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Terms Of UseDescription of ServiceTopRankd is a collaborative website that allows its users to rank their top choices in entertainment, media, and pop culture, interact with one another, and learn more about what the community thinks should be TopRankd.AcceptanceThis Terms of Use Agreement ("Agreement") lays out the legally binding terms and conditions for acceptable use of the TopRankd "site" (www.TopRankd.com). When accessing the site, regardless of whether or not you register, you ("user") agree to be bound by this Agreement. Please read this Agreement in its entirety as continued use of the site indicates your acceptance of this Agreement and all revisions thereof.DisclaimerTOPRANKD IS A COLLABORATIVE WEBSITE PROVIDED "AS-IS," "AS AVAILABLE". THE RANKINGS ON THE SITE REFLECT THE OPINIONS OF OUR USERS. WE MAKE NO REPRESENTATIONS OR GUARANTEES THAT THIS INFORMATION IS ACCURATE, COMPLETE, TIMELY, RELIABLE, OR LEGAL. THE SITE MAKES ITS BEST EFFORT TO MONITOR ITS CONTENT. USE OF THIS SITE AND ITS CONTENT IS AT YOUR OWN RISK. ANY MATERIALS DOWNLOADED OR OTHERWISE OBTAINED FROM THE SITE ARE DONE SO AT YOUR OWN RISK AND YOU ARE RESPONSIBLE FOR ANY DAMAGE THIS MATERIAL MAY DO TO YOUR NETWORK OR COMPUTER OR ITS CONTENTS. TOPRANKD IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ITS USERS. THE SITE MAY ON OCCASION BE UNAVAILABLE FOR UPGRADES, MAINTENANCE, OR OTHER REASONS.EligibilityUse of this site is intended for people of at least 13 years of age. TopRankd will never knowingly solicit nor will it accept personally identifiable information from users known to be under the age of 13. By using the TopRankd site, you represent and warrant that you are of eligible age.Registration ObligationsIndividuals have the ability to register with the site to create a user profile and access advanced features. By registering, the user acknowledges they are of eligible age and agree to follow the Terms of Use Agreement. When registering, user is required to submit a valid email address that they own. Registrant agrees to provide accurate, current information and maintain the accuracy and currency of this information. User may not register individuals other than himself or attempt to impersonate others. You shall not allow others to use your account as you are solely responsible for all content posted, messages sent, and interactions occurred through your account. Usernames and passwords are confidential and should be safeguarded by the user. Users are expected to choose appropriate usernames. TopRankd retains the right to terminate user accounts at anytime, for any reason.TopRankd Privacy PolicyUser privacy is very important to TopRankd. We will never employ pop-up ads, spy-ware, or ad-ware. For details regarding the information we collect and how it is used, please view our Privacy Policy.Use of the SiteAccess to TopRankd is free to individual users and available for their non-commercial use. This site may not be used in conjunction with any commercial activities unless previously approved by TopRankd management. Users may view content, submit rankings, and share rankings with their friends and other users. Users may invite others to register with the site to create a user profile.User ConductTopRankd is not responsible for nor will it intervene in user disputes. Users who interact with one another are expected to act in a friendly and congenial matter. If problems occur, TopRankd retains the right to terminate user accounts at anytime, for any reason.Users agree not to: - Violate any federal, state, or local laws, statutes, ordinances, or regulations in conjunction with their use of the site. - Act inappropriately toward other users. This includes, but is not limited to stalking, harassment, ridicule, threats, and intimidation. - Send 'spam' or any type of commercial communication to users without their prior consent. - Transmit viruses, worms, or other items that may harm the site or its users. - Access other users' accounts, misrepresent themselves, or impersonate other users or businesses. - Create user accounts using an automated means. - Access or attempt to access non-public portions of the site without the consent of TopRankd management. - Reverse engineer or modify any aspect of the site. - Incorporate advertisements or commercial links in their personal profiles. Any such material will be removed and may lead to account termination. - Harvest, collect, or accumulate user contact information from the site for the purpose of sending unsolicited communications. - Use computer code, auto-scripts, robots, spiders, files or other devices to collect information from the site. - Act in any way to intentionally interrupt, damage, impair, disable, or overburden the site or its hardware, software, or network equipment. - Frame this site for use on a different site. TopRankd views these and all violations of its Terms of Use Agreement as very serious matters and will take appropriate legal recourse against those who violate them. TerminationAt any time if we determine you have violated this Agreement or for any other reason, TopRankd can terminate your account. Upon termination, this Agreement remains in full effect regarding our site. If your account is terminated, your user profile is removed. The site administrator determines whether any rankings that you have contributed will remain on the site.Proprietary RightsContent on this site can be in many forms, including but not limited to text, images, and rankings. Anyone who contributes content on this site affirms ownership right to post such content. By posting the content on this site, you grant on behalf of yourself or warrant on behalf of its owner a worldwide, royalty-free, irrevocable, fully sub-licensable, perpetual license to TopRankd that is non-exclusive in its right to use, modify, adapt, translate, publish, and create derivative works from such content. You grant TopRankd the right to distribute, publicly display, delete, reproduce, perform, and transmit such content (in whole or in part). These rights allow TopRankd to use such content in other works in any form, media, or technology now known or hereafter developed.TopRankd uses proprietary logos, trademarks, service marks, and trade dress on the site. These may not be displayed, used, manipulated, copied, imitated, or transmitted, in whole or in part, without the written consent of TopRankd. MerchantsTopRankd provides information about businesses on the site. TopRankd does not provide any warranties or representations of these businesses. Users are welcome to contact the business. Businesses are not allowed to contact users of the site. If users indicate that they would like to receive information from a particular business, TopRankd will contact that user on behalf of the business. TopRankd is not liable for any transactions that may occur between the two parties.LinksTo provide users access to additional product information, TopRankd displays links to other sites. We do not endorse or approve these sites or their products. We do not make any warrant or guarantee of the products, services, advertisements, or information on these sites. If users leave TopRankd to access these sites, they do so at their own risk.Limitation of LiabilityYOU UNDERSTAND AND AGREE THAT TOPRANKD, ITS EMPLOYEES, PARTNERS, AND AFFILIATES ARE NOT TO LIABLE UNDER ANY CONTRACT, TORT, WARRANTY OR AND OTHER THEORY OF LAW FOR ANY EXEMPLARY, SPECIAL, INCIDENTAL, CONSEQUENTIAL, DIRECT, OR INDIRECT DAMAGES INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS YOU MAY INCUR FROM YOUR USE OR INABILITY TO USE OUR SITE EVEN IF TOPRANKD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. DEPENDING UPON YOUR LOCATION, SOME OF THIS LIMITATION OF LIABILITY MAY NOT PERTAIN TO YOU. TOPRANKD'S LIABILITY TO YOU IS LIMITED TO THE AMOUNT, IF ANY, PAID BY YOU TO TOPRANKD.IndemnityYou agree to indemnify and hold harmless TopRankd, its subsidiaries, affiliates, partners, officers, directors, employees, attorneys, consultants, and accountants from any third parties claims, losses, or liabilities, including reasonable legal and accounting fees, arising from your, or any third party using your account, use of our site, service, posting or transmitting of content, or your violation of this Agreement.Modifications to the Agreement or the ServiceYou understand that at any time TopRankd has the right, without prior notice, to make changes to its service and this Agreement. You agree that TopRankd is not liable to you for any impact of these changes or termination of service. Any changes to this Agreement will be in effect immediately its reposting on the site.NoticesNotices will be posted on the site. You agree to check the site for notices and agree that notices are received when made available to you by such posting. If you are a registered user, TopRankd, may, at its discretion, send the notice to you via email.ViolationsYou agree to report any violations to this Terms of Use Agreement to us at tou@TopRankd.com.Governing Law and VenueYou agree that any disputes between yourself and TopRankd shall be governed by the laws of the State of Illinois. You agree to jurisdiction of the courts in Cook County, Illinois.General ProvisionsThis Agreement contains your entire agreement with TopRankd and governs your use of the TopRankd site and/or service and supersedes any prior agreement with respect to our site and/or service. It does not create any partnership or employment relationship. The failure by TopRankd to execute or enforce any provision or right set forth in this Agreement shall not constitute a waiver to do so in the future. If any provision in this Agreement is found to be invalid by a court of law, that provision shall be given effect to the greatest extent possible and the remaining provisions in the Agreement shall remain in full force and effect. You may not transfer or assign this agreement to anyone else. Any claim you may have against TopRankd must by submitted within one year of its occurrence or the cause of action is barred. Section titles used in this document are used merely for convenience and thus have no legal or contractual effect.If you have any questions pertaining to this Agreement, please contact us at tou@TopRankd.com. I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED HEREIN |
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