Top X Picks Terms Of Service Agreement
Last revised: December 28, 2011
TopXPicks.com ("topxpicks.com", "Top X Picks", or "we") is an online social networking website. The Website/Services offered by TopXPicks.com, and any other features, content, or applications offered by TopXPicks.com in association with the Website are collectively referred to herein as the "Services".
Acceptance Of Agreement
By using the TopXPicks.com website, you agree to comply with and be bound by this Terms of Service Agreement ("Agreement"), whether you are a "Visitor" (i.e. you are just browsing the Website) or a "Member" (i.e. you have registered with TopXPicks.com). The term "User" refers to a Visitor or Member. You are only authorized to use the Services if you agree to comply to this Agreement and all applicable laws. If you do not consent, you should leave the Website and discontinue any uses of the Services immediately.
This Agreement may be amended at any time by TopXPicks.com from time to time without specific notice to you. The Agreement comprising such amendment will become effective upon posting on the Website by TopXPicks.com. You are responsible for updating yourself on the latest changes made to this Agreement and agree to be bound to any such changes to the Agreement when you use the Services after they are posted. Please make sure to review this Agreement regularly prior to using the Services.
This Agreement constitutes the sole Agreement between you and TopXPicks.com.
Eligibility: Membership and/or use of Services is void where prohibited. Must be 13 years or older to register and become a Member. You may not transfer your membership account to any other person or entity.
Membership: By using the Services you signify and guarantee that (a) all submitted registration information is and will be maintained to be true and accurate; (b) you are 13 years or; and (c) your use of the Services is not violating any applicable law or regulation. TopXPicks.com reserves the right to cancel, remove, and delete any membership account, or block your use of the Services without warning or specific notice to you if it is determined by TopXPicks.com, at our sole discretion, that you are violating any rule or regulation.
Password & Account Security. You are fully responsible for protecting the confidentiality of your Membership Account password. You agree not to use another Member's account, username, or password at any time or disclose your password to any third party. You agree to notify TopXPicks.com immediately if you suspect any unauthorized use of your account or access to your password. If you do have these suspicions you should change your password immediately as well. You hold sole responsibility for any and all use of your account.
Term and Account Cancellation: This Agreement will remain in full force and effect while you use the Services and/or are a Member. You may cancel your Membership at any time and for any reason on your Member Edit Settings page. TopXPicks.com may cancel your Membership at any time, for any reason, with or without explanation or warning. Improper or offensive conduct towards other members, TopXPicks.com company, employees, customer service as determined by TopXPicks.com at our sole discretion, is considered your breach of Agreement as well. Even after your Membership is cancelled, this Agreement holds in effect.
Proprietary Rights: By publishing or displaying ("posting") Content (including but not limited to text, messages, images, videos, files, or any other materials), on or through the TopXPicks.com Services, you grant, and you represent and warrant that you have the right to grant, to TopXPicks.com a non-exclusive, royalty-free license to use, reuse, copy, modify, translate, reproduce, publicly display, distribute, transmit, store, publish and republish such Content, whether online or offline, in any media, for advertising or any other purpose whatsoever, and to incorporate into other works, without restriction, and to grant and authorize sublicenses. You represent and warrant to TopXPicks.com that you own the copyright to or have the license to use any Content you display and post on or through the Services, and that you are not violating any applicable laws. You may not copy, modify, translate, display, publish, transmit, distribute or sell any Content on or through the Services that has not been posted by you. You agree to be liable for and pay for all royalties, fees, and penalties for any Content posted by you on or through the Services.
Your Use of The Services:
(1) Your use of the Services will abide by any and all applicable laws and regulations.
(2)Please be careful in your choices of what information and content you post on TopXPicks.com and make available to other Users. You are solely responsible for the Content and information you post on the Services, or transmit to other Users. Any personal identifying information is prohibited from being posted on the Services, through use of text or pictures or video or any medium, including last names, telephone numbers, and street addresses. No objectionable subject matter may be posted on the Services, i.e. any content / photographs and/or videos that contain nudity, excessive violence, or are obscene, vulgar, sexually explicit, harassing, or offensive material, or infringes or violates another party's rights (including but not limited to intellectual property rights or privacy rights). Please by wary that irrespective of TopXPicks.com's regulations, other Members may post inaccurate, inappropriate, or objectionable information, material, products, or services. TopXPicks.com assumes no responsibility or liability for this material. Please report any improper use of the Services by contacting Top X Picks or clicking on the "Report" button on the TopXPicks.com webpages.
TopXPicks.com reserves the right, but we have no obligation, to reject and remove any Content that does not comply with the regulations and to cancel your Membership and access to all or any part of the Services for inappropriate use of the Services or improper conduct, at our sole discretion. TopXPicks.com assumes no responsibility for the Content, nor monitoring the Content for inappropriate material, although we reserve the right to monitor the Services and the Content, nor any obligation to modify or remove any inappropriate Content or any responsibility for User conduct.
(3) You agree and acknowledge that (a) TopXPicks.com is not responsible or liable for the deletion, corruption, or errors in storing any Content maintained or transmitted by the Services, (b) the Services, including but not limited to features or parameters, may change at any time without specific notice to you, and (c) we reserve the right to cancel, delete, or purge your account if it is inactive, as determined by TopXPicks.com at our sole discretion.
(4) By becoming a member, you automatically agree to accept and consent to receiving email communications initiated from or through TopXPicks.com, including but not limited to special promotions, events, and news. If you do not want to receive any of TopXPicks.com email communications, you should not register with TopXPicks.com for the Services.
(5) TopXPicks.com reserves the right to reject, disallow, or remove any posting / Content made by you, or restrict, suspend, or cancel your Membership and access to all or any part of the Services at any time, for any or no reason, with or without prior notice, and without liability, at our sole discretion.
(6) Partial list of actions illegal or prohibited by this Agreement:
(a) You may not impersonate anyone.
(b) No "stocking" or harassing anyone.
(c) No personal identifying information may be posted on the Services, through use of text or pictures or video or any medium, including last names, telephone numbers, and street addresses.
(d) No objectionable subject matter may be posted on the Services, i.e. any content / photographs and/or videos that contain nudity, excessive violence, or are obscene, vulgar, sexually explicit, harassing, or offensive material, or infringes or violates another party's rights (including but not limited to intellectual property rights or privacy rights).
(e) Don't post other people's materials without their consent, including their pictures or text, etc.
(f) Don't temper with Top X Picks copyright labels on the Services.
(g) No copying or "framing" or "mirroring" any part of the Services.
(h) You may not solicit personal identifying information from Users for commercial or unlawful purposes.
(i) No spamming, no chain letters.
(j) No solicitation for money
(i) You may not promote information that is knowingly false or misleading, or encourages unlawful conduct.
(k) No posting of commercial links, ads, or other forms of solicitation, except where specifically allowed.
(7) Services are for personal use by Members only; no commercial uses allowed unless specifically approved or endorsed by TopXPicks.com.
Indemnity: You agree to defend and hold harmless TopXPicks.com, and our affiliates / employees / directors / agents / third parties, from any loss or liability, including attorneys' fees, arising out of your use of the Services, including but not limited to (a) content you posted on or through the Services, (b) your activities in connection with the Services, or (c) your breach of this Agreement. Indemnity shall be applicable regardless of negligence of any party.
Online Content: Any Content, ideas / statements / advice / text / media, displayed through the Services, but not directly by TopXPicks.com, are those of their respective authors and is not necessarily reliable content. Use the Services at your own risk, and with caution. WE DO NOT GUARANTEE, NOR IS IT OUR RESPONSIBILITY, THAT ANY OF THE INFORMATION OR CONTENT ON THE SERVICES IS ACCURATE, USEFUL, TRUE, RELIABLE, OR COMPLETE. WE ARE NOT RESPONSIBLE UNDER ANY CIRCUMSTANCES FOR ANY LOSS OR DAMAGE RESULTING FROM USE OF THE SERVICES.
DISCLAIMER / WARRANTIES / LIABILITY:
YOU ARE SOLELY RESPONSIBLE FOR THE CONTENT YOU POST ON OR THROUGH THE SERVICES, THOUGH WE DO RESERVE THE RIGHT WITHOUT ANY OBLIGATION TO MONITOR / EDIT / REMOVE THE CONTENT AT OUR SOLE DISCRTION.
YOUR USE OF THE SERVICES, WHETHER AS A MEMEBER OR A VISITOR, IS AT YOUR OWN RISK. THE SERVICES IS PROVIDED "AS IS". WE DO NOT GRANT ANY WARRANTY WHATSOEVER. WE DO NOT GUARANTEE OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE SECURE AND UNINTERRUPTED, OR THAT THE SERVICES WILL BE ERROR-FREE, ALWAYS AVAILABLE, OR THAT THEY WILL MEET YOUR REQUIREMENTS, OR THAT ANY IMPERFECTIONS WITH THE SERVICES WILL BE CORRECTED.
Although each Member for TopXPicks.com Services must be at least 13 years, we cannot guarantee that each Member has followed the Agreement rules, nor do we accept responsibility or liability for any such uses or access of the Services.
In no event will we be liable to you for any damages, including any lost profits, lost savings, or other incidental, consequential or special damages arising out of the operation or inability to use the Services, even if TopXPicks.com or our representatives have been advised of the possibility of such damages. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed cancelled from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
Top X Picks does not conduct background checks or screen the Members registering to the Services. We are not liable for any damages, direct / indirect / incidental / or consequential arising out of use or access of the Services, including but not limited to communications with other Members through the Services or meeting with Members of the Services, including but not limited to physical damages, bodily injury and/or emotional distress.
Litigation: Any disputes arising from this contract will be litigated or arbitrated in San Mateo County, California. This Agreement shall be governed and construed in accordance with the laws of the State of California, USA.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.