Read This Terms of Use Agreement Before Accessing Website.
Effective Date: This Terms of Use Agreement was last updated on March 16th, 2010.
This Terms of Use Agreement sets forth the standards of use of the Top Ten Top Ten Online Service. By using the toptentopten.com website you (the “Member”) agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted on toptentopten.com website. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.
- Description of Service
Top Ten Top Ten is providing Member with top ten list building, editing, and sharing tools. Member must provide (1) all equipment necessary for their own internet connection, including computer and modem and (2) provide for Member’s access to the internet, and (3) pay any fees relate with such connection.
- Disclaimer of Warranties.
The site is provided by Top Ten Top Ten on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, Top Ten Top Ten makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. Top Ten Top Ten shall have no liability for any interruptions in the use of this Website. Top Ten Top Ten disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above- referenced exclusion is inapplicable.
- Limitation of Liability
Top Ten Top Ten SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR TOP TEN TOP TEN SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEBSITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF TOP TEN TOP TEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.
- Member Content
Some areas of the Service allow Members to post content, comments, questions, and other information ("Member Content"). You are solely responsible for your Member Content that you upload, publish, display, link to or otherwise make available (hereinafter, "post") on the Service, and you agree that Top Ten Top Ten is only acting as a passive conduit for your online distribution and publication of your Member Content.
You agree not to post Member Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); or (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (viii) contains any information or content that you know is not correct and current. You agree that any Member Content that you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below), rights of publicity and privacy.
Top Ten Top Ten reserves the right, but is not obligated, to reject and/or remove any Member Content that Top Ten Top Ten believes, in its sole discretion, violates these provisions. You understand that publishing your Member Content on the Service is not a substitute for registering it with the U.S. Copyright Office, the Writer’s Guild of America, or any other rights organization.
For the purposes of this Agreement, "Intellectual Property Rights" means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
Top Ten Top Ten takes no responsibility and assumes no liability for any Member Content that you or any other Members or third parties post or send over the Service. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any Member Content that you send, upload, download, stream, post, transmit, display, or otherwise make available or access through your use of the Service, is solely your responsibility. Top Ten Top Ten is not responsible for any public display or misuse of your Member Content. You understand and acknowledge that you may be exposed to Member Content that is inaccurate, offensive, indecent, or objectionable, and you agree that Top Ten Top Ten shall not be liable for any damages you allege to incur as a result of such Member Content. Top Ten Top Ten may provide tools for you to remove some Member Content, but does not guarantee that all or any Member Content will be removable.
- Indemnification
Member agrees to indemnify and hold Top Ten Top Ten, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Member’s use of the Service, the violation of this Agreement, or infringement by Member, or other user of the Service using Member’s computer, of any intellectual property or any other right of any person or entity.
- Modifications and Interruption to Service
Top Ten Top Ten reserves the right to modify or discontinue the Service with or without notice to the Member. Top Ten Top Ten shall not be liable to Member or any third party should Top Ten Top Ten exercise its right to modify or discontinue the Service. Member acknowledges and accepts that TopTenTopTen, LLC does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
- Third-Party Sites
Top Ten Top Ten may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Members to review said privacy policies of third-parties’ sites.
- Disclaimer Regarding Accuracy of Vendor Information
Product specifications and other information have either been provided by the Vendors or collected from publicly available sources. While Top Ten Top Ten makes every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website.
Top Ten Top Ten makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.
- Compliance with Laws.
Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
- Copyright and Trademark Information
All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2010 toptentopten.com, with all rights reserved, or is the property of Top Ten Top Ten and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Top Ten Top Ten is strictly prohibited. Members agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of Top Ten Top Ten.
Top Ten Top Ten TM and TopTenTopTen.com TM are proprietary marks of TopTenTopTen.com. Top Ten Top Ten’s trademarks may not be used in connection with any product or service that is not provided by Top Ten Top Ten, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Top Ten Top Ten.
- Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Top Ten Top Ten.com designates the following individual as its agent for receipt of notifications of claimed copyright infringement.
By Mail:
- Botnets
Top Ten Top Ten retains the right, at our sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, Top Ten Top Ten reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.
- Other Terms
If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by Top Ten Top Ten, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Member. Member agrees that by accepting this Terms of Use Agreement, Member is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement.
