Loox Online Ltd. (“Loox” or “us”, “our”, “we”) provides an online reviews and marketing solution which enables users to share reviews and/or interact with them on a variety of platforms (the “Service”).
“User” or “you” shall mean a person posting a review and/or interacting with reviews on a Merchant Website via the Service. “Merchant” means any third party that uses our Service to enable you to post reviews to Merchant Website. “Merchant Website” shall refer to the website of a Merchant implementing the Service. “Product” means any good or service you may buy or consider buying from the Merchant Website.
Please read the following Terms of Service (the “Terms”) carefully. These Terms govern your access to and use of the Service. By using the Service, you agree to be bound by the Terms. If you do not agree to the Terms, you may not use the Service.
Changes may be made to these Terms from time to time. Your continued use of the Service will be deemed acceptance of any such amended or updated terms.
"User Content" means any material that you upload, transfer, post or make available through the Service when you submit your review, including any rating, textual, graphic, visual or audio content. You are fully and solely responsible for any User Content you submit or post through the Service. We take no responsibility and assume no liability for any User Content that you or any other User submits through the Service. You shall be solely responsible for the User Content you submit and the consequences of submitting it. We cannot and do not accept any responsibility for the use of your submitted User Content by the Merchants, other Users or any other third party.
We have no obligation to accept, display, review or maintain any User Content. We reserve the right to remove and permanently delete any User Content, including any User Content submitted or modified by any User, without notice and for any reason.
Your Representations and Warranties
You represent and warrant that:
- you shall not use the Service to submit any User Content which: (a) contains material that is illegal, obscene, threatening, defamatory, racially or ethnically insensitive, harassing, threatening or otherwise offensive; (b) contains pornography or material that may be harmful to a minor; (c) contains material that violates or infringes the intellectual property, privacy rights, moral or contractual rights of any third party; (d) contains or transfers software viruses, worm, Trojan horse, or other harmful or disruptive software or code ; (e) violates any applicable law, regulations and rules, including all applicable law to commercial solicitation, chain letters, mass mailings or any form of spam.
- you have all necessary rights to submit any such User Content or to use, display and distribute (and allow others to use, display and distribute) any User Content in connection with the Service and that User Content (or modifications you may make to such User Content) does not infringe or violate any third party intellectual property rights, privacy or publicity rights, or moral rights.
Except for the User Content, we and our licensors own all rights, title and interest in and to the Service, including patents, copyrights, trademarks, trade names, service marks, trade secrets and other intellectual property rights, and any goodwill associated therewith.
Unless as expressly permitted in the Terms, you may not copy, distribute, display or perform publicly, sublicense, decompile, disassemble, reduce to human readable form, execute publicly, make available to the public, adapt, make commercial use of, process, compile, translate, sell, lend, rent, reverse engineer, combine with other software, modify or create derivative works of the Application, any part thereof or any of the Content on or of the Application (except for your Content), either by yourself or by a third party on your behalf, in any way or by any means.
License to use User Content
You hereby grant Loox, its affiliates, successors and service providers, and the Merchant, a perpetual, unlimited, nonexclusive, fully sublicensable, transferable, irrevocable, royalty-free, worldwide license to use, reproduce, delete, modify, adapt, publish, translate, display, perform, create derivative works from and/or sell and/or distribute the User Content that you make available on or by means of the Service or otherwise make available to us, in any media formats, all in connection with the operation of the Service throughout the world in any media and without compensation to you.
Loox reserves the right, but not the obligation, to change, condense or remove any User Content from the Merchant Website for any reason or no reason. Loox does not guarantee that you will have any recourse to edit or delete any User Content.
You may only upload Content that is authentic and that is your genuine review of the Merchant’s Product. You may not upload any false, misleading or fabricated information about Products, including false experiences concerning Products and any content about Products that does not originate from your purchase of the products in good faith (e.g. fake reviews). You may not post multiple reviews about a product you have purchased. If you have received a fee, discount, or any other incentive from Merchant to upload your review, you must disclose that you have received such incentive in return for your review. You may not impersonate any person or entity, or make any false statement pertaining to your identity, employment, agency or affiliation with any person or entity.
In addition to any other remedy Loox or any third party may have by law, Loox reserves the right to delete your reviews without prior notice if it receives a complaint of any fraud or deception against you. Loox may report such complaint to the relevant authorities. Loox will bear no responsibility to any damage caused to you by such deletion or report to the authorities; and you will indemnify and defend Loox for any third party claim against Loox due to your fraudulent acts or omissions.
If you have any reason to believe that any Content published via the Services is fraudulent or in any way infringes on your rights, please contact us at: firstname.lastname@example.org.
To the maximum extent permitted by law, you agree to indemnify, defend and hold harmless, us and our staff, at your own expense and immediately after receiving a written notice thereof, from and against any damages, loss, costs and expenses, including attorney’s fees and legal expenses, resulting from any plea, claim, allegation or demand, arising from, or in connection with your use of, or inability to use, the Service, your breach of the Terms, your fraudulent acts, or your breach of any other law or regulation.
Disclaimer of warranty
THE SERVICE IS PROVIDED FOR USE “AS IS” AND “WITH ALL FAULTS”.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LOOX (OR ITS DIRECTORS, OFFICERS, AFFILIATES, AGENTS OR EMPLOYEES) HAVE ANY LIABILITY FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES, ARISING OUT OF OR RELATING TO THE SERVICE OR THE USER CONTENT OR FROM THE CONDUCT OF ANY USERS OF THE SERVICE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE. THE ENTIRE LIABILITY OF LOOX (OR ITS DIRECTORS, OFFICERS, AFFILIATES, AGENTS OR EMPLOYEES) HEREUNDER SHALL NOT EXCEED ONE U.S. DOLLAR.
Governing Law & Jurisdiction
Regardless of Your place of residence or organization, or where you access or use the Application from, these Terms and your use of the Service will be exclusively governed by and construed in accordance with the laws of the State of Israel, excluding any otherwise applicable rules of conflict of laws, which would result in the application of the laws of a jurisdiction other than the State of Israel. The competent courts located in the Tel-Aviv-Jaffa district will have exclusive and sole jurisdiction over any dispute, claim or controversy arising from, or in connection with, the Service and its use, and with respect to any matter relating to the validity, applicability, performance or interpretation of these Terms. You and us, each, hereby expressly consent to personal jurisdiction in Israel and expressly waive any right to object to such personal jurisdiction or the non-convenience of such forum. Notwithstanding the foregoing, we may also lodge a claim against you: (a) pursuant to the indemnity clause above, in any court adjudicating a third party claim against us; and (b) for interim, emergency or injunctive relief in any other court having general jurisdiction over you.
No waiver, concession, extension, representation, alteration, addition or derogation from the Terms by us, or pursuant to the Terms, will be effective unless consented to explicitly and executed in writing by our authorized representative.
Failure on our part to demand performance of any provision in the Terms shall not constitute a waiver of any of our rights under the Terms.
You may not assign or transfer your rights and obligations under the Terms without our prior written consent, which consent shall not be unreasonably withheld. Any attempted or actual assignment by you, without our prior consent, shall be null and void. Notwithstanding the provisions of the Assignment of Obligations Law-1969, we may assign these Terms in their entirety, including all right, duties, liabilities and obligations therein, upon notice to you and without obtaining your further specific consent, to a third-party, upon a merger, acquisition, change of control or the sale of all or substantially all of its equity or assets relating to the Agreement. By virtue of such assignment, the assignee assumes our stead, including all right, duties, liabilities and obligations.
The section headings in the Terms are included for convenience only and shall take no part in the interpretation or construing of the Terms.
If any provision of the Terms is held to be illegal, invalid, or unenforceable by a competent court, then the provision shall be performed and enforced to the maximum extent permitted by law to reflect as closely as possible, the original intention of that provision, and the remaining provisions of the Terms shall continue to remain in full force and effect.
At any time, you may contact us with any question that you may have with respect to the Service, at: email@example.com.
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.