Terms & Conditions – TopGoss

Terms & Conditions

TopGoss Group Terms of Use

The following Terms of Use cover all websites and associated content, including, without limitation: any and all mobile or desktop applications, apps, email, over-the-top-platforms, streaming services, software, social media accounts, RSS services, mobile services (as defined below) and other products, materials, or services made available on, from, or through websites of TopGoss, including without limitation, that of the related entity, (collectively, the “Websites”) and any subsidiary or affiliate owned or operated by TopGoss Group (collectively, “TopGoss”). Please carefully read these Terms of Use before accessing any of the Websites.

These Terms of Use, together with Top Goss’s Privacy Policy at https://topgoss.com/privacy-policy and TopGoss’s Copyright Policy at https://topgoss.com/copyright (collectively, with these Terms of Use, referred to herein as “Terms”), and any other legal notices published by TopGoss on the Websites, constitute the entire agreement between you and TopGoss.

By visiting any Website or downloading, installing, or using any TopGoss service, you signify your agreement to the conditions set forth in these Terms. If you do not agree to these Terms, including the TopGoss Privacy Policy and Copyright Policy, please do not use the Websites.

The Websites are controlled, operated, and administered by TopGoss from its offices within Australia. TopGoss makes no claim that the Websites are appropriate or available for use at other locations outside of Australia, and access to them from territories where such content is illegal is prohibited. If you access any Website from a location outside of Australia, you are responsible for compliance with all laws of that country.

These Terms apply to all users of the Websites, including those who contribute User Submissions (as defined below). These Terms apply to all content and works of authorship, visual interfaces, interactive features, information, graphics, design, compilations, photographs, computer codes, API’s, products, software, photographs, services, audio/visual elements, creations, motion pictures, musical compositions, sound recordings, proprietary materials, intellectual property, and all other elements of and materials incorporated in, appearing on, or published on the Websites, trademarks, trade secrets, patents, other intellectual property and/or proprietary material, and all rights therein, of any kind and nature, in any and all media now known or hereafter devised (collectively, “Material”).

Modification of Terms

TopGoss may, in its sole discretion, modify, supplement, or revise these Terms at any time. Unless a change is made for legal or administrative reasons, TopGoss will provide reasonable notice before the updated Terms become effective. You agree TopGoss may notify you of the updated Terms by posting them on the Websites, and that your use of the Websites after the effective date of the updated Terms (or engaging in such other conduct as TopGoss may reasonably specify) constitutes your agreement to the updated Terms. Therefore, you should review these Terms before using the Websites. The updated Terms will be effective as of the time of posting, or such later date as may be specified in the updated Terms, and will apply to your use of the Websites from that point forward.

The Websites are currently a free service; however, TopGoss reserves the right to, at any time, begin charging for use of any or all parts of the Websites. TopGoss also reserves the right to discontinue any part of the Websites at any time, as well as the right to reclaim user names that have become inactive or to reclaim them on behalf of businesses or individuals that hold legal claim or trademark on those user names.

User Age Requirements

To use the Websites, you must either be at least 18 years of age or the age of majority in your jurisdiction of residence (whichever is greater); or, if you are between the ages of 13 and the age of majority, you must have the consent of your parent or legal guardian to use the Websites. If you are under 13 years of age, please do not use the Websites.

TopGoss Accounts

You do not need an account to access some content on the Websites; however, in order to access some features and mature content on the Websites, you must create an account. Your use of third-party services is governed by the terms of use and privacy policies of those third parties.

You may never use another’s account without permission. When creating your account, you must provide accurate and complete information. You agree that you will not solicit, collect or use the login credentials of other TopGoss users. TopGoss prohibits the creation of, and you agree that you will not create, an account for anyone other than yourself. You also represent that all information you provide or provided to TopGoss upon registration and at all other times will be true, accurate, current, and complete. You agree to update your information as necessary to maintain its truth and accuracy.

You are solely responsible for the activity that occurs on your account, and must keep your account password secure and protected from unauthorized use. You must notify TopGoss immediately of any breach of security or unauthorized use of your account. Although TopGoss will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of TopGoss or others due to such unauthorized use.

TopGoss will not be responsible for any unauthorized access to, or alteration of, your transmissions of data or any material, information, or data sent to or received from your account, regardless of whether the data is actually received by TopGoss.

Mobile Services

TopGoss may offer services that are available via a mobile device or app, including the ability to: (1) upload User Submissions to the Websites via a mobile device; (2) browse the Websites from a mobile device; and (3) access certain features through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”).

To the extent you access the Websites through a mobile device, your wireless service carrier’s standard charges, data rates, and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier. Not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you understand that certain information about your usage of the Mobile Services may be communicated to TopGoss.

Proprietary Rights in the Websites

You acknowledge and agree that the Websites and all Material owned by TopGoss, other than User Submissions, constitute the proprietary and valuable property of TopGoss. All copyright, patents, trademark, trade secrets, or other intellectual property and/or proprietary rights (collectively, “IP Rights”) in the Website and Material constitutes the sole and exclusive property of TopGoss, or its licensees. Any use of the Websites, other than as specifically authorized herein, is strictly prohibited. Any rights not expressly granted herein are reserved by TopGoss.

Some characters, logos, or other images incorporated by TopGoss on the Websites are also protected as registered or unregistered trademarks, trade names and/or service marks owned by TopGoss (as applicable) or others (collectively, “Trademarks”). You agree not to use any TopGoss Trademarks without TopGoss’s written consent.

The trademarks, service marks, trade names, logos and other branding owned by third parties and used or displayed via the Websites (collectively, “Third Party Mark(s)”) may be trademarks of their respective owners who may or may not endorse or be affiliated with or connected to TopGoss. Except as expressly provided in these Terms, or in terms provided by the owner of a Third Party Mark, nothing in these Terms or on the Websites should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any TopGoss Trademarks or Third Party Marks that are used or displayed on the Websites, without the respective owner’s prior written permission, in each instance. All goodwill generated from the use of TopGoss Trademarks will inure to the exclusive benefit of TopGoss.

Your Use of Material

Your right to use TopGoss Websites, as well as any Material or other content appearing on it, is subject to your compliance with these Terms. All Material is provided to you as is. Modification or use of the Material or other content on TopGoss Websites for any purpose not permitted by these Terms may be a violation of the IP Rights therein and is prohibited.

You may access and display Material and all other content from the Websites for non-commercial, personal, entertainment use on a single computer or device only and may not otherwise copy, reproduce, republish, upload, post, transmit, distribute or use it in any way unless specifically authorized by TopGoss. If TopGoss does authorize you to copy any Material or any part of the Websites, that authorization is subject to your reproducing, keeping intact, and not altering, removing, modifying, or suppressing, all copyright and other proprietary notices. Using any Material on any other website or networked computer environment is prohibited. Decompiling, reverse engineering, disassembling, or otherwise reducing the code used in any software on TopGoss Websites into a readable form in order to examine the construction of such software and/or to copy or create other products based (in whole, or in part) on such software, is prohibited.

You understand that, when using the Websites, you will be exposed to Material from a variety of sources, and that TopGoss is not responsible for the accuracy, timeliness, usefulness, or intellectual property rights of or relating to such Material. You further understand and acknowledge that you may be exposed to Material that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you had, have, or may have against TopGoss with respect thereto.

Views Expressed Disclaimer

The Service may contain views and opinions which are those of the authors and do not necessarily reflect the official policy or position of any other author, agency, organization, employer or company, including the Company.

Comments published by users are their sole responsibility and the users will take full responsibility, liability and blame for any libel or litigation that results from something written in or as a direct result of something written in a comment. The Company is not liable for any comment published by users and reserve the right to delete any comment for any reason whatsoever.

Your User Submissions and Conduct

Your Submissions. You may submit picture or video content, including but not limited to, comments (“User Comments”) to TopGoss, via upload or submission functions on the Websites or third-party websites used by TopGoss, via Mobile Services. Posts, User Comments, and all Material and IP Rights therein are collectively referred to as “User Submissions.” You understand that whether or not such User Submissions are published, TopGoss do not guarantee, and disclaims, any confidentiality with respect to any User Submissions. You grant TopGoss the right to edit and/or modify any User Submissions. TopGoss reserves the right to not use the User Submissions at all and/or to use as much or as little of the User Submissions as deemed appropriate. Some of the Websites are supported by advertising revenue and may display advertisements and promotions, and you hereby agree that TopGoss may place any and all advertising and promotions on the Websites or on, about, around, incorporated into, or in conjunction with your User Submissions. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you. You must be 18 years old or the age of majority in your jurisdiction of residence (whichever is greater) to submit User Submissions. By posting, you agree you are of legal age.
Your Responsibility for User Submissions. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions and all Material used, contained, displayed, featured, incorporated, or appearing therein or related thereto, you affirm represent, and warrant that:
you own or have all the necessary licenses, rights, consents, and permissions, including without limitation, all IP Rights, to use and publish your User Submissions and to license your User Submissions to TopGoss;
you have secured all rights, licenses, and permissions to use and to license to TopGoss, any and all works Material owned by any third party, used or appearing in or in connection with your User Submissions;
you own or have all the necessary licenses, rights, consents, and permissions, including without limitation, all rights relating to the name, image, likeness, right of privacy, and right of publicity (whether common law or statutory) of any person appearing in any User Submission (collectively, “Personal Rights”), to use and publish your User Submissions and to license your User Submissions to TopGoss — and further that any such person is at least 18 years old or the age of majority in the jurisdiction in which that person resides (whichever is greater) or, if that person is younger than the greater of 18 years or the age of majority, you have received such permission from that person’s parent or legal guardian; and
your User Submission does not infringe and will not infringe on the copyright, trademark, trade secret, rights of privacy or publicity, or other intellectual property or personal rights of any person or entity.
In addition, you may not submit any video that is unlawful, harmful, abusive, or harassing, constitutes inherently dangerous activities, or threatens your safety or the safety of any other person. Further, you authorize and license to TopGoss to use all IP Rights and all Personal Rights in and to any and all User Submissions to enable publication and use of the User Submissions in the manner contemplated by the Websites and these Terms.

Your License to TopGoss. For clarity, you retain all of your ownership or licensed rights in your User Submissions. However, by submitting User Submissions to TopGoss, without any payment, compensation, or consideration due, payable, or accruing to you at any time, you hereby agree as follows:
you grant to TopGoss and its parents, subsidiaries, affiliated entities, licensees, designees, assigns, and successors, a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sub-licensable, and transferable license to use, reproduce, copy, transmit, distribute, prepare derivative works of, cache, store, sublicense to third parties, display, edit, telecast, rerun, syndicate, print, perform, and otherwise exploit the User Submissions, in any media formats now known or hereafter devised and through any media channels, in connection with: the Websites; any products or services offered by TopGoss, or its licensees; any commercial or non-commercial purposes; and in any other manner relating to TopGoss’s businesses, including without limitation, for advertising, marketing, promoting, and of redistribution all or a portion thereof; you grant each user of the Websites a non-exclusive license to access your User Submissions through the Websites, and to use, copy, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Websites and under these Terms;
you waive any claims you may have based on any usage of User Submissions or the works derived therefrom including but not limited to claims for infringement, invasion, misappropriation, or violation of IP Rights or Personal Rights;
you grant TopGoss, and its parents, subsidiaries, affiliated entities, licensees, designees, assigns, and successors, a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sub-licensable, and transferable license the right to use the name that you submit in connection with such User Submissions if they choose. You understand and agree, however, that TopGoss may retain, but not display, distribute, or perform, server copies of your User Submissions that have been removed or deleted.
The above licenses granted by you terminate within a reasonable time after your User Submissions is removed or deleted from the Websites, if so removed or deleted.

User Submission Content Restrictions. You agree not to post, email, or otherwise make available any User Submissions that:
are unlawful, harmful, obscene, threatening, abusive, harassing, defamatory, libelous, invasive of another’s privacy, or is harmful to minors in any way;
harass, degrade, intimidate or are hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
impersonate any person or entity, including, but not limited to, a TopGoss employee, or falsely state or otherwise misrepresent your affiliation with a person or entity;
include personal or identifying information about another person without that person’s explicit consent;
are false, deceptive, misleading, deceitful, or misinformative;
infringe on or violate any IP Rights, Personal Rights, or other proprietary rights of any party;
you do not have a right to make available under any law, or under contractual or fiduciary relationships;
constitute or contain any form of advertising or solicitation, “affiliate marketing,” “link referral code,” “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or unsolicited commercial advertisement;
contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the Websites or any computer software, hardware or telecommunications equipment;
disrupt the normal flow of dialogue with an excessive amount of User Submissions (flooding attack) to the Websites, or that otherwise negatively affects other users’ ability to use the Websites;
employ misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of User Submissions transmitted through the Websites; or
violate any applicable civil or criminal laws or regulations, or promote any illegal activity.
No Violation of Third Party Rights. In connection with User Submissions, you further agree you will not submit any User Submission that is subject to a third party’s copyright, protected by third party’s trade secret or otherwise subject to third party proprietary rights, including IP Rights and Personal Rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant TopGoss, all of the licenses granted herein.

TopGoss’s Data Practices.

You acknowledge that TopGoss may establish general practices and limits concerning use of the Websites, including without limitation the maximum period of time that User Submissions or other data or materials will be retained by the Websites and the maximum storage space that will be allotted on TopGoss’s servers on your behalf. You agree TopGoss have no responsibility or liability for the deletion or failure to store any User Submissions or other data or materials maintained or transmitted by the Websites. TopGoss reserve the right to delete any User Submissions for any reason, without prior notice, including, without limitation, to provide additional capacity on the Websites. Deleted User Submissions may be stored by TopGoss in order to comply with certain legal obligations and are not retrievable without a valid court order. Consequently, TopGoss encourages you to maintain your own backup of your User Submissions. You also acknowledge TopGoss reserves the right to terminate accounts that are inactive for an extended period of time.

TopGoss’s Modification of Removal of User Submissions.

TopGoss does not control User Submissions posted by users or otherwise made available by other persons and does not have any obligation to monitor such User Submissions. If at any time, TopGoss chooses, in its sole discretion, to monitor the User Submissions, TopGoss nonetheless assume no responsibility for the User Submissions, no obligation to modify or remove any inappropriate User Submissions, and no responsibility for the conduct of the user submitting any such User Submissions. TopGoss do not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and TopGoss, expressly disclaims any and all liability in connection with User Submissions. TopGoss does not permit copyright-infringing activities on its Websites, and TopGoss will remove all Content and User Submissions if properly notified that such User Submission infringes on another’s copyright pursuant to TopGoss’s Copyright Policy (see the Copyright Policy in the link above). TopGoss each reserve the right to remove User Submissions without notice.
No Alteration of Website. You agree not to alter or modify any part of the Websites or to obtain or attempt to access or otherwise obtain any materials or information through hacking, password mining or any other means not intentionally made available or provided through the Websites. You must not interfere or disrupt the Websites, servers, or networks connected to the Websites, including by transmitting any worms, viruses, spyware, malware or any other code of a disruptive nature. You may not inject content, code or otherwise alter or interfere with the way in which any TopGoss page is rendered or displayed in a user’s browser or device. You agree not to use or launch any automated system — including, without limitation: “robots,” “spiders,” or “offline readers” — that accesses the Websites in a manner that sends more request messages to the TopGoss servers in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser. You agree not to collect or harvest any personally identifiable information, including account names, from the Websites, nor to use any communication systems provided by the Websites (e.g., comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Websites with respect to their User Submissions. In your use of the Websites, you will comply with all applicable laws, statutes and regulations.
Your Feedback. If you provide feedback, questions, comments, suggestions, ideas, or other information to us regarding the Websites, Content, or User Submissions (collectively, “Feedback”), you acknowledge that the Feedback is non-confidential and authorize use of that Feedback without restriction and without acknowledgment, payment or other compensation to you. Accordingly, you hereby grant to us perpetual and irrevocable license to use the Feedback for any purpose, commercial or otherwise.

Copyright Policy

If you believe that any Material made available on any of the Website is in violation of your copyright, please see TopGoss’s Copyright Policy at https://TopGoss.com/copyright for instructions on how to proceed. Applicable portions of the Copyright Policy are provided pursuant to the Digital Millennium Copyright Act (the “DMCA”).

External Link Disclaimer

TopGoss Websites contain links to external, third-party web sites along with relevant commentary to provide our visitors with an up-to-date digest of current news stories. Some of these sites may not be affiliated with TopGoss.

By providing links to other sites, TopGoss does not guarantee, approve or endorse the information or products available at these sites, nor does a link indicate any association with or endorsement by the linked site to the TopGoss Website in question.

TopGoss does not operate, control, or claim responsibility for the information, content, products and/or services found on any external sites. Nor does it represent or endorse the accuracy or reliability of any information, products and/or services provided on or through any external sites, including, without limitation, warranties of any kind, either express or implied, warranties of title or non-infringement or implied warranties of merchantability or fitness for a particular purpose. No authorization or permission is given for framing or linking to any pages of a Website or any of its User Submissions, whether in whole or in part.

Visiting any external site is done at your own risk. TopGoss encourages users to be aware when they leave our site and to read the terms of use and privacy statements of such external websites. Visitors should direct any concerns regarding any external link to its site administrator or webmaster.

Cookies Policy

This Cookies Policy explains what Cookies are and how We use them. You should read this policy so You can understand what type of cookies We use, or the information We collect using Cookies and how that information is used. Our Cookies Policy is maintained by the Cookies Policy Generator.

Cookies do not typically contain any information that personally identifies a user, but personal information that we store about You may be linked to the information stored in and obtained from Cookies. For further information on how We use, store and keep your personal data secure, see our Privacy Policy.

We do not store sensitive personal information, such as mailing addresses, account passwords, etc. in the Cookies We use.

The use of the Cookies

Type of Cookies We Use
Cookies can be “Persistent” or “Session” Cookies. Persistent Cookies remain on your personal computer or mobile device when You go offline, while Session Cookies are deleted as soon as You close your web browser.

We use both session and persistent Cookies for the purposes set out below:

Necessary / Essential Cookies

Type: Session Cookies

Administered by: Us

Purpose: These Cookies are essential to provide You with services available through the Website and to enable You to use some of its features. They help to authenticate users and prevent fraudulent use of user accounts. Without these Cookies, the services that You have asked for cannot be provided, and We only use these Cookies to provide You with those services.

Functionality Cookies

Type: Persistent Cookies

Administered by: Us

Purpose: These Cookies allow us to remember choices You make when You use the Website, such as remembering your login details or language preference. The purpose of these Cookies is to provide You with a more personal experience and to avoid You having to re-enter your preferences every time You use the Website.

Your Choices Regarding Cookies
If You prefer to avoid the use of Cookies on the Website, first You must disable the use of Cookies in your browser and then delete the Cookies saved in your browser associated with this website. You may use this option for preventing the use of Cookies at any time.

If You do not accept Our Cookies, You may experience some inconvenience in your use of the Website and some features may not function properly.

If You’d like to delete Cookies or instruct your web browser to delete or refuse Cookies, please visit the help pages of your web browser.

For the Chrome web browser, please visit this page from Google: https://support.google.com/accounts/answer/32050
For the Internet Explorer web browser, please visit this page from Microsoft: http://support.microsoft.com/kb/278835
For the Firefox web browser, please visit this page from Mozilla: https://support.mozilla.org/en-US/kb/delete-cookies-remove-info-websites-stored
For the Safari web browser, please visit this page from Apple: https://support.apple.com/guide/safari/manage-cookies-and-website-data-sfri11471/mac
For any other web browser, please visit your web browser’s official web pages.

More Information about Cookies
You can learn more about Cookies at the following third-party websites:

Network Advertising Initiative: http://www.networkadvertising.org/

Comments and Discussion Groups

In order to make the Comments and Discussion sections of the Websites interesting and informative for TopGoss’s Website users, in addition to the other requirements provided in these Terms, the following guidelines must be adhered to by all users posting and/or viewing comments or discussions:

If a comment is made using your identity or account, it will be deemed to have been posted by you.
Do not post abusive, obscene, threatening, harassing, defamatory, libelous, offensive or sexually explicit material.
Do not intentionally make false or misleading statements.
Do not offer to sell or buy any product or service.
Do not post material that infringes IP Rights or Personal Rights.
Do not post information that you know to be confidential or sensitive or otherwise in breach of the law.
Do not question why a previous comment was removed.
Keep all comments relevant and ‘on topic’ to the particular TopGoss Website posting open for comments.
TopGoss will not and does not accept responsibility for information posted in the Comments.

If TopGoss receives notice that any posting is not in keeping with these Terms or the intended use of the Comments, TopGoss may remove that post and/or any other related posts.

Termination Policy

You may delete or suspend your account with any Website at any time. When suspended, your profile will be invisible until you reactivate your account. If you choose to delete your account, all of your information will be removed from the Websites and our servers. If your profile is suspended or terminated, TopGoss will retain the right to delete or to continue to use and not delete, in its sole discretion, your User Submissions on the Websites and our servers.

TopGoss may terminate a user’s account or access to the Websites if, under appropriate circumstances, TopGoss determines you have violated any of these Terms. If TopGoss terminates your access to the Websites or you delete your account, your User Submissions, comments and all other data will no longer be accessible through your account (e.g., users will not be able to navigate to your username and view your photos), but those materials and data may persist and appear within the Websites. Upon termination, all licenses and other rights granted to you in these Terms will immediately cease.

TopGoss reserves the right to decide whether User Submissions violate these Terms for reasons other than copyright infringement, such as, but not limited to violations of law, or under contractual or fiduciary relationships, fraud, pornography, obscenity, or illegality. TopGoss may at any time, without prior notice and in its sole discretion, remove such User Submissions and/or deactivate or delete a user’s account for submitting such material in violation of these Terms may and/or ban any further access to such files or the Websites. TopGoss may also at its sole discretion limit access to the Websites and/or terminate the accounts of any users who infringe any IP Rights or Personal Rights of others, whether or not there is any repeat infringement. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Websites, may also be referred to appropriate law enforcement authorities.

In accordance with the DMCA and other applicable laws, TopGoss has adopted a policy of terminating, in appropriate circumstances and at TopGoss’s sole discretion, users who are deemed to be repeat infringers.

Disclaimer of Warranties

YOUR USE OF THE WEBSITES IS AT YOUR OWN RISK. THE WEBSITES AND ALL THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES AND OTHER CONTENT MADE AVAILABLE ON OR THROUGH THE WEBSITES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, TOPGOSS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITES AND YOUR USE THEREOF INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS. TOPGOSS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITES WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TOPGOSS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE WEBSITES OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT MADE AVAILABLE ON OR THROUGH THE WEBSITES OR ANY SITES LINKED TO THE WEBSITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. TOPGOSS MAKES NO WARRANTIES THAT YOUR USE OF THE WEBSITES OR THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT MADE AVAILABLE ON OR THROUGH THE WEBSITES WILL NOT INFRINGE THE RIGHTS OF OTHERS. TOPGOSS ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT OF TOPGOSS. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW. TOPGOSS ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY: (a) ERRORS, MISTAKES, OR INACCURACIES OF USER SUBMISSIONS; (b) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITES; (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (d) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITES; (e) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITES BY ANY THIRD PARTY; (f) ANY ERRORS OR OMISSIONS IN ANY USER SUBMISSIONS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY USER SUBMISSIONS POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITES; AND/OR (g) ANY DAMAGE TO ANY USER’S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION.

Limitation of Liability

IN NO EVENT SHALL TOPGOSS, ITS PARENTS, SUBSIDIARIES, AFFILIATED ENTITIES, OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, OR AGENTS, BE LIABLE FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR OTHERWISE) RESULTING FROM ANY USE OF, OR INABILITY TO USE, THE WEBSITES OR THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON THE WEBSITES, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED (I.E., WARRANTY, CONTRACT, OR TORT), AND EVEN IF TOPGOSS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITATION, YOU (AND NOT TOPGOSS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE ARISING. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

YOU, SPECIFICALLY, ACKNOWLEDGE THAT TOPGOSS SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF TOPGOSS’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEBSITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY TOPGOSS, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY TOPGOSS.

Comments, Discussion, Forums

THE MATERIALS, INFORMATION AND OPINIONS INCLUDED AND/OR EXPRESSED IN OR ON BULLETIN BOARDS, CHAT ROOMS, COMMUNITY PAGES OR OTHER FORUMS ON TOPGOSS WEBSITES (“FORUMS”) ARE NOT NECESSARILY THOSE OF TOPGOSS OR ITS AFFILIATED OR RELATED ENTITIES OR CONTENT PROVIDERS. TOPGOSS DOES NOT UNDERTAKE TO MONITOR OR REVIEW FORUMS, AND THE CONTENT OF FORUMS IS NOT THE RESPONSIBILITY OF TOPGOSS. TOPGOSS MAY REMOVE OR MODIFY ANY CONTENT WITHOUT NOTICE OR LIABILITY AT ANY TIME IN ITS SOLE DISCRETION. ANY USE OF THE FORUMS WILL BE AT YOUR OWN RISK AND WILL BE SUBJECT TO THE DISCLAIMERS AND LIMITATIONS ON LIABILITY SET OUT ABOVE.

Indemnification

You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of any and all Websites, services and their content remains with you. You agree to defend, indemnify, and hold TopGoss, its officers, directors, members, employees, affiliates, and agents, harmless from and against any claims, liabilities, damages losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with: (a) your access to or use of the Websites, User Submissions, Material, Forums or Content; (b) your User Submissions; (c) your violation of these Terms or any laws; (d) your violation of any third party right, including without limitation any IP rights or Personal Rights; or (e) any claim that your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Rules and your use of the Websites.

Jurisdiction, Venue, and Severability

You agree that the Websites shall be deemed solely based in Texas, the Websites shall be deemed passive, and that does not give rise to personal jurisdiction over TopGoss, either specific or general, in jurisdictions other than Texas. These Terms will be governed by the internal substantive laws of the State of Texas, without respect to any conflict of laws principles. Any and all disputes, claims and causes of action arising out of or connected with these Terms or the Websites will be resolved individually, without resort to any form of class action, and exclusively by a court of competent jurisdiction located in Travis County, Texas, and the parties hereby consent to such venue and to the jurisdiction of such courts over such proceeding and themselves.

If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of these Terms, which will remain in full force and effect. No waiver of any term of these Terms will be deemed a further or continuing waiver of such term or any other term, and TopGoss’s failure to assert any right or provision under these Terms will not constitute a waiver of such right or provision. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by TopGoss without restriction.

Limitations Period

YOU AND TOPGOSS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Last Updated: 13 March, 2021



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