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|Top9.com - Terms of Service
1. ACCEPTANCE OF TERMS
Welcome to Top9. Top9.com provides its service to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at: http://www.top9.com/terms.html. In addition, when using particular Top9.com services, you and Top9.com shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS. Top9.com also may offer other services from time to time that are governed by different Terms of Services. These TOS do not apply to the Top9.com Popularity Directory, Hot9 or Related Sites or category listings.
2. DESCRIPTION OF SERVICE
Top9.com is a service of Omega World Travel, using information supplied by PC Data Online. Top9.com is a compendium of the most visited sites on the Internet, separated by category. Top9.com currently provides its users with access to a number of unique online resources, including the Top9.com Popularity Directory, Top 9 Related Sites, Hot9 and category listings (the "Service"). Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new Top9.com properties, shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that Top9.com assumes no responsibility for the timeliness, deletion, or misdelivered data.
In order to use the Service, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. Please be aware that Top9.com may create certain areas on the Service that contain adult or mature content. You must be at least 18 years of age to access and view such areas.
3. USER RESPONSIBILITY
Top9.com is concerned about the safety and privacy of all its users, particularly children. Please remember that the Service is designed to appeal to a broad audience. Accordingly, it is the responsibility of parents and legal guardians of children under eighteen (18) years old to determine whether any of the Services and/or Content are appropriate for their children.
5. TOP9.COM CONTENT
You acknowledge that Top9.com does not prescreen Content, but that Top9.com and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, Top9.com and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Top9.com or submitted to Top9.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
6. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
You agree to indemnify and hold Top9, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
8. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
9. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Top9.com may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that any Content will be retained by the Service. You agree that Top9.com has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You further acknowledge that Top9.com reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
10. MODIFICATIONS TO SERVICE
Top9.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Top9.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that Top9, in its sole discretion, may remove and discard any Content within the Service, for any reason, without limitation or if Top9.com believes that you have violated or acted inconsistently with the letter or spirit of the TOS. Top9.com may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that Top9.com may bar any further access to such files or the Service. Further, you agree that Top9.com shall not be liable to you or any third-party for any termination of the Service.
12. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Top9.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Top9.com has no control over such sites and resources, you acknowledge and agree that Top9.com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Top9.com shall not be 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 or through any such site or resource.
14. TOP9'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Top9.com or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service, in whole or in part.
15. DISCLAIMER OF WARRANTIES
You expressly understand and agree that: a. Your use of the service is at your sole risk. The service is provided on an "as is" and "as available" basis. Top9.com expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. B. Top9.com makes no warranty that (i) the service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, and (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations. C. Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. D. No advice or information, whether oral or written, obtained by you from top9.com or through or from the service shall create any warranty not expressly stated in the tos.
16. LIMITATION OF LIABILITY
You expressly understand and agree that top9.com shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if top9.com has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained from the service; (iii) statements or conduct of any third party on the service; or (iv) any other matter relating to the service.
17. EXCLUSIONS AND LIMITATIONS
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above may not apply to you.
Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service.
19. TRADEMARK INFORMATION
Top9, the Top9.com logo, Top9.com, Hot9, the Hot 9 design, Top 9 Saves Time, The Internet's Popularity Search Directory, Taming the Web, Surfers' Choice, Surfers' Choice Awards, Search Made Simple, "No Typing, Just Click", "The Search is Over", "The Search Ends Here" and other Top9.com logos, slogans, products and service names are trademarks of Omega World Travel. (the "Top9.com Marks"). Without Top9's prior permission, you agree not to display or use in any manner, the Top9.com Marks.
20. COPYRIGHTS and COPYRIGHT AGENTS
Top9.com respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Top9's Copyright Agent the following information:
1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; 2. a description of the copyrighted work that you claim has been infringed; 3. a description of where the material that you claim is infringing is located on the site; 4. your address, telephone number, and email address; 5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; 6. 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.
Top9's Copyright Agent for Notice of claims of copyright infringement on its site is Barry Roberts who can be reached as follows: By mail:
Barry Roberts Roberts & Hundertmark, LLP 35 Wisconsin Circle Suite 350 Chevy Chase, MD 20815-7015 By phone: (301) 656-3395 By email: copyright@Top9.com
21. GENERAL INFORMATION
The TOS constitute the entire agreement between you and Top9.com and govern your use of the Service, superceding any prior agreements between you and Top9. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The TOS and the relationship between you and Top9.com shall be governed by the laws of the State of Virginia without regard to its conflict of law provisions. You and Top9.com agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Fairfax, Virginia. The failure of Top9.com to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
Please report any violations of the TOS to our Webmaster, at firstname.lastname@example.org
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