WEB SITE TERMS OF USE FOR ALL USERS

1.  READ THIS:

This Terms of Use Agreement (hereinafter “TOU”) is made by and between MVP Loops, a California DBA contains the terms and conditions that govern Your use of this web site and its products or services.

BY CLICKING THE “I AGREE” BUTTON OR BY ACCESSING, VISITING, BROWSING, USING OR ATTEMPTING TO INTERACT WITH ANY PART OF THIS WEB SITE, PURCHASE OR USE ANY MVP Loops SERVICES, PRODUCTS,  VIDEO TUTORIALS, SAMPLE SOUNDS, LOOPS, SOFTWARE, THIRD PARTY SOFTWARE, THIRD PARTY VIDEO CONTESTS, MVP PLATINUM SESSION, OR ANY OF MVP Loops’S LICENSEES SERVICES OR LICENSED SOFTWARE (“Products”), YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS TOU, MVP LOOP’S CONTEST RULES AND OTHER RESTRICTIONS ON THIS WEB SITE OR THE APPLICABLE THIRD PARTY TERMS OF USE AGREEMENT, IF ANY. IF YOU DO NOT AGREE TO BE BOUND BY THIS TOU, DO NOT ACCESS OR USE ANY PART OF THIS WEB SITE.

MVP Loops RESERVES THE RIGHT, FROM TIME TO TIME, WITH OR WITHOUT NOTICE TO YOU, TO MAKE CHANGES TO THIS TOU IN MVP Loops’S SOLE DISCRETION. CONTINUED USE OF ANY PART OF THIS WEB SITE CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES. THE MOST CURRENT VERSION OF THIS TOU, WHICH SUPERSEDES ALL PREVIOUS VERSIONS, CAN BE REVIEWED BY REVIEWING THE “TERMS OF USE” WHENEVER VISITING THIS WEB SITE.

2.  ACCESS TO THIS WEB SITE

To access this site or some of the resources it offers, You may be asked to provide certain registration details or other information. It is a condition of Your use of this site that all the information You provide on this site will be correct, current, and complete. If MVP Loops believes the information You provide is not correct, current, or complete, MVP Loops may refuse Your access to this site or any of its resources, and to terminate or suspend Your access at any time.

3.  CONTENT DATA FILES

The purchase or use of sample sounds or loops from this web site is not a purchase of software.  Sample sounds or loops consist of content data files only. You understand that the purchasing or licensing of software is a separate purchase from the purchase of sample sounds or loops.

4.  ROYALTY FREE

MVP Loops’s sample sounds and loops are royalty free. This means that you have the non-exclusive right to use them freely in any sound and/or audiovisual production without additional compensation to MVP Loops, except that:

You may not distribute, sell, assign, license or otherwise transfer any of the sounds or loops except as incorporated in a production. You may not distribute the sounds or loops without the production of music and/or vocal production added or provide instruction as to how to extract the sounds or loops from a production.

You may not distribute the sounds or loops, either in native format or reformatted, filtered, re-synthesized or otherwise edited for use as sounds, multi-sounds, samples, loops, multi-samples in a sampler, sample playback unit, web site, computer or other media.

5.  PRODUCTS SUBJECT TO CHANGE WITHOUT NOTICE

Any Products on this web site are always subject to change. Items available at certain times may not be available at other times. Product changes may include but not be limited to products, services, information and giveaways on the MVP Platinum Session, sample sounds, loops, and third party video contests, tutorials, software and Products currently provided or available in the future.

6.  PRODUCT DOWNLOADS

You should download Product right away from the receipt page or from the “my account” section. All downloads must be made within 48 hours of purchase. For security reasons download links are deactivated after 48 hours. If, for some reason You fail to download within 48 hours please contact us so that we may re-set Your purchase for download.

Many of the sample packs and loops on this web site are over 10MB; therefore it is recommended that You use a fast, broadband internet connection to download Product. For reasons out of MVP Loops’S control sample packs and loops can become corrupted. This problem could be caused by internet connections, User software or other reasons beyond the control and responsibility of MVP Loops. In the event this happens to You simply download the samples or loops again. We guarantee that all Products are in 100% working order and downloaded on our servers.

MVP Loops uses a self extracting Zip file, which is an executable file (.exe) that contains a Zip file and a small program to extract (unzip) the contents of the Zip file. Users can run (execute) the file just as they run any other program; just double click on the .exe file.

7.  CD ROMs and DVD ROMs

For CD and DVD purchases, You are purchasing only the content contained in the CDs and DVDs. The price You pay is only for the content. The discs are burned on high quality CD and DVD media, but are only provided as an easy method of delivering the content and are not guaranteed. We strongly suggest that you immediately transfer any content to Your own preferred storage media. If the disc is damaged or does not play in your equipment, confirm that Your equipment is not the reason, then contact us, obtain an RMA#,  and return the disc within 14 days and we will ship you a replacement at no charge. We reserve the right to charge for return delivery if we find that the disc is in full working order.

8.  RETURNS/REFUNDS

Rampant piracy, bootlegging and other acts injurious to web-based businesses, forces MVP Loops to only provide refunds on third party software returned unopened within 14 days of purchase. However, MVP Loops cannot return purchases due to incompatibility. Any refund request must accompany an RMA# provided by MVP Loops. If Your downloaded content is corrupted for reasons, out of the control of MVP Loops, You may download it again at no additional charge and if the link is deactivated MVP Loops will reactivate the link for You.

9.  DEMONSTRATIONS

MVP Loops provides demonstration sounds to aide Users in their decision to make a purchase or use MVP Loops’s Products. These demonstration files are copyrighted by MVP Loops and You may only use them in any production with the express written consent of MVP Loops.

10.  RESTRICTIONS ON USE

You may use this site for purposes expressly permitted by this site. As a condition of use of the site, you warrant to MVP Loops that you will not use the site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. For example, you may not (and may not authorize any party to) (i) co-brand this site, or (ii) frame this site, or (iii) hyper-link to this site, without the express prior written permission of an authorized representative of MVP Loops. For purposes of this TOU, "co-branding" means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this site or content accessible within this site. You agree to cooperate with MVP Loops in causing any unauthorized co-branding, framing or hyper-linking immediately to cease. In addition, You may not use this site in any manner which could disable, overburden, damage, or impair the site or interfere with any other party's use and enjoyment of the site. You may not obtain or attempt to obtain any materials, content, or information through any means not intentionally made available or provided for through this site.


11. PROPRIETARY INFORMATION

The material and content accessible from this site, and any other website owned, operated, licensed, or otherwise controlled by MVP Loops (the "Content") is the proprietary information of MVP Loops or the party that provided or licensed the Content to MVP Loops, whereby such providing party retains all right, title, and interest in the Content. Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of MVP Loops, except that you may print out a copy of the Content solely for your personal use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. Modification or use of the Content except as expressly provided in this TOU violates MVP Loops’s intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to this site.


12. HYPER-LINKS

This site may be hyper-linked to other sites which are not maintained by, or related to, MVP Loops. Hyper-links to such sites are provided as a service to users and are not sponsored by or affiliated with this site or MVP Loops. MVP Loops has not reviewed any or all of such sites and is not responsible for the content of those sites. MVP Loops is not responsible for webcasting or any other form of transmission received from any hyper-linked site. Hyper-links are to be accessed at the user's own risk, and MVP Loops makes no representations or warranties about the content, completeness or accuracy of these hyper-links or the sites hyper-linked to this site. MVP Loops provides hyper-links as a convenience, and the inclusion of any hyper-link to a third-party site does not necessarily imply endorsement by MVP Loops of that site or any association with its operators.


13. SUBMISSIONS

You hereby grant to MVP Loops the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated to MVP Loops through this site (together, the "Submission"), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. MVP Loops will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future MVP Loops operations.

MVP Loops will treat any personal information that you submit through this site in accordance with its Privacy Policy. [insert hyperlink].

14. DISCLAIMER

You understand that MVP Loops cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this site for any reconstruction of any lost data. MVP Loops does not assume any responsibility or risk for your use of the Internet.

All of the information in this site, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this site, and MVP Loops does not undertake any obligation to update such information after it is posted or to remove such information from this site if it is not, or is no longer accurate or complete.

15. LIMITATION ON LIABILITY

MVP Loops ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF MVP Loops  HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF MVP Loops AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO MVP Loops FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE.

16. TERMINATION OR RESTRICTION OF ACCESS

MVP Loops reserves the right, in its sole discretion, to terminate your access to any or all of MVP Loops’s web sites and the related services or any portion thereof at any time, without notice.

17. INDEMNITY

You will indemnify and hold MVP Loops, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the "Indemnified Parties") harmless from any breach of this TOU by You, including any use of Product other than as expressly authorized in these TOU. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting liability, loss, damages, judgments, awards, costs, expenses, and attorneys' fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of Your use of the information accessed from this site.


18. TRADEMARKS AND COPYRIGHTS

Trademarks, service marks, logos, and copyrighted works appearing in this site are the property of MVP Loops or the party that provided the trademarks, services marks, logos, and copyrighted works to MVP Loops. MVP Loops and any party that provided trademarks, service marks, logos, and copyrighted works to MVP Loops retain all rights with respect to any of their respective trademarks, service marks, logos, and copyrighted works appearing in this site.

All contents of this web site are: Copyright 2009 MVP Loops Sounds, Inc. All rights reserved.

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to the Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.

19. SECURITY

Any passwords used for this site are for individual use only. You will be responsible for the security of your password (if any). MVP Loops will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that MVP Loops considers insecure, MVP Loops will be entitled to require the password to be changed and/or terminate your account.

MVP Loops reserves the right to fully cooperate with any law enforcement authorities or court order requesting or direction MVP Loops to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS MVP Loops FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY MVP Loops DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER MVP Loops OR LAW ENFORCEMENT AUTHORITIES.

20. MISCELLANEOUS

This TOU will be governed and interpreted pursuant to the laws of California, United States of America, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in California in connection with any dispute between you and MVP Loops arising out of this TOU or pertaining to the subject matter hereof. The parties to this TOU each agree that the exclusive venue for any dispute between the parties arising out of this TOU will be in the state and federal courts in Los Angeles, California.

If any part of these Terms of Use is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. You agree that no joint venture, partnership, employment, or agency relationship exists between you and MVP Loops as a result of this agreement or use of MVP Loops’s web site. This TOU constitutes the entire agreement among the parties relating to this subject matter and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written between the User and MVP Loops with respect to MVP Loops’s web site. Notwithstanding the foregoing, any additional terms and conditions on this site will govern the items to which they pertain.

MVP Loops may revise these Terms of Use at any time by updating this posting.