LoopUp Permitted Use & Takedown Policyversion 2_4, last updated 24 May 2018
1.1 In this Policy: words, phrases and terms are as defined in our Terms of Service unless otherwise stated; headers are provided for convenience only and will not affect interpretation; a reference to: a person includes a reference to a body corporate, association or partnership and that person’s successors and permitted assigns; the singular includes the plural, the masculine includes the feminine and vice versa; ‘including’ means ‘including without limitation’; ‘Website’ means any website to which we provide access; and ‘writing’ means any legible, visible and permanent form including hand-written and printed documents, facsimile and electronic mail communications (including printed records thereof).
2. Unlawful & Damaging Behaviour
2.1 You will not, and you will use reasonable efforts to ensure that End Users do not, use the Services, Software or Website to make any communication or call or upload, record or otherwise transmit, distribute or store any Customer Content that in whole or in part: (a) infringes any third party’s copyright, patent, trademark, trade secret or other Intellectual Property Right or rights of publicity or privacy; (b) violates any law, statute, ordinance or regulation (including without limitation the laws and regulations governing export control, unfair competition, anti-discrimination or false advertising); (c) is defamatory, trade libellous, unlawfully threatening or unlawfully harassing; (d) is obscene, an illegal threat, harmful to minors or child pornographic; (e) is an automated or unsolicited communications or communication broadcast or blasting unless in accordance with all applicable laws (f) contains any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information including making use of a Service, using memory space, sending emails, corrupting files and compromising or affecting authentication and security information and procedures; (g) is materially false, misleading or inaccurate; or (h) is otherwise contrary to your Agreement with us.
3. Prohibited Use of Services
3.1 You will not, and you will use reasonable efforts to ensure that End Users do not: (a) use the Services, Software or Website in connection with chain letters, junk mail, surveys, contests, pyramid schemes, or any use of distribution lists to any person who has not given specific permission to be included in such a process (commercial or otherwise); (b) harvest or otherwise collect information about others, including e-mail addresses, without their consent; (c) use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity that is not a user of the Services any directory of other users or usage information or any portion thereof other than in the context of your use of the Services; (d) knowingly interfere with or disrupt networks connected to the Services, Software or Website or violate the regulations, policies or procedures of such networks; (e) attempt to gain unauthorized access to the Services, Software, Website, other accounts, computer systems or networks connected to the Services, through password mining or any other means; or (f) use the Services, Software or Website for illegal purposes (including without limitation, gambling or betting).
3.2 You will not, and you will use reasonable efforts to ensure that End Users do not: use any Service or Website in any way that is contrary to your Agreement with us or that may have a material detrimental effect on our goodwill or any Service or such website, including their performance, accessibility, security, or use by any other person; rent, lease, grant a security interest in, resell or otherwise transfer any rights in the use of the Services to any person; sub-license the Software or Materials to any person other than as expressly permitted under your Agreement with us; act as a service bureau for any Service; or allow access to the Software, Services or Materials to any person other than in accordance with your Agreement with us.
4. Take Down of Customer Content
4.1 We reserve the right at all times to remove any Customer Content we believe in our discretion is contrary to this Policy or for which we have received a take-down request according to this Policy (‘TDR’) from any person (‘Notifier’). We may ask for missing information before taking what we believe to be the appropriate steps (if any). As different laws apply in different jurisdictions what we decide to do may be different in each case. If we remove Customer Content, we will always inform the person whose content it is (‘Publisher’) and provide them with a copy of the TDR so they can respond in the required format. We will then forward a copy of any response to the Notifier.
4.2 A TDR must be in the form set out below, bearing your physical or electronic signature and sent to us by post, fax or email. For cases other than copyright infringement, amend the TDR wording according to your claim.
Take Down Request RE: Alleged Copyright Infringement
I hereby give you notice that the content described below and hosted within your services infringes the copyright work(s) also identified below.
(1) The copyrighted work claimed to have been infringed is: ……………….. [If you’re writing about multiple copyrighted works in a single TDR, please list each work].
(2) The material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled is: ……………….. and is located/hosted at: ………………… [Provide information reasonably sufficient to permit us to locate the material(s)].
(3) My contact details are:……………….. [Provide your postal address, telephone number, and email address at which you may be contacted].
(4) I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
(5) I swear, under penalty of perjury, that the information in this notification is accurate and that I am the copyright owner / I am authorized to act on behalf of the owner* of an exclusive right that is allegedly infringed. [* delete as appropriate]
If you are resident in North America or are writing about rights in North America, please send your TDR to Ring2 Communications LLC t/a LoopUp, FAO: General Counsel (TDR) either by post to 400 2nd Street, Suite 450, San Francisco, CA 94107, USA, by fax to +1 415-947-0461, or by email to email@example.com.
4.4In all other cases, please send your TDR to LoopUp Limited t/a LoopUp, FAO: General Counsel (TDR) either by post to 1st Floor, 78 Kingsland Road, London E2 8DP, UK, by fax to +44 (0)20 7033 2766, or by email to firstname.lastname@example.org.
5. Termination Right
5.1 If a person infringes this Policy, we reserve the right to terminate their account.