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Terms
and Conditions of Use - Last Revised: May 2008
The
following terms and conditions of use (the "Terms and Conditions")
govern your ("You") use of the Top Video World Web site (www.topvideoworld.com),
which shall include, without limitation, several Top Video World
within one common industry category, and all content thereon
(the "Site") as provided by Top Video World. BY USING THE SITE,
YOU ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS AS APPLIED
TO YOUR USE OF THE SITE. If you do not agree to these Terms
and Conditions, you may not access or otherwise use the Site.
Proprietary
Rights.
As between you and Top Video World (including
our affiliates), we are the owner and/or authorized user of
any trademark, and/or service mark appearing on the Site, and
are the copyright owner or licensee of the content and/or information
on the Site, unless otherwise indicated. Except as otherwise
provided herein, use of the Site does not grant to you a license
to any content, features or materials you may access on the
Site. Any commercial use of the Site is strictly prohibited,
except as allowed herein or otherwise approved by us. You may
not download or save a copy of any of the content or screens
except as otherwise provided in these Terms and Conditions,
for any purpose. You may, however, print one (1) copy of the
information on the Site solely for your personal use or records.
If you make other use of the Site, except as otherwise provided
above, you may violate copyright and other laws of the United
States, other countries, as well as applicable state laws and
may be subject to liability for such unauthorized use. We do
not grant any license or other authorization to any user of
our trademarks, service marks, other copyrightable material
or any other intellectual property, by including them on the
Site.
No
Endorsement.
Top Video World does not represent or
warrant the truthfulness, accuracy or reliability of any material
posted by others on or through the Site, nor does Top Video
World endorse any opinions expressed by Users or others. Users
acknowledge that any reliance on material posted by others will
be at their own risk. Any content placed on any discussion area
by Users are the views of the User posting the statement, and
do not represent the views of Top Video World.
User
Conduct.
You warrant and agree that, while using
the Site, you shall not:
* Upload, post or transmit to or distribute or otherwise publish
through the Site any material that violates any provision of
these Terms and Conditions;
* Restrict or inhibit any other User from using and enjoying
the Site;
* Constitute or encourage conduct that would constitute a criminal
offense or give rise to civil liability;
* Impersonate, or misrepresent your affiliation with any other
person or entity;
* Upload, post, publish, transmit, reproduce, distribute or
in any way exploit any information or other material obtained
through the Site for commercial purposes (other than as expressly
permitted by the provider of such information or other material);
* Engage in spamming or flooding; or
* Attempt to gain unauthorized access to other computer systems
through the Site.
Except
as otherwise expressly permitted herein, you may not upload,
post, publish, reproduce, transmit or distribute in any way
any component of the Site itself or derivative works with respect
thereto, as the Site is copyrighted as a collective work under
U.S. copyright laws.
We
have no obligation to monitor any content on or through the
Site and we assume no obligation. You acknowledge and agree,
however, that we do retain the right to monitor the Site and
to disclose any information as necessary or appropriate to satisfy
any law, regulation or other governmental request, to operate
the Site properly, or to protect ourselves or our Users. We
will not intentionally monitor or disclose any private electronic
mail message unless required by law. We reserve the right to
refuse to post or to remove any information or materials, in
whole or in part, that, in our sole discretion, are unacceptable,
undesirable, inappropriate or in violation of these Terms and
Conditions. We may also suspend or terminate any User's use
of the Site at any time in our sole discretion.
You
agree to defend, indemnify and hold Top Video World, its owner,
directors, officers, employees, agents and affiliates harmless
from any and all claims, liabilities, costs and expenses, including
reasonable attorneys' fees, arising in any way from your use
of the Site or the placement or transmission of Your Material
on or through the Site by you.
Real-time
Data Disclaimer
Top
Video World is providing this data "as is," and Top Video World
and its owner, partners, employee cannot be held responsible,
nor assume any liability for any damages caused by inaccuracies
in this data or documentation, or as a result of the failure
of the data or software to function in a particular manner.
Top Video World and its owner, partners, employee make no warranty,
expressed or implied, as to the accuracy, completeness, or utility
of this information, nor does the fact of distribution constitute
a warranty.
Real-time
data have not been subjected to quality control or quality assurance
procedures. Timely delivery of data and products through the
Internet is not guaranteed.
DISCLAIMER
OF WARRANTIES.
THE SITE, INCLUDING, WITHOUT LIMITATION,
ALL CONTENT, FUNCTIONS AND MATERIALS THEREON, IS PROVIDED "AS
IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION,
DATA, OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE
AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION,
AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE. TOP VIDEO WORLD DOES NOT
WARRANT THAT THE SITE OR THE FUNCTIONS, FEATURES OR CONTENT
CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR
FREE, OR THAT DEFECTS WILL BE CORRECTED. TOP VIDEO WORLD MAKES
NO WARRANTY THAT THE SITE WILL MEET USERS' REQUIREMENTS. NO
ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED
BY YOU FROM TOP VIDEO WORLD OR THROUGH THE SITE SHALL CREATE
ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED
WITH THE SITE OR ANY CONTENT OR FUNCTION THEREON, YOUR SOLE
REMEDY IS TO DISCONTINUE USING THE SITE.
LIMITATION
OF LIABILITY.
IN NO EVENT SHALL TOP VIDEO WORLD OR ANY
OF ITS OWNER, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES,
OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT,
SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES
ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF,
OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS
AND FUNCTIONS RELATED THERETO, INCLUDING, WITHOUT LIMITATION,
LOSS OF REVENUE, OR ANTICIPATED PROFITS OR LOST BUSINESS OR
LOST SALES, EVEN IF TOP VIDEO WORLD OR SUCH INDIVIDUAL HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS
DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL
OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY
NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL TOP VIDEO WORLD
BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED,
EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON
ON OR THROUGH THE SITE. IN NO EVENT SHALL THE TOTAL LIABILITY
OF TOP VIDEO WORLD TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES
OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED
TO, NEGLIGENCE OR OTHERWISE) ARISING FROM YOUR USE OF THE SITE
EXCEED, IN THE AGGREGATE, ANY FEE YOU MAY PAY TO TOP VIDEO WORLD
FOR YOUR ACCESS TO OR USE OF THE SITE.
Links
to Other Sites.
You acknowledge and agree that we have
no responsibility for the accuracy or availability of information
provided by Web sites to which you may link from the Site ("Linked
Sites"). Links to Linked Sites are provided as a convenience
to you, and do not constitute an endorsement by or association
with Top Video World of such sites or the content, products,
advertising or other materials presented on such sites. Top
Video World does not author, edit, or monitor these Linked Sites.
You acknowledge and agree that Top Video World is not responsible
or liable, directly or indirectly, for any damage or loss caused
or alleged to be caused by or in connection with use of or reliance
on any such content, goods or services available on such Linked
Sites.
Applicable
Laws.
We control and operate this Site from
our offices in the United States of America. We do not represent
that materials on the Site are appropriate or available for
use in other locations. Persons who choose to access this Site
from other locations do so on their own initiative, and are
responsible for compliance with local laws, if and to the extent
local laws are applicable.
Modifications
to the Site and the Services.
We may change these Terms and Conditions
from time to time and at any time without notice to you, by
posting such changes on the Site. We reserve the right, for
any reason, in our sole discretion, to terminate, change, suspend
or discontinue any aspect of the Site, including, but not limited
to, content, features or hours of availability. By using the
Site following any modifications to the Terms and Conditions,
you agree to be bound by any such modifications to the Terms
and Conditions. We may also impose limits on certain features
of the Site or restrict your access to part or all of the Site
without notice or penalty.
Digital
Millennium Copyright Act Agent.
We respect the intellectual property rights
of others, and require that the people who use the Site do the
same. If you believe that your work has been copied in a way
that constitutes copyright infringement, please forward the
following information to the Copyright Agent named below:
* Your address, telephone number, and e-mail address;
* A description of the copyrighted work that you claim has been
infringed;
* A description of where the alleged infringing material is
located;
* A statement by you that you have a good faith belief that
the disputed use is not authorized by you, the copyright owner,
its agent, or the law;
* An electronic or physical signature of the person authorized
to act on behalf of the owner of the copyright interest; and
* A statement by you, made under penalty of perjury, that the
above information in your Notice is accurate and that you are
the copyright owner or authorized to act on the copyright owner's
behalf.
Copyright
Agent:
Alan W. Leung
Top Video World
347 Judah Street
San Francisco, CA 94122
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