Last updated: June 25th 2022.
Loox Online Ltd. ("Loox",“we”, “us”, “our”) operates a web application that thatprovides an online reviews and marketing solution (the "Application"and “Reviews”) for merchants who use the Shopify platform to operate andenhance their e-commerce websites (“you”, the "Merchants"and “Websites”). Loox has adopted this Acceptable Use Policy (the “Policy”),which is incorporated into our Terms of Service, as a binding policy governing the permissible and impermissible usesof Loox.
Capitalizedterms used but not defined herein shall have the same meaning(s) ascribedthereto in the Terms of Service.
Use of the Application and restrictions
While using the Application, you agree to refrain from –
- Breaching the Terms of Service, Shopify Terms of Application or any other applicable rules and instructions that we may convey with respect to the use of the Application;
- Engaging in any activity that constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law, including laws governing privacy, defamation, spam, copyright, commerce and consumer rights;
- Interfering with, burdening or disrupting the functionality of the Application;
- Breaching the security of the Application or identifying any security vulnerabilities in it;
- Circumventing or manipulating the operation or functionality of the Application, or attempting to enable features or functionalities that are otherwise disabled, inaccessible or undocumented in the Application;
- Using or launching any automated system, including without limitation robots, crawlers and similar applications to collect or compile content from the Application;
- Impersonating any person or entity, or making any false statement pertaining to your identity, employment, agency or affiliation with any person or entity;
- Collecting, harvesting, obtaining or processing personal information of or about other users of the Application;
- Accessing or using the Application in order to develop or create a similar or competitive product or Application.
Without derogating from any of the above, you may not upload, disseminate, transmit or otherwise communicate through the Application any Content which:
- May infringe rights of others, including a person's right to privacy or right of publicity, patents, copyrights, trade secrets and trademarks;
- Is copied from other users of the Application without obtaining their prior written consent;
- May include outdated, false, or fabricated information about Products, including false users’ experiences concerning products and any content about products that does not originate from users that have previously purchased the products in good faith (e.g. fake Reviews);
- May depict or identify minors, their personal details, their address or ways to contact them, without their legal guardians’ explicit consent, as well as such minors’ approval, when practically possible;
- May include software viruses, spyware or any other malicious applications;
- May encourage, support, assist, or advise in the commission of a criminal offense or carry an elevated risk of psychological or physiological stress or injury or damage to property;
- May, through posting, publication, dissemination, or making available to the public, be prohibited by any applicable law, including court orders;
- May be threatening, abusive, harassing, defamatory, libelous, vulgar, violent, obscene or racially, ethnically or otherwise objectionable;
- Is overtly sexual or pornographic material, defined by Webster's Dictionary as "explicit descriptions or displays of sexual organs or activities intended to stimulate erotic rather than aesthetic or emotional feelings";
- Contains inflammatory religious commentary or inaccurate or misleading quotations of religious texts;
- Is a realistic portrayal of people or animals being killed, maimed, tortured, or abused, or content that encourages violence;
- Include depictions that encourage illegal or reckless use of weapons and dangerous objects, or facilitate the purchase of firearms;
- May include unsolicited commercial communications ('spam'), chain letters, or pyramid schemes.
Additional information for Merchants subject to the laws of the European Economic Area
If you are established or a business in the European Economic Area (EEA), or offer your products or services to consumers located in the EEA, the following also applies to you:
• For each Review, you must indicate whether or not you have verified that the Review originates from those who have actually used or purchased the reviewed product. Loox offers tools that help you provide that indication.
• If you perform or indicate that you perform verification that a Review is from an actual purchaser, then you must also comply with both of the following:
<rte-indent-unordered>• You must ensure that the verification process is reasonable and proportionate to increase the likelihood that the published Review originates from consumers who have actually used or purchased the product.<rte-indent-unordered>
<rte-indent-unordered>• You must provide consumers with clear information about the measures you used in the reasonable and proportionate verification process. Loox offers the tools that help you to provide that information.<rte-indent-unordered>
• If you do not perform verification that a Review is from an actual purchaser, then you are prohibited from:
<rte-indent-unordered>• Stating that Reviews are verified.
<rte-indent-unordered>• Misleading consumers to believe the Review is from an actual purchaser, such as by stating that a Review is from a “consumer” or a “user”.<rte-indent-unordered>
• You are also required to disclose the following information:
<rte-indent-unordered>• Detailed explanation on how Reviews are collected, sourced, reviewed and processed. Loox offers tools that help you to provide that information.
<rte-indent-unordered>• Whether and how Reviews are influenced by sponsored Reviews or by contractual relations with you. This is a disclosure you must make on your own, and not through the Application.<rte-indent-unordered>
• You are prohibited from submitting fake Reviews or using third parties, including consumers, to submit fake Reviews.
• You are prohibited from misrepresenting the heterogeneity of consumers Reviews, such as:
<rte-indent-unordered>• Publishing, soliciting, or screening only positive Reviews and deleting, hiding, or delaying the publication of the negative ones.<rte-indent-unordered>
<rte-indent-unordered>• Withholding some or all Reviews, whether temporarily or permanently, unless you notify consumers of doing so while having an objectively legitimate reason as well (e.g., removing Reviews that contain unlawful speech, vulgar or violent language). Note that you should not temporarily withhold some or all Reviews until you’ve screened those that need to be removed.<rte-indent-unordered>
<rte-indent-unordered>• Giving purchasers remuneration (e.g., future discount, coupon), for posting only positive Reviews.<rte-indent-unordered>
<rte-indent-unordered>• Linking the consumer endorsements to different products than those intended by the consumer.<rte-indent-unordered>
<rte-indent-unordered>• Providing consumers with pre-filled positive Review templates.<rte-indent-unordered>
<rte-indent-unordered>• Engaging with consumers during the moderation process to incentivize them to change their Reviews or withdraw their negative Reviews.<rte-indent-unordered>
You may only use the Application if you are an individual with full legal capacity, who owns a Shopify account or duly authorized on behalf of a Merchant to be bound by our Terms of Service. You may use the Application for your reasonable business needs and in accordance with this Policy and with our Terms of Service.
Alleged infringement notice
If you believe that the Service was used to infringe your copyrights, you may send our designated copyright agent (the "Agent") a written notification that includes substantially the following:
- A physical or electronic signature of the person authorized to act on behalf of the owner of the right that is allegedly infringed;
2. Loox Terms of Service available here
- Identification of the copyrighted work claimed to be infringed, or if copyrighted works are covered by a single notification, a representative list of such elements;
- Identification of the content that is claimed to infringe or to be the subject of infringing activity and the access to which is to be disabled, and information reasonably sufficient to permit us to locate the content, including the exact Service page in which you discovered the allegedly infringing content;
- Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
- A statement that you have a good faith belief that the use of the material, in the manner complained of, is not authorized by the owner of the copyrighted work, its agent, or the law;
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of the copyrighted work that is allegedly infringed.
Upon your notification, we may remove or disable access to the content that you claim to be infringing. We may ask you to provide further or supplemental information, prior to removing or disabling access to any content displayed on the Service, as we deem necessary to comply with the law. We may also provide the Service user who submitted the allegedly infringing content, with your contact details, in order for that person to be able to contact you and challenge your claim.
If we’ve removed or disabled access to content that you submitted, pursuant to a notification of claimed infringement that we received, then you have an opportunity to respond to the notice and takedown by submitting a counter-notification to our Agent. To be effective, your counter notification must be a written communication that includes substantially the following:
- Your physical or electronic signature;
- Identification of the removed content, or of the content to which access has been disabled and the location at which the content appeared before its removal or before access to it was disabled;
- A statement, under penalty of perjury, that you have a good faith belief that the content was removed or disabled as a result of mistake or misidentification of the content;
- Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the competent courts in any judicial district in which your address is located or in which you may be found, and that you will accept service of process from the person who provided notification or an agent of such person.
After receipt of a counter notification, we will provide the person who submitted the claimed infringement notification, with a copy of the counter notification.
Subject to the applicable law, we may then replace the removed content and cease disabling access to it within 10 to 14 business days following receipt of the counter notice, unless our Agent first receives notice from the person who notified us of the claimed infringement that such person has filed an action seeking a court order to restrain the user from engaging in infringing activity relating to the content on the Service.