Terms Of Use

Final up to date:24 Might 2020PLEASE READ THE FOLLOWING CAREFULLY BEFORE ACCESSING AND/OR USING ANY PART OF THE SITE.Welcome to www.toptenow.com (along with its subdomains, Content material and Marks, the “Web site”).Please learn the next Phrases of Use rigorously earlier than utilizing this Web site so that you’re conscious of your authorized rights and obligations.

By accessing or utilizing the Web site, you expressly acknowledge and agree that you’re getting into a binding authorized settlement with us and have understood and comply with adjust to, and be legally sure by, these Phrases of Use, along with the Privateness Coverage that may be accessed by clicking right here https://www.toptenow.com/privacy-policy-2/ (the ‘Phrases’).

You hereby waive any relevant rights to require an authentic (non-electronic) signature or supply or retention of non-electronic data, to the extent not prohibited below relevant regulation. If you don’t comply with be sure by these Phrases please don’t entry or use the Web site.

1. Modification.

We reserve the best, at our discretion, to vary these Phrases at any time. Such change shall be efficient ten (10) days following posting of the revised Phrases on the Web site, and your continued use of the Web site thereafter implies that you settle for these adjustments.

2. Means to Settle for Phrases.

The Web site is simply meant for people aged sixteen (13) years or older. If you’re below 13 years please don’t go to or use the Web site.

3. Web site Entry.

Throughout the interval by which these Phrases are in impact, we hereby grant you permission to go to and use the Web site, supplied that you just adjust to these Phrases and relevant regulation.

4. Restrictions.

You shall not: (i) copy, distribute show, mirror, body or modify any a part of the Web site, Content material or Marks (as described under) with out our prior written authorization; (ii) use, modify, create spinoff works of, switch (by sale, resale, license, sublicense, obtain or in any other case), reproduce, distribute, show or disclose Content material (outlined under), besides as expressly licensed herein; (iii) disrupt servers or networks related to the Web site; (iv) use or launch any automated system (together with with out limitation, “robots” and “spiders”) to entry the Web site; and/or (v) circumvent, disable or in any other case intervene with security-related options of the Web site or options that forestall or prohibit use or copying of any Content material or that implement limitations on use of the Web site.

5. Mental Property Rights.

5.1. Content material and Marks.

The (i) content material on the Web site, together with with out limitation, the textual content, paperwork, articles, brochures, descriptions, merchandise, software program, graphics, pictures, sounds, movies person interfaces, visible interfaces, pictures, logos, logos, sounds, music, paintings, laptop code, interactive options, and companies (collectively, the “Supplies”) together with however not restricted to the design, construction, choice, coordination, expression, “feel and appear” and association of such Supplies; (ii) and Person Submissions, as outlined under (along with the Supplies, the “Content material”); and (iii) the logos, service marks and logos contained therein (“Marks”), are owned, managed or licensed by or to NI and are protected by relevant copyright or different mental property legal guidelines and treaties. The Web site, the Web site brand, and different marks are Marks of NI or its associates. All different logos, service marks, and logos used on the Web site are the logos, service marks, or logos of their respective house owners. We reserve all rights not expressly granted in and to the Web site and the Content material.

5.2. Use of Content material. Content material on the Web site is supplied to you on your data and private use solely and might not be used, modified, copied, distributed, transmitted, broadcast, displayed, bought, licensed, de-compiled, reverse engineered, or in any other case exploited for some other functions in anyway(together with, with out limitation, to create spinoff works) with out our prior written consent. Should you obtain or print a duplicate of the Content material you need to retain all copyright and different proprietary notices contained therein.

6. Third-Social gathering Sources and Content material.

6.1. The Web site lets you view, entry, hyperlink to, and use content material from Third Social gathering Sources (outlined under) that aren’t owned or managed by us (‘Third Social gathering Content material’).

The Web site may allow you to speak and work together with Third Social gathering Sources.’Third Social gathering Supply(s)’ means: (i) third occasion web sites and companies; and (ii) our companions and clients.

6.2. We have now no management over any Third Social gathering Sources.

We don’t assume any accountability for the content material, phrases of use, privateness insurance policies, actions or practices of, any Third Social gathering Sources. Please learn the phrases of use and privateness coverage of any Third Social gathering Supply that you just work together with earlier than you interact in any such exercise.

6.3. We aren’t accountable for, and we expressly disclaim all warranties concerning, the accuracy, appropriateness, usefulness, security, or Mental Property Rights (outlined under) of, or regarding, any Third Social gathering Content material.

6.4. Through the use of the Web site chances are you’ll be uncovered to Third Social gathering Content material that’s inaccurate, offensive, indecent, or objectionable.

You all the time have the selection of deciding whether or not or to not work together with a Third Social gathering Supply or to view and use Third Social gathering Content material. Your interplay with a Third Social gathering Supply and your use of, and reliance upon, any Third Social gathering Content material is at your sole discretion and danger.

6.5. You might be solely accountable and liable on your interplay with a Third Social gathering Supply.

You comply with waive, and hereby do waive, any authorized or equitable rights or treatments you will have towards NI, and launch NI from any and all legal responsibility, arising out of your use of and interplay on any Third Social gathering Content material and out of your interplay with any Third Social gathering Supply. When you’ve got any queries or complaints concerning a Third Social gathering Supply or any Third Social gathering Content material, you comply with contact the Third Social gathering Supply immediately.

7. Person Submissions.

7.1. Duty.

The Web site might allow the submission, internet hosting, sharing and publishing of Content material by you and different customers (‘Person Submissions’). You perceive that whether or not or not such Person Submissions are printed, we don’t assure any confidentiality with respect to any Person Submissions. You shall be solely accountable for your Person Submissions and the implications of posting, publishing or importing them. We have now full discretion whether or not to publish your Person Submissions and we reserve the best in our sole discretion and with out additional discover to you, to observe, censor, edit, take away, delete, and/or take away any and all Content material posted on the Web site (together with Person Submissions) at any time and for any cause.

7.2. Possession.

You symbolize and warrant that you just personal or have the mandatory rights and permissions to make use of and authorize the Web site to make use of all Mental Property Rights (outlined under) in and to your Person Submissions and to allow inclusion and use thereof as contemplated by the Web site and these Phrases. Until the Person Submissions are individually referred to, all references herein to Content material shall embrace references to Person Submissions. “Mental Property Rights” means any and all rights, titles, and pursuits, whether or not international or home, in and to any and all commerce secrets and techniques, patents, copyrights, service marks, logos, know-how, or related mental property rights, in addition to any and all ethical rights, rights of privateness, publicity and related rights of any kind below the legal guidelines or rules of any governmental, regulatory, or judicial authority, international or home. You keep your entire possession rights in and to your Person Submissions.

7.3. License to Person Submissions.

By submitting the Person Submissions to NI, you hereby grant NI a worldwide, irrevocable, non-exclusive, royalty-free, perpetual, sub-licensable and transferable license to make use of, reproduce, distribute, put together spinoff works of show, and carry out the Person Submissions in reference to the Web site and NI enterprise, together with with out limitation for redistributing half or your entire Person Submissions (and spinoff works thereof)in any media codecs and thru any media channels and, and also you hereby waive any ethical rights in your Person Submissions, to the extent permitted by regulation. You additionally hereby grant every person of the Web site or different viewer or person of the Person Submission a non-exclusive proper to make use of, reproduce, distribute, put together spinoff works of, show and carry out such Person Submissions, all in accordance with these Phrases.

7.4. Prohibited Content material.

You agree that you’ll not show, submit, submit, publish, add or transmit a Person Submission that: (i) is unfair or misleading below the patron safety legal guidelines of any jurisdiction; (ii) is copyrighted, protected by commerce secret or in any other case topic to 3rd occasion proprietary rights, together with privateness and publicity rights, except you’re the proprietor of such rights; (iii) creates a danger to an individual’s security or well being, creates a danger to public security or well being, compromises nationwide safety, or interferes with an investigation by regulation enforcement; (iv) impersonates one other individual; (v) promotes unlawful medicine, violates export management legal guidelines, pertains to unlawful playing, or unlawful arms trafficking; (vi) is illegal, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that may be thought-about a legal offense, provides rise to civil legal responsibility, violates any regulation, or is inappropriate; (vii) entails theft or terrorism, or (viii) is in any other case malicious or fraudulent.

7.5. Publicity.

You perceive and acknowledge that when accessing and utilizing the Web site: (i) you may be uncovered to Person Submissions from quite a lot of sources and that NI shouldn’t be accountable for the accuracy, usefulness, security, or Mental Property Rights of, or regarding, such Person Submissions; and(ii) chances are you’ll be uncovered to Person Submissions which can be inaccurate, offensive, indecent, or objectionable. You hereby comply with waive and hereby do waive, any authorized or equitable rights or treatments you will have towards NI with respect to (i) and (ii) herein.

7.6 Complaints about Content material.

NI respects the Mental Property Rights of others. Subsequently, we encourage you to report any Content material you consider violates your Mental Property Rights by finishing this form.

8. Person Profile.

We provide our companies for registered customers and friends. This part of the Phrases applies to registered customers solely.

Throughout the registration course of, we might ask you to supply sure contact and private particulars, comparable to your title, e mail tackle, your picture, your tackle and your telephone quantity. We’ll explicitly point out the fields which can be necessary to finish.

Keep in mind that false, incorrect, or outdated data might forestall you from registering and impair our capacity to offer you the companies. To log in, you need to present your e mail and password. We may set up and require, once in a while, further or totally different technique of identification and authentication for logging in and accessing the service.

You agree to keep up your login particulars in absolute confidentiality and chorus from disclosing them to others. Just be sure you change your password ceaselessly and at the least as soon as each six months.

You might be accountable for any content material uploaded or filled-in by you, together with hyperlinks to different web sites that you could be add as a part of a Person Submission.

We won’t be accountable for your failure to supply true, correct and full particulars in the midst of the registration course of, and for any use or misuse of your profile because of compromising your particulars or conveying them to another person.

Chances are you’ll ask to have your person profile take away by submitting a removing request. We might require you to confirm your id by sending us further data, both by e-mail or via some other means, as a situation for eradicating your person profile. Upon completion of processing your request, we are going to terminate your account and you’ll not have the ability to entry the service as a registered person.

Topic to those Phrases, chances are you’ll renew your registration at any time after your account has been terminated, by finishing the registration course of once more.

However any treatments that could be obtainable to us below any relevant regulation, we might quickly or completely deny, restrict, droop, or terminate your person profile, prohibit you from accessing the service, take away your uploaded content material and take technical and authorized measures to maintain you off the service, if we decide in our sole discretion that –

● you’ve got abused your rights to make use of the service;

● you’ve got breached the Phrases;

● you violated any relevant regulation, rule, or regulation; or,

● you’ve got carried out any act or omission which is dangerous or prone to be dangerous to us, or some other third occasion, together with different customers or suppliers of the service;

9. Info Description.

We try to be as correct as attainable. Nevertheless, we can’t and don’t warrant that the Content material obtainable on the Web site is correct, full, dependable, present, or error-free. We reserve the best to make adjustments in or to the Content material, or any half thereof, in our sole judgment, with out the requirement of giving any discover previous to or after making such adjustments to the Content material. Your use of the Content material, or any half thereof, is made solely at your personal danger and accountability.

10. Disclosure.

We reserve the best to entry, learn, protect, and disclose any data that we get hold of in reference to the Web site, and your use thereof, as we moderately consider is important to (i) fulfill any relevant regulation, regulation, authorized course of, subpoena or governmental request, (ii) implement the Web site Phrases, together with to analyze potential violations of them, (iii) detect, forestall, or in any other case tackle fraud, safety or technical points, (iv) reply to person assist requests, or (v) shield the rights, property or security of NI, its customers or the general public.

11. Hyperlinks.

11.1. The Web site might comprise hyperlinks and should allow you to submit content material, to 3rd occasion web sites that aren’t owned or managed by NI.

We aren’t affiliated with, haven’t any management over, and assume no accountability for the content material, privateness insurance policies, or practices of, any third occasion web sites. You: (i) are solely accountable and liable on your use of and linking to 3rd occasion web sites and any content material that you could be ship or submit to a 3rd occasion web site; and (ii) expressly launch NI from any and all legal responsibility arising out of your use of any third occasion web site. Accordingly, we encourage you to learn the phrases and situations and privateness coverage of every third occasion web site that you could be select to go to.

11.2. We allow you to hyperlink to the Web site supplied that:

(i) you hyperlink to however don’t replicate any web page on the Web site; (ii) the hyperlink textual content shall precisely describe the Content material because it seems on the Web site; (iii) you shall not misrepresent your relationship with NI or current any false details about NI and shall not suggest in any approach that we’re endorsing any companies or merchandise except we’ve given you our categorical prior consent; (iv) you shall not hyperlink from a web site that incorporates content material that (a) is offensive or controversial (each at our discretion), or (b) infringes any mental property, privateness rights, or different rights of any individual or entity; and/or (v) you, and your web site, adjust to these Phrases and relevant regulation.

12. Privateness.

We’ll use any private data that we might gather or get hold of in reference to the Web site in accordance with our privateness coverage which is on the market right here: https://www.toptenow.com/privacy-policy-2/. You agree that we might use private data that you just present or make obtainable to us in accordance with the Privateness Coverage.

13. Guarantee Disclaimers.

13.1. This part applies whether or not or not the companies supplied below the Web site are for cost.

Relevant regulation might not permit the exclusion of sure warranties, so to that extent, sure exclusions set forth herein might not apply.

13.2. THE SITE IS PROVIDED ON AN ‘AS IS’ AND ‘AS AVAILABLE’ BASIS, AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED.

THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. NI HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. NI DOES NOT GUARANTEE THAT THE SITE WILL BE FREE OF BUGS, SECURITY BREACHES, OR VIRUS ATTACKS. THE SITE MAY OCCASIONALLY BE UNAVAILABLE FOR ROUTINE MAINTENANCE, UPGRADING, OR OTHER REASONS. YOU AGREE THAT NI WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR ANY THIRD PARTY THAT MAY RESULT FROM TECHNICAL PROBLEMS OF THE INTERNET, SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS. WE DO NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT, PRODUCT, OR SERVICE THAT IS FEATURED OR ADVERTISED ON THE SITE BY A THIRD PARTY.

13.3. NI DOES NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT THAT APPEARS IN A USER SUBMISSION, AND DOES NOT MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO, AND DISCLAIMS ALL LIABILITY FOR, ANY SUCH CONTENT.

13.4. YOU SPECIFICALLY ACKNOWLEDGE THAT NI SHALL NOT BE RESPONSIBLE FOR THE USER SUBMISSIONS OR CONDUCT(INCLUDING DEFAMATORY, OFFENSIVE, ILLEGAL, OR NEGLIGENT CONDUCT) OF ANY SITE USER AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

13.5. YOUR RELIANCE ON, OR USE OF, ANY SITE CONTENT (INCLUDING WITHOUT LIMITATION, ANY USER SUBMISSIONS), OR INTERACTION WITH ANY THIRD PARTY FEATURED ON THE SITE, IS AT YOUR SOLE RISK. IF YOU HAVE A DISPUTE WITH ANY THIRD PARTY AS A RESULT OF, OR ARISING FROM YOUR USE OF THE SITE, YOU AGREE THAT NI IS NOT AND SHALL NOT BE LIABLE FOR ANY CLAIMS OR DAMAGES ARISING OUT OF OR CONNECTED WITH SUCH DISPUTE.

13.6. EXCEPT AS EXPRESSLY STATED IN OUR PRIVACY POLICY, WE DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SECURITY OF ANY INFORMATION YOU MAY PROVIDE OR ACTIVITIES YOU ENGAGE IN DURING THE COURSE OF YOUR USE OF THE SITE.

13.7. WE ENDEAVOR TO OFFER YOU VALUABLE INFORMATION ABOUT THE PRODUCTS AND SERVICES THAT ARE FEATURED / REVIEWED ON THE SITE.

HOWEVER, IN ORDER TO PROVIDE YOU WITH THIS INFORMATION AT NO COST, WE MUST SEEK REVENUE OPPORTUNITIES THROUGH OTHER MEANS. BY WAY OF EXAMPLE, WE MAY CHARGE A PLACEMENT FEE TO THOSE THIRD PARTIES THAT ARE FEATURED ON OUR SITE, AND WE MAY RECEIVE FEES EACH TIME A USER CLICKS THROUGH TO ONE OR MORE SUCH PARTIES AND/OR ACTUALLY PURCHASES PRODUCTS/SERVICES THAT ARE OFFERED BY ANY OF THEM. IN ALL CASES, HOWEVER, THE REVENUES THAT ARE PAID TO NI WILL NOT INFLUENCE THE MATERIAL WE PRESENT ABOUT A SPECIFIC THIRD PARTY FEATURED ON OUR SITE.

14. Limitation of Legal responsibility.

14.1. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NI SHALL NOT BE LIABLE FOR ANY INDIRECT, EXEMPLARY, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OF ANY KIND, OR FOR ANY LOSS OF DATA, REVENUE, PROFITS OR REPUTATION, ARISING UNDER THESE TERMS OR OUT OF YOUR USE OF, OR INABILITY TO USE, THE SITE, EVEN IF NI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

Some jurisdictions don’t permit the limitation or exclusion of legal responsibility for incidental or consequential damages, so the above limitations might not apply to you.

14.2. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF NI FOR ANY AND ALL DAMAGES ARISING UNDER THESE TERMS OR OUT OF YOUR USE OF, OR INABILITY TO USE, THE SITE EXCEED THE TOTAL AMOUNT OF US $5,00.

15. Indemnity.

You comply with defend, indemnify and maintain innocent NI and our associates, and our respective officers, administrators, workers, and brokers, from and towards any and all claims, damages, obligations, losses, liabilities, prices and bills(together with however not restricted to lawyer’s charges) arising from: (i) your use of, or incapability to make use of, the Web site; (ii) your Person Submissions; (iii) your interplay with any Web site person; or (iv) your violation of those Phrases.

16. Time period and Termination.

These Phrases are efficient till terminated by NI otherwise you. NI, in its sole discretion, has the best to terminate these Phrases and/or your entry to the Web site, or any half thereof, instantly at any time and with or with out trigger (together with, with none limitation, for a breach of those Phrases). NI shall not be liable to you or any third occasion for termination of the Web site, or any half thereof. Should you object to any time period or situation of those Phrases, or any subsequent modifications thereto, or grow to be dissatisfied with the Web site in any approach, your solely recourse is to right away discontinue use of the Web site. Upon termination of those Phrases, you shall stop all use of the Web site. This Part ‎15 and Sections ‎5 (Mental Property Rights), ‎7.3 (License to Person Submissions), ‎11 (Privateness), ‎12 (Guarantee Disclaimers), ‎13 (Limitation of Legal responsibility), ‎14 (Indemnity), and ‎16 (Unbiased Contractors) to ‎18 (Normal) shall survive termination of those Phrases.

17. Unbiased Contractors.

You and NI are impartial contractors. Nothing in these Phrases creates a partnership, three way partnership, company, or employment relationship between you and NI. It’s essential to not below any circumstances make, or undertake, any warranties, representations, commitments or obligations on behalf of NI.

18. Project.

These Phrases, and any rights and licenses granted hereunder, might not be transferred or assigned by you however could also be assigned by NI with out restriction or notification to you.

19. Normal.

NI reserves the best to discontinue or modify any side of the Web site at any time. These Phrases and the connection between you and NI shall be ruled by and construed in accordance with the legal guidelines of the State of Israel, with out regard to its rules of battle of legal guidelines. You comply with undergo the private and unique jurisdiction of the courts situated in Tel Aviv-Jaffa and waive any jurisdictional, venue, or inconvenient discussion board objections to such courts supplied that NI might search injunctive aid in any courtroom of competent jurisdiction. These Phrases shall represent all the settlement between you and NI regarding the Web site. If any provision of those Phrases is deemed invalid by a courtroom of competent jurisdiction, the invalidity of such provision shall not have an effect on the validity of the remaining provisions of those Phrases, which shall stay in full power and impact. No waiver of any time period of those Phrases shall be deemed an additional or persevering with waiver of such time period or some other time period, and a celebration’s failure to say any proper or provision below these Phrases shall not represent a waiver of such proper or provision.

 

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