform One Up Loops Inc. about any problem with access to the Services within 24 hours of the problem of access.
  3. INDEMNIFICATION

You agree to indemnify and hold One Up Loops Inc. harmless from any and all claims, liability and expenses, including reasonable attorneys’ fees and costs, arising out of your use of the Services or breach of this Agreement (collectively referred to as “Claims”). One Up Loops Inc. reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any Claims. You agree to reasonably cooperate as requested by One Up Loops Inc. in the defense of any Claims.  

  1. COPYRIGHT AND TRADEMARKS

One Up Loops Inc. logos, trademarks, copyright, loops, graphics and the general layout and operations of the Services are and remain the property of One Up Loops Inc..  Third party trademarks, logos or graphics are owned by that third party.  No license or other rights in or to such logos, graphics and the general layout and operations are granted to you or any party through use of the Services. Any rights that may transfer to you in connection with One Up Loops Inc. and/ or the Services are strictly usage-based rights only and One Up Loops Inc. grants no other rights to you in connection therewith. All right, title and interest in and to One Up Loops Inc.’ provision of the Services under this Agreement, including any materials or information disclosed or provided to you by One Up Loops Inc. (or copies thereof) for the purpose of the your use of the Services are owned exclusively by One Up Loops Inc. and/ or its affiliates. 

  1. SYSTEM AND NETWORK SECURITY:
    1. Users are prohibited from violating or attempting to violate the security of One Up Loops Inc. network. Violations of One Up Loops Inc. or the security of its Users may result in civil or criminal liability to you. One Up Loops Inc. will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement and regulatory authorities in prosecuting Users who are involved in such violations. These violations include, without limitation:
      1. Accessing data not intended for such User or logging into an account which such User is not authorized to access.
      2. Attempting to probe, scan or test the vulnerability of One Up Loops Inc. or to breach security or authentication measures without proper authorization.
      3. Attempting to interfere with Service to any User, without limitation, via means of overloading, phishing, “Flooding”, “mail bombing”, or “crashing”. 
      4. Taking any action in order to obtain Services to which such User is not entitled by this agreement.
    2. One Up Loops Inc. is under no obligation to monitor any User’s activities to determine if a violation of this Agreement has occurred, nor does it assume any responsibility through this Agreement to monitor or police Internet-related activities.
  2. TERMINATION. 

One Up Loops Inc. may, in its sole discretion and without cause or notice, restrict, deny, terminate this Agreement or suspend the Services, related or other Services, effective immediately, in whole or in part, if we determine that your use of the Services violates the Agreement, is improper or substantially exceeds or differs from normal use by other users,  raises suspicion of fraud, misuse, security concern, illegal activity or unauthorized access issues, to protect the integrity or availability of the Services or systems and comply with applicable One Up Loops Inc. policy, if you no longer agree to receive electronic communications, or if your use of the Services conflicts with One Up Loops Inc.’ interests or those of another user of the Services. Upon One Up Loops Inc.’ notice that your use of the Services has been terminated you must immediately stop using the Services and any outstanding account payments will immediately become due. Any termination of this Agreement shall not affect One Up Loops Inc.’ rights to any payments due to “One Up Loops Inc”. This Agreement with the exception of section 2.1 will survive and remain in effect even if the Agreement is terminated.    

  1. MISCELLANEOUS PROVISIONS:
    1. Assignment. Other than as expressly provided under this Agreement, you shall not transfer or assign this Agreement nor your account without the prior written consent of One Up Loops Inc.. One Up Loops Inc. may assign this Agreement at any time without consent from or notice to you. 
    2. We may tell you about other One Up Loops Inc. Services. You may be offered other services, products, or promotions by One Up Loops Inc. (“Additional Services”). Additional terms and conditions and fees may apply. With some Additional Services you may at your sole discretion upload or enter data from your account(s) such as names, addresses and phone numbers, purchases, etc., to the Internet.
    3. Communications. One Up Loops Inc. may be required by law to send you communications about the Services or third party products. You agree that One Up Loops Inc. may send these communications to you via email or by posting them on our websites
    4. You will manage your passwords and accept updates. You are responsible for securely managing your password(s) for the Services and to contact One Up Loops Inc. if you become aware of any unauthorized access to your account. The Services may periodically be updated with tools, utilities, improvements, third party applications, or general updates to improve the Services. You agree to receive these updates and comply and cooperate with any new services.
  2. CHANGES. 

We reserve the right to modify this Agreement, in our sole discretion, at any time, and the modifications will be effective when posted through the Services or on our website for the Services or when we notify you by other means. We may also change or discontinue the Services, in whole or in part.  It is important that you review this Agreement whenever we modify it because your continued use of the Services indicates your agreement to the modifications.

  1. GOVERNING LAW AND JURISDICTION

You agree that this Agreement shall be governed by the laws of the Province of Alberta and of Canada where applicable. You agree that any dispute arising out of this agreement shall be under the jurisdiction of the courts of Alberta and such courts shall have the exclusive jurisdiction to hear, settle and/or determine any dispute or claim that arises out of or in connection with this Agreement, including its subject matter, its validity and its binding effect on you. 

2024 Oneuploops INC. All rights Reserved.