Welcome to Topspot! It’s great to have you as part of our community and we hope you have as much fun as we do in being a part of it! These Terms of Service are our agreement with you when you use Topspot’s website, online and mobile application services, and any software applications or services made available by Topspot (the “Services”). By using the Services, you agree to these Terms of Service. These Terms of Service affect your legal rights and obligations, so if you do not agree to be bound by these Terms of Service, do not access or use the Services.
Given the breadth of our Services, we sometimes need additional terms and conditions for specific Services. Those additional terms and conditions, which will be available with the relevant Services, also become part of your agreement with us if you use those Services.
ARBITRATION NOTICE: EXCEPT IF YOU OPT-OUT AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION CLAUSE BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND TOPSPOT WILL BE RESOLVED BY BINDING ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
You need to be at least 13 years old or younger with parental consent to create a Topspot account or use the Services. By using the Services, you also must be able to form a binding contract with Topspot, not be a person disallowed from using the Services under the laws of the United States or any other applicable jurisdiction, and must comply with these Terms of Service and all applicable local, state, national, and international laws, rules, and regulations.
If you are using the Services on behalf of a business, or some other entity or organization, you agree that you are authorized to grant all licenses set forth in these Terms of Service and to agree to these Terms of Service on behalf of the business, entity or organization.
Topspot grants you a personal, worldwide, royalty-free, non-assignable, non-exclusive, revocable, and non-sublicensable license to access and use the Services. This license is for the sole purpose of letting you use the Services in a way that these Terms of Service allow. You may automatically download and install upgrades, updates, or other new features of any software we provide. You may also adjust these automatic downloads through your device’s settings. You may not copy, modify, distribute, sell, or lease any part of our Services, nor may you reverse engineer or attempt to extract the source code of our Services, unless applicable laws prohibit these restrictions or you have our written permission to do so.
Many of our Services let you create, upload, post, send, receive, and store content. When you do that, you retain whatever ownership rights in that content you had to begin with. But you grant us a license to use that content. How broad that license is depends on which Services you use and the settings you have selected.
For use of the Services, you grant Topspot a worldwide, non-exclusive, royalty-free, sub-licensable, and transferable license to host, store, use, display, reproduce, modify, adapt, edit, publish, and distribute that content. This license is for the limited purpose of operating, developing, providing, promoting, and improving the Services and researching and developing new ones. In addition, you also grant us a perpetual license to create derivative works from, promote, exhibit, broadcast, syndicate, sublicense, publicly perform, and publicly display content submitted to our Services. To the extent necessary, when you appear in, create, upload, post, or send content, you also grant Topspot and our business partners the unrestricted, worldwide, perpetual right and license to use your name, likeness, and voice. For the avoidance of doubt you will not be entitled to any compensation from Topspot or our business partners if your name, likeness, or voice is conveyed through our Services.
While we’re not required to do so, we may access, monitor, review, edit, block, screen, and delete your content at any time and for any reason, including if we think your content violates these Terms of Service. We may also disqualify, edit, block or remove any entry or other content from contests on Topspot where we identify or suspect tampering or attempts to tamper with the entry process or the operation, fairness or integrity of any contest, or acts with intent to annoy, abuse, threaten or harass any other user has occurred. Entries and prize claims may also be subject to verification, cancellation or disqualification. Despite this, you remain responsible for the content you create, upload, post, send, or store through the Services. You are also responsible for establishing the terms of any contests you create, including ensuring the terms comply with applicable laws and regulations. Unless officially created by Topspot, contests on Topspot are in no way sponsored, endorsed or administered by, or associated with, Topspot. By creating or entering into contests, users fully release Topspot from any liability and no correspondence will be entered into. Contests on Topspot are also in no way sponsored, endorsed or administered by, or associated with Apple Inc., Google LLC or any of their respective subsidiaries or affiliates and they are therefore not responsible or liable in any way for contests on Topspot.
The Services may contain sponsored content or advertisements. In consideration for topspot letting you access and use the Services, you agree that we, our affiliates, and our third-party partners may place sponsored content and advertisements on the Services. Because the Services contain content that you and other users provide us, sponsored content and advertisements may sometimes appear near your content. Topspot has no obligation to identify or demark sponsored content or advertisements as such.
If you volunteer feedback or suggestions, you agree that we can use this information as we choose and without compensating you.
These Terms of Service do not grant you any right to use branding, logos, designs, photographs, videos, or any other materials in or from our Services. You also agree not to copy, archive, download, upload, distribute, syndicate, broadcast, perform, display, make available, or otherwise use any portion of the Services or the content on the Services except as set forth in these Terms of Service. The Services, any tools provided by the Services and any content on the Services cannot be used for any commercial purposes without our consent.
You acknowledge that Topspot has the right to directly contact you and to become directly involved in your interactions with our Services where it feels a need to do so.
Much of the content on our Services is produced by users, publishers, and other third parties. Whether that content is posted publicly or privately, the content is the sole responsibility of the person or organization that posted it. Although Topspot reserves the right to access, monitor, review, edit, block, screen or delete any content that violates these Terms of Service, we do not access, review or monitor all of it. So we cannot and do not take responsibility for any content that others provide through the Services. Through these Terms of Service, we make clear that we do not want the Services put to bad uses. But because we do not review all content, we cannot guarantee that content on the Services will always conform to our Terms of Service.
If you use the Services, you must not upload, post, send, store content or generally interact with the Services in a way that violates or infringes a person’s rights of publicity, privacy, copyright, trademark, or other intellectual-property rights; or which bullies, harasses, intimidates, stalks, abuses or defames another person.
You must not post private or confidential information via the Service, including, without limitation, your or any other person's credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses; nor will you spam or solicit other users of the Services.
We take reasonable steps to remove material that we become aware of that infringes any copyright from our Services. We will terminate a person’s account if we become aware of multiple intentional breaches of copyright after having received prior written warning from us. If you suspect copyright infringement from another person using our Services, please contact us.
We try hard to keep our Services safe for users. But we can’t guarantee it. By using the Services, you agree that:
By using the Services, you agree that:
If you think that someone has gained access to your account, please contact us.
There may be links from our Services, or from communications you receive from our Services, to third-party websites, applications, features or services. There may also be links to third-party websites, applications, features or services in images or comments within our Services. The Services also include third-party content that we do not control, maintain or endorse. Functionality on the Services may permit interactions between the Services and a third-party website, application, feature or service, including which connect the Services or your account on the Services with a third-party website, application, feature or service. Topspot does not control any of these third-party websites, applications, features or services or any of their content. You expressly acknowledge and agree that Topspot is in no way responsible or liable for any such third-party websites, applications, features or services, or any of your interactions with these, or for the implications of any of these interactions.
You are responsible for any mobile charges that you may incur for using our Services, including text-messaging and data charges. If you’re unsure what those charges may be, you should contact your service provider before using the Services.
We may add or remove features, products, or functionalities, and we may also suspend or stop the Services altogether. We may take any of these actions at any time, and when we do, we may not provide you with any notice beforehand.You can terminate these Terms of Service at any time and for any reason by deleting your Topspot account. Topspot can also terminate these Terms of Service with you at any time, for any reason, and without advanced notice. That means that we may stop providing you with any and all of the Services, or impose new or additional limits on your ability to use the Services. Please note despite the above, the Sections 3, 6, 8, 9, and 13-20 of the Terms of Service will continue to bind you and Topspot.
You agree, to the extent permitted under applicable law, to indemnify, defend, and hold harmless Topspot, our partners, employees, and affiliates from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys’ fees) due to, arising out of, or relating in any way to: (a) your access to or use of the Services; (b) your content; and (c) your breach of these Terms of Service.
THE SERVICES ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”, AND TO THE EXTENT PERMITTED BY APPLICABLE LAW WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN ADDITION, WHILE TOPSPOT ATTEMPTS TO PROVIDE A GOOD USER EXPERIENCE, WE DO NOT REPRESENT OR WARRANT THAT: (A) THE SERVICES WILL ALWAYS BE SECURE, ERROR-FREE, OR TIMELY; (B) THE SERVICES WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS, OR IMPERFECTIONS; OR (C) THAT ANY CONTENT OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICES WILL BE TIMELY OR ACCURATE.
TOPSPOT TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY CONTENT THAT YOU, ANOTHER USER, OR A THIRD PARTY CREATES, UPLOADS, POSTS, SENDS, RECEIVES, OR STORES ON OR THROUGH OUR SERVICES. YOU UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO CONTENT THAT MIGHT BE OFFENSIVE, ILLEGAL, MISLEADING, OR OTHERWISE INAPPROPRIATE, NONE OF WHICH TOPSPOT WILL BE RESPONSIBLE FOR. YOU ALSO AGREE THAT TOPSPOT IS NOT RESPONSIBLE OR LIABLE FOR THE CONDUCT OF YOU, ANOTHER USER, OR A THIRD PARTY ON OUR SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, TOPSPOT AND OUR PARTNERS, EMPLOYEES, AFFILIATES, LICENSORS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR MULTIPLE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON OR THROUGH THE SERVICES; (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT; (D) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY TOPSPOT OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY'S USE OF THE SERVICES; (E) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (F) ANY ERRORS OR OMISSIONS IN THE OPERATION OF THE SERVICES; OR (H) 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, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION. TOPSPOT AND OUR PARTNERS, EMPLOYEES, AFFILIATES, LICENSORS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY OF THE ABOVE EVEN IF FORESEEABLE OR IF TOPSPOT HAS BEEN ADVISED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL TOPSPOT’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED ONE HUNDRED UNITED STATES DOLLARS (US$100).
YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF TOPSPOT'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 WEB SITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY TOPSPOT, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEBSITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY TOPSPOT.
To the extent the parties are permitted under these Terms of Service to initiate litigation in a court, both you and Topspot agree that all claims and disputes, including statutory claims and disputes, arising out of or relating to the Terms of Service or the use of the Services will be litigated exclusively in the United States District Court for the Central District of California. If, however, that court would lack original jurisdiction over the litigation, then all such claims and disputes will be litigated exclusively in the Superior Court of California, County of Los Angeles. You and Topspot consent to the personal jurisdiction of both courts.
Except to the extent they are preempted by U.S. federal law, the laws of California, other than its conflict-of-laws principles, govern these Terms of Service and any claims and disputes arising out of or relating to these Terms of Service or their subject matter, including tort and statutory claims and disputes. THESE TERMS OF SERVICE WILL SPECIFICALLY NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE.
If any provision of these Terms of Service is found unenforceable, then that provision will be severed from these Terms of Service and will not affect the validity and enforceability of any remaining provisions.
We may change these Terms of Service from time to time. We intend to notify you of any changes either through amending the last modified date of the Terms of Service, or where otherwise required, through alerts or notifications either on our website or through our Services.