1. The Service
Toppest.com®, this website and the contents and services provided
on this website (the "FTOL Services") constitute a service
of Finest Things Online LLC ("FTOL"), a Delaware company
(the
"Service"). The Service is accessible worldwide at no additional
charge to anyone with Internet access. Access to and use of the Service
is subject to these Terms of Use (the "Terms" or "this
Agreement") in effect from time to time and the laws and regulations
of the State of Delaware and the United States of America. FTOL reserves
the right to change the Terms at any time with or without prior notice.
BY USING THIS WEBSITE, YOU EXPRESSLY AGREE TO THE TERMS. In addition,
when using any of the FTOL Services, you are subject to any posted
guidelines or rules applicable to such services which may be modified
from time
to time. All such guidelines are deemed incorporated by reference into
the Terms.
2. Proprietary Materials
The materials used and displayed on the Service, including but not limited
to all text, software, photographs, graphics, illustrations, artwork,
video, music, sound, names, logos, trademarks, and service marks ("Proprietary
Materials") are, unless otherwise indicated, the property of FTOL
or its affiliates or licensors and are protected by copyright, trademark,
and other laws. Proprietary Materials are displayed solely for your
personal, non-commercial use. You agree not to modify, reproduce, retransmit,
distribute, disseminate, sell, publish, broadcast, or circulate any
such material without the express written permission of FTOL and the
appropriate affiliate.
You agree that you will not use any robot , spider, other
automatic device, or manual process to monitor or copy the Proprietary
Materials without our prior written consent and that you will not use
any device, software or routine to interfere or attempt to interfere
with the proper working of the Service. You further agree that you will
not take any action that imposes an unreasonable or disproportionately
large load on our infrastructure.
3. Trademark Notice
Toppest.com and it's logo are registered servicemarks of FTOL. All
other trademarks, servicemarks and logos used on the Service are
the trademarks,
servicemarks
or logos of their respective owners.
4. Acknowledgments
You are responsible for obtaining and maintaining all telephone, computer
hardware and other equipment needed to access and use the Service, and
all charges related thereto.
The Service contains links to other websites operated
by third parties ("Linked Sites"). FTOL and its sponsors neither
endorse nor are affiliated with the Linked Sites and are not responsible
or liable for any content, advertising, products, services or other
materials that appear on or are available on or through such Linked
Sites (the "Linked Content"). FTOL shall not be responsible
or liable, directly or indirectly, for any damage or loss caused or
alleged to be caused by or in connection with the use of or reliance
on any Linked Content.
5. Warranty and Limitation of Liability
The Service contains information, facts, and opinions from various
individuals and organizations.
YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE, THE MATERIAL
UPLOADED, POSTED OR TRANSMITTED ON OR THROUGH THE SERVICE, AND ANY PRODUCT
OR SERVICE AVAILABLE ON OR THROUGH THE TOPPEST.COM SITE ARE PROVIDED
ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES
OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR
A PARTICULAR PURPOSE (OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED
BY LAW AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER
THE LAWS APPLICABLE TO THESE TERMS). YOU FURTHER ACKNOWLEDGE AND AGREE
THAT ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY OF THE PRODUCTS
OR SERVICES DESCRIBED HEREIN IS PROVIDED SOLELY BY THE OWNER, ADVERTISER
OR MANUFACTURER OF THAT PRODUCT AND/OR SERVICE, AND NOT BY FTOL. FTOL
MAKES NO WARRANTY THAT THE SERVICE AND THE MATERIAL UPLOADED, POSTED
OR TRANSMITTED ON OR THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS,
OR THAT YOUR ACCESS TO AND USE OF ANY OF THE FOREGOING WILL BE UNINTERRUPTED,
TIMELY, ACCURATE, RELIABLE, ERROR-FREE, OR SECURE. YOU ASSUME TOTAL
RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICE.
YOU ACKNOWLEDGE AND AGREE THAT FTOL, ITS AFFILIATES, ITS
SPONSORS, ITS LICENSORS, AND ITS AND THEIR RESPECTIVE DIRECTORS, OFFICERS,
EMPLOYEES, AND AGENTS ARE NOT RESPONSIBLE OR LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR
OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS,
GOODWILL, OR DATA) UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY
OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THIS AGREEMENT,
THE SERVICE AND/OR ANY MATERIAL UPLOADED, POSTED, OR TRANSMITTED ON
OR THROUGH THE SERVICE. WITHOUT LIMITING THE FOREGOING, YOU SPECIFICALLY
ACKNOWLEDGE AND AGREE THAT FTOL IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE
OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES, AND THAT THE RISK
OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOUR SOLE REMEDY
FOR DISSATISFACTION WITH THE SERVICE AND/OR ANY CONTENT UPLOADED, POSTED
OR TRANSMITTED ON OR THROUGH THE SERVICE IS TO STOP USING THE SITE AND/OR
THOSE SERVICES.
The Service could include inaccuracies or errors, and
unauthorized additions, deletions and alterations could be made by third
parties to the Service. You understand that all material uploaded, posted
or transmitted on or through the Service, whether publicly or privately,
is the sole responsibility of the person uploading, posting or transmitting
it. In many instances, the material uploaded, posted or transmitted
on or through the Service represents the opinions and judgments of the
respective information provider. FTOL neither endorses nor is responsible
for the accuracy or reliability of any opinion, advice or statement
made on the Service by anyone other than authorized FTOL employee spokespersons
acting in their official capacities. It is your responsibility to evaluate
the accuracy, completeness or usefulness of such material.
6. Indemnification
You agree to indemnify, defend and hold harmless FTOL, its affiliates,
its sponsors, its licensors, and its and their respective directors,
officers, employees and agents from and against any and all claims,
actions, suits, proceedings, judgments, damages, losses, liabilities,
costs and expenses (including, without limitation, reasonable attorneys'
fees) arising directly or indirectly out of or in connection with (a)
your breach of these Terms (including, without limitation, your violation
of the Code of Conduct above), and/or (b) any material uploaded, posted
or transmitted by you on or through the Service.
7. Submissions
You acknowledge and agree that, by submitting material to FTOL, you
grant to FTOL a royalty-free, perpetual, irrevocable, non-exclusive,
worldwide right and license to link to, use, reproduce, transmit, modify,
adapt, publish, display, perform, distribute, translate, create derivative
works from, and sublicense such material (in whole or in part) and/or
to incorporate it in other works in any form, media or technology now
known or hereafter developed for the full term of any copyright that
may exist in such material. Further, by submitting material to FTOL,
you acknowledge and agree that you have the authority to grant such
rights to FTOL.
8. Use of a Secure Area and Password
Use of any password-protected area of the Service is restricted to the
individual who has been given permission and a password to enter such
area (the "Authorized Party"). The password cannot be distributed
to others, and the Authorized Party is responsible for any and all damages
to FTOL resulting from the distribution of his or her password. If more
than one individual wishes to use a single password belonging to an
Authorized Party, such Authorized Party must request permission from
FTOL in writing, it being understood that FTOL shall be under no obligation
to approve any such request.
9. Modifications
FTOL shall have the right at any time and for any reason, in its sole
discretion, to : (a) modify these Terms, (b) modify the Service (including,
without limitation, removing or discontinuing any material or service,
restricting the hours of availability, or limiting the amount of use
permitted) and/or (c) modify any fees or charges for use of the Service
(including, without limitation, instituting new or increased fees or
charges for the use of any service thereof). Such modifications shall
be deemed effective immediately upon notice, which may be given by means
including, but not limited to, posting on the Service or electronic
mail. Your use of the Service after such modifications shall be deemed
to constitute your acceptance of such modifications. You are expected
to review these Terms periodically to ensure familiarity with the most
current version.
10. Termination
FTOL shall have the right, at any time and for any reason, in its sole
discretion and with or without notice, to immediately terminate these
Terms and/or any individual's access to and use of the Service and/or
such user's password(s) or account(s), in whole or in part (including,
without limitation, in the event of any conduct by such user which FTOL
deems inappropriate or offensive, any breach of these Terms or any applicable
law).
11. Miscellaneous
These Terms will be governed by and construed in accordance with the
laws of the State of Delaware, U.S.A., without regard to its conflicts-of-law
principles. These Terms constitute the entire agreement between you
and FTOL, and any and all prior or contemporaneous written or oral terms
or agreements are expressly canceled. No waiver by FTOL of any breach
or default hereunder shall be deemed to be a waiver of any preceding
or subsequent breach or default. You may not assign, delegate or otherwise
transfer these Terms or any of your rights and obligations hereunder
without FTOL's prior written consent. If any provision in these Terms
is held to be unlawful, void or unenforceable, then such provision shall
be deemed severable from these Terms and shall not affect the validity
or enforceability of the remaining Terms. Any heading, caption, or paragraph
title contained in these Terms is inserted only as a matter of convenience
and in no way defines or explains any paragraph or provision hereof.
