Eligibility and Age Limitation
Scope of Services
The Website provides you with comprehensive information, comparison tables and resources about various services and products you are interested in, owned or operated by third parties (“Third Party Service”). We provide you with the information we believe to be applicable and comparison charts, including without limitations User Generated Content (as defined below), Third Party Websites or links (as defined below) as well as articles, blogs and opinions provided either by us, you, other users or third party contractors, including any text, logos, phone numbers, button icons, images, data compilations, documents, descriptions, software, code, designs, links, data, graphics and other features provided therein (collectively defined hereinafter as the “Content”) (together with the Website shall be referred to as the “Service(s)”). The Services are owned and developed solely by us. We conduct reviews and evaluate the information we find according to our criteria, in order to present the Third-Party Websites and Third-Party Services we believe to be the most top-rated services. You acknowledge that the Services are for informational and editorial purposes only and may contain Content that you deem or find objectionable. We make best efforts (however not obligated) to actively monitor the Services and any Content (including User Generated Content, a defined below) that is submitted or viewed on the Website. We do not endorse or support any Content which is submitted to the Website (either by you, us, third party content providers or other users). Our Services are provided to you free of charge. We are able to maintain a free, high-quality Service by charging an advertising fee to featured brands whenever a user completes a purchase. For more information please review the “How We Rate” section below.
Use of the Website and Services
The Services and the Content are provided to you for your personal and non-commercial use only; You agree only to use the Services as set forth in these Terms and according to applicable laws and regulations. You are responsible for any User Generated Content (as defined below) you may submit to the Website. You are responsible for any of your actions which breach or could be reasonably construed as a breach of these Terms. You may not use the Services in a manner which would disrupt the use of the Website by other users or persons. We reserve the right to investigate any breach or alleged breach of these Terms and to report any breach or alleged breach of these Terms to law enforcement authorities. We may prevent you from using the Services if we become aware of any action which breaches or which is reasonably construed as a breach of these Terms. We may also limit your use of the Services for any other reason or for no reason and retain the right to terminate your use of the Services at our sole discretion. We reserve the right to refuse or accept post, display or transmit any content submitted to the Website by you, at any time and at our sole discretion. We have no responsibility to store or maintain any Content submitted to or posted on the Website (including any User Generated Content) and will not be held liable for any failure to store or maintain any such content.
Further, you hereby agree you will not, directly or indirectly: (i) make any copies of, modify, adapt, disassemble, translate, decompile, reverse engineer, create derivative work, circumvent or hack the Services or the Content provided therein or to gain unauthorized access to the Services or its related systems or networks; (ii) sublicense, resell, rent, lease, assign, transfer any right, share, broadcast or otherwise commercially exploit or make the Services or the Content available to any third party, or any portion thereof; (iii) use the Services or the Content in any fraudulent or unlawful manner; (iv) assert any proprietary rights in or to the Services or Content, nor remove, obscure or alter any notices of proprietary rights or disclaimers appearing in or on any content or materials available in or through the Services. If you download or print a copy of the Content you must retain all copyright and other proprietary notices contained therein; (v) use, access or attempt to access the Service in connection with any automated means; (vi) use our name, logo or trademarks without prior written consent; and (vii) extract, collect or store personal data about other users without their express permission. ANY USE OF THE SERVICES NOT SPECIFICALLY PERMITTED UNDER THESE TERMS IS STRICTLY PROHIBITED AND MAY RESULT, AT OUR SOLE DISCRETION, IN THE SUSPENSION OR TERMINATION OF YOUR ACCESS TO THE SERVICE.
Third Party’s Websites, Links, and Services:
The Services and Content will include links to websites and services operated by third parties (“Third Party Websites”) and will enable you to view, access or call the Third-Party Services. Such links or phone numbers may be posted by us, you, other users, Google AdSense or other third parties. You acknowledge and agree that (i) we do not guarantee the access to, recording of, listening to, or viewing of any particular Third Party Website or Third Party Services; (ii) we do not owe nor have control over, nor responsible for any Third Party Websites or Third Party Services, we do not exercise editorial or programming control over any content therein; (iii) owners or licensors of the Third Party Website may change or delete their website or any content or service therein at any time, as well as their phone numbers; and (d) by accessing the Third Party Websites, contacting the third party thorough its phone number or in any other manner, or otherwise interacting, engaging or using the Third Party Services, you will be subject to such Third Party Websites terms of services and privacy policies which may be found on the relevant Third Party Websites, as well as its costumer services and telemarketing and sales practices. You should carefully review the applicable Third-Party Websites’ terms of services and privacy policies in order to verify that you are interested in such services and that you are allowed to use the Third-Party Services, as well as to comply with the applicable requirements and restrictions (e.g., residents of certain countries are prohibited from using some Third Party’s Services). By using the Services, you may be linked and exposed to Content related to Third Party Websites or Third-Party Services that is inaccurate, offensive, indecent, or objectionable. You always have the choice of deciding whether or not to access, view, or otherwise interact with such Third-Party Website or Third-Party Services. Your interaction with a Third-Party Services (including by phone or in any other manner) and your use of, and reliance upon, any Content (including content provided through Third Party Website) is at your sole discretion and risk. You agree that we are not responsible or liable, directly or indirectly, for any loss or damage of any sort incurred as a result of your use of or reliance on any Content, Third Party Websites or Third Party Services, or your interaction with the third party by any means, which is at your sole discretion and risk, as well as for the accuracy, appropriateness, usefulness, safety, or intellectual property rights of, or relating to, any Third Party Website or Third Party Services.
User Generated Content
The User Generated Content refers to a wide variety of media content that is produced, submitted and uploaded by you and by other users as opposed to content made by us. The UGC shall include, among other images, comments, posts, texts, icons, links, opinions and feedback provided by you and by other users, etc. (“UGC”). You hereby undertake and agree that you have all the rights, power and authority necessary to submit any UGC and the UGC uploaded by you may not: (i) violate any applicable law; (ii) contain any unlawful content including but not limited to hateful content, content that might encourage or suggest violence, terrorism, racism, defamatory, adult and pornography content alcohol-related or illegal drugs content; (iii) contain any content which is copyrighted, protected by trade secret or may infringe third party intellectual property or content which may infringes the right to privacy or create a risk to a person’s safety or health or; (iv) contain any content which is unfair or deceptive under the consumer protection laws of any jurisdiction or content which includes unauthorized commercial communications as well as advertising, spam, incentivized or other way promoting any service or product. Further, by submitting, posting, or displaying UGC through the Services and by uploading the UGC to the Service, you grant us with a worldwide, non-exclusive, royalty-free, transferable license (with right to sub-license) to view, use, display, reproduce, distribute, prepare derivative works of, make available to the public any part of the UGC uploaded by you in connection with including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any channel. Furthermore, you grant each user of the Service, a worldwide, non-exclusive, royalty-free license to access your UGC through the Service, to download, use, reproduce, distribute, prepare derivative works of, and display to the extent permitted by the functionality of the Service and under these Terms. We have the sole and absolute right to and discretion to decide whether to publish any UGC and we may, without prior notice, monitor, censor, edit, remove, delete, any and all UGC, at any time and for any or no reason. If we believe, in our sole discretion, that the UGC provided by you violates or may violate any of the aforesaid, we may restrict your access or use of the Services. Nonetheless, we have no obligation to monitor the UGC, thus, we have no responsibility and liability with respect to the UGC uploaded by you, as well as UGC uploaded by other users, which you may find inaccurate, offensive, indecent, or objectionable.
Copyrighted Information and Content Policy:
You may not post or submit (including in the UGC) any proprietary information of another party which is protected under copyright or trademark laws. We will respond to any notice we receive alleging an infringement of the copyright or trademark rights of a third party by investigating the allegation and removing the alleged infringing content should we determine that an infringement has occurred. If you are a copyright owner, or are authorized to act on behalf of one, and you believe in good faith that any posted comment, Content or UGC on the Website has been used or exploited in a manner that infringes or violates any work or other intellectual property you own or control or of third party in which you are authorized to act on its behalf, please contact us at: sales @ topicks.net, or through our Contact Us form, located in the footer of each page within our Website (“Notice”), and we will investigate the matter immediately. When submitting a Notice, please include the following information: (i) identify the copyrighted work or material that you claim has been infringed, and information reasonably sufficient to permit us to locate the material and verify its existence, including at a minimum, its location, if applicable the URL of the link(s) shown on the Website where such material may be found and screenshots. If multiple copyrighted works are covered by this Notice – you may provide a list of the copyrighted works that you claim have been infringed; (ii) provide your contact information – name, mailing address, telephone number, and, if available, email address; (iii) include both of the following statements in the body of the Notice: “I hereby state that I have a good faith belief that the disputed use of the copyrighted material or reference or link to such material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use). In addition, I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
Be sure to consider whether fair use, fair dealing, or a similar exception to copyright applies before you submit the Notice. Please remember by submitting a Notice you will be initiating a legal process, hence, please do not make any false claims. We will respond at reasonable time to claims of copyright infringement committed using the Website that are reported to us.
The Service and any Content available therein are protected by international copyright laws or any other intellectual property laws and are licensed to us or to our affiliates, licensors, partners or other third parties. Except as expressly granted under these Terms, we retain all right, title ownership and interest in and to the Service and Content (excluding UGC and Third-Party Websites), copyrights and trademarks, product names, and trade names as well as any content provided or made available in connection with the Service and Website to the fullest extent possible under applicable law. We reserve all rights in and to the Service and the Website which are not expressly granted herein.
How We Rate
The rating and scoring available on the Website, including the Content, are based on a combination of our own evaluation based on the criteria we find to be applicable including our reviews findings, user experience, brand’s reputation, product popularity and conversion rates, pricing, etc. We are able to maintain a high-quality Service and provide you with the Service free of charge by charging an advertising fee to featured brands whenever a user completes a purchase. These advertising fees might impact the placement of the brands in the comparison chart and combined with the conversion rates might impact the scoring, however, this is NOT the main criteria. The rating and scoring are provided “as-is” and we hereby disclaim all expressed guarantees and warrants with regards to the marketability, suitability, incompleteness, applicability or relevance of the information contained herein. We make best efforts to provide the most accurate information, however, we do not include all available information nor compare or include all service providers on the market and we present solely he Third Party Services we find to be top rated and the information we find to be applicable. Your use of the Services and reliance on the information provided and displayed in the Website is entirely at your own responsibility and risk. For more information, please review our “How We Rate” page.
Disclaimer of Warranty
WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND REGARDING THE SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE SERVICES AND THE CONTENT, AS WELL AS THE RATINGS ARE PROVIDED “AS-IS”. YOUR USE OF THE SERVICES AND RELIANCE ON THE CONTENT OR ANY INFORMATION PROVIDED THEREIN ARE SOLELY AT YOUR OWN RISK. WE WILL NOT BE RESPONSIBLE FOR ANY DAMAGES WHICH OCCURS AS A RESULT OF YOUR USE OF THE SERVICES, THIRD PARTY WEBSITES AND THIRD-PARTY SERVICES. WE MAKE NO WARRANTY THAT THE WEBSITE WILL BE AVAILABLE ON A CONTINUOUS BASIS. WE MAKE NO WARRANTY THAT ANY CONTENT AND INFORMATION AVAILABLE THROUGH THE SERVICES IS TRUE, RELIABLE OR ACCURATE. WE MAKE NO WARRANTY THAT WE WILL CORRECT ANY ERRORS, DEFECTS OR OMISSIONS ON THE WEBSITE. WE DO NOT, EITHER EXPRESSLY OR IMPLIEDLY, ENDORSE, RECOMMEND OR IN ANY MANNER ASSUME ANY RESPONSIBILITY FOR ANY THIRD-PARTY WEBSITE OR THIRD-PARTY SERVICE, OR ANY DECISION MADE OR ACTION TAKEN OR NOT TAKEN IN RELIANCE ON THE CONTENT AVAILABLE IN OR THROUGH THE SERVICES, NOR DO WE ASSUME ANY RESPONSIBILITY FOR ANY LOSS, INJURY OR DAMAGES INCURRED AS A RESULT OR IN CONNECTION WITH SUCH ACTIONS AND CONTENT. WE MAKE NO WARRANTY THAT REVIEWS OF THIRD PARTY WEBSITES ARE FACTUALLY ACCURATE; OUR REVIEWS OF THIRD PARTY WEBSITES ARE BASED ON OUR EXPERIENCE WITH SUCH THIRD-PARTY WEBSITES, INPUT FROM OTHER PARTIES AND OTHER RESEARCH WHICH WE MAY HAVE PERFORMED. WE MAKE NO WARRANTY THAT YOU WILL FIND ANY THIRD-PARTY SERVICES TO BE SATISFACTORY OR TO PROVIDE ANY RESULTS WHICH YOU MAY SEEK FROM SUCH THIRD-PARTY SERVICES.
Limitation of Liability
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT WE WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSS, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL OR ANY LOST PROFITS WHICH YOU MAY INCUR OR SUFFER AS A RESULT OF YOUR USE OF THE SERVICES OR YOUR RELIANCE ON ANY CONTENT OR YOUR INTERACTION OR ENGAGEMENT WITH ANY THIRD-PARTY WEBSITE OR THIRD-PARTY SERVICES. THIS LIMITATION OF LIABILITY SHALL NOT BE MODIFIED EVEN IF WE HAVE BEEN ADVISED OR MADE AWARE OF THE POSSIBILITY OF ANY SUCH DAMAGES OR LOSSES. IF YOU BECOME DISSATISFIED IN ANY WAY WITH THE WEBSITE YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP YOUR USE OF THE SERVICE OR WEBSITE. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST US, AND OUR AFFILIATES, AGENTS, REPRESENTATIVES AND LICENSORS ARISING OUT OF YOUR USE OF THE WEBSITE OR SERVICE OR ANY CONTENT AVAILABLE THEREIN. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR AGGREGATE LIABILITY FOR ANY AND ALL DAMAGES ARISING UNDER THESE TERMS OR OUT OF YOUR USE OF, OR INABILITY TO USE, THE WEBSITE EXCEED THE COST OF THE SERVICES.
You agree to hold us harmless and indemnify us from and against any third-party claim arising from or in any way related to your use of the Website, including any liability or expense arising from all claims, losses, damages (actual and consequential), lawsuits, judgments, litigation costs and attorneys’ fees, of every kind and nature.
For any dispute you have with us, you agree to first contact us and attempt to resolve the dispute with us informally. If we were not able to resolve the dispute with you informally, we each agree by these enforceable Terms to resolve any claim, and unless otherwise required by a mandatory law dispute or controversy arising out of or in connection with or relating to these Terms, by binding and exclusively arbitration by the American Arbitration Association (“AAA”). ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING AND THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND US ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. If you wish to opt out of this arbitration agreement, you must provide us with a written clear notification, and include your name and residence address. This arbitration agreement will survive the termination of these Terms. These Terms are governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law and will specifically not be governed by the united nations conventions on contracts for the international sale of goods, if otherwise applicable. For any action at law or in equity relating to the arbitration provision of these Terms, you agree to resolve any dispute you have with exclusively in a state or federal court located in New York, New York, Manhattan and to submit to the personal jurisdiction of the courts located in New York County for the purpose of litigating all such disputes. Any cause of action you might have relating to the service is limited in time to one (1) year from the arising incident and will be permanently barred afterwards.
Changes to the Website or Services
We reserve the right to modify, correct, amend, enhance, improve, make any other changes to, or discontinue, temporarily or permanently the Services and any Content therein, without notice, at any time. we have no obligation to provide support or maintenance for the Services under these Terms. However, we may, at our sole discretion, provide limited technical support, upgrades and updates for the Services. You hereby agree to receive such updates and upgrades as part of your use of the Services. In the event we believe that such updates or upgrades shall materially affect your use of the Services, we will make best efforts to provide a written notification.
This Agreement, constitute the entire understanding between the parties with respect to the use of the Service. if any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms. You may not assign or otherwise transfer by operation of law or otherwise these Terms or any right or obligation herein. We expressly reserve our right to assign or transfer these Terms and to delegate any of our obligations hereunder at our sole discretion. Headings are for reference purposes only and do not limit the scope or extent of the relevant section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
We reserve the right to periodically amend or revise these Terms from time to time, at our sole discretion, so please re-visit this page frequently. Any changes to these Terms will become effective immediately upon the display of the revised version. The most recent version of the Terms will always be posted. If we do make any changes, the updated date at the top of the Terms will be reflected in the “Last Revised” heading. Your continued use of the Website or our Services, following the display of such modified Terms, constitutes your acknowledgement and consent of such amendments and your agreement to be bound by the terms of such amendments. In the event of a material change we will make best efforts to provide a written notification.
If you have any questions about these Terms, please contact at: (i) Topicks media Ltd. Ltd at sales @ topicks.net; or (ii) via our Contact Us form located in the footer of each page within our Websites; or (iii) send us an email: firstname.lastname@example.org