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Topworld Terms and Agreement Policy
Topworld.com website is an online network that allows members to express themselves by publishing (hereinafter "posting" a personal profile web pages, photos, blogs and by posting comments on web pages (hotels and adventures on each destinations), photos and blogs of other members. If you wish to become a Top Traveler and communicate with other travelers and make use of the Topworld Service, read these Terms and Service (this "Agreement"). You must read this Agreement and indicate your acceptance of its terms by following the instructions on the "Sign Up" page and checking the box labeled "I agree to Topword’s Terms and Conditions."
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. www.topworld.com MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
Much of the information you post on Topworld or provide to other Travelers can be accessed by the general public. Use caution in determining what information you post. Photographs that you post may not contain nudity, violence, or offensive subject matter. Information provided by other Members (for instance, in their Profile) may contain inaccurate, inappropriate or offensive material, products or services and Topworld assumes no responsibility or liability for this material.
Topworld reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including email) by you, or to restrict, suspend, or terminate your access to all or any part of the Web site and/or Services at any time, for any or no reason, with or without prior notice, and without liability.
- Eligibility. Register as a Member or create a Fan Profile. Use of the Website and membership in the Service are void where prohibited. By agreeing to these terms or by using the Website, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. Your Traveler Membership is solely for your personal use, and you shall not authorize others to use your account, including your profile or email address. You are solely responsible for all Content published or displayed through your account, including any email messages, and for your interactions with other travelers.
- Term. This Agreement will remain in full force and effect while you use the Website and/or are a Traveler. You may terminate your membership at any time for any reason by following the instructions on the Delete Account page in Account Settings. We may terminate your membership for any reason at any time. If you are using a paid version of the Service and we terminate your membership in the Service because you have breached this Agreement, you will not be entitled to any refund of unused subscription fees. Topworld Terms of Use and/or subscription fees that were provided to you at registration may change from time to time. By using the Service and by becoming a Member, you acknowledge that Topworld reserves the right to charge for the Service and has the right to terminate a Member's Membership should Member breach this Agreement or fail to pay for the Service, as required by this Agreement.
- Non Commercial Use by Members. The Web site is for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by the management of Topworld. Organizations, companies, and/or businesses may not become Members and should not use the Service or the Web site for any purpose not authorized in writing by Topworld. Illegal and/or unauthorized use of the Web site, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Web site will be investigated. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from member profiles without notice and may result in termination of membership privileges. Appropriate legal action will be taken by Topworld for any illegal or unauthorized use of the Web site.
- Non Commercial Use by Members. The Web site is for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by the management of Topworld. Organizations, companies, and/or businesses may not become Members and should not use the Service or the Web site for any purpose not authorized in writing by Topworld. Illegal and/or unauthorized use of the Web site, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Web site will be investigated. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from member profiles without notice and may result in termination of membership privileges. Appropriate legal action will be taken by Topworld for any illegal or unauthorized use of the Web site.
- Proprietary Rights in Content on Topworld. Topworld owns and retains all proprietary rights in the Web site and the Service. The Web site contains copyrighted material, trademarks, service marks and other proprietary information of Topworld and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
- Content Posted on the Site
- You understand and agree that Topworld may review and delete any content, messages, comments, photos or profiles (collectively, "Content") that in the sole judgment of Topworld violate this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any Member.
- You are solely responsible for the Content that you publish or display, or post on the Service or any material or information that you transmit to other Members.
- By posting any Content to the public areas of Topworld, you hereby grant to Topworld the irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, publicly perform, display and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.
- You represent and warrant that:
- you own the Content posted by you on the Web site or otherwise have the right to grant the license set forth in this section, and
- your Content does not violate the privacy rights, publicity rights, copyright rights, or other intellectual property rights of any person. You agree to pay for all royalties and fees owing any person by reason of any Content you post on the Web site.
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The following is a partial list of the kind of Content that is illegal or prohibited on the Web site. Topworld reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the membership of such violators. Prohibited Content includes Content that:
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is patently offensive and promotes racism, bigotry and hatred or physical harm of any kind against any group or individual;
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or advocates harassment of another person;
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involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming";
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promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
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promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
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contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
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displays pornographic or sexually explicit material of any kind;
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provides material that exploits people under the age of 20 in a sexual or violent manner, or solicits personal information from anyone under 20;
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provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
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solicits passwords or personal identifying information for commercial or unlawful purposes from other users; or
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involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
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for band profiles, uses sexually suggestive imagery or any other unfair, misleading or deceptive content intended to draw traffic to the profile.
Even though all of this is strictly prohibited, there is a small chance that you might become exposed to such items and you further waive your right to any damages (from any party) related to such exposure. You must use the Service in a manner consistent with any and all applicable laws and regulations.
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You may not include in your Member profile any telephone numbers, street addresses, last names, URLs or email addresses.
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You may not engage in advertising to, or solicitation of, any Member to buy or sell any products or services through the Service. You may not transmit any chain letters or junk email to other Members. Although Topworld cannot monitor the conduct of its Members off the Web site, it is also a violation of these rules to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, Topworld reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which Topworld deems appropriate in its sole discretion.
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You may not cover or obscure the banner advertisements on your personal profile page, or any Topworld page via HTML/CSS or any other means.
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Any automated use of the system, such as using scripts to add buddies, or to register users is prohibited.
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You may not attempt to impersonate another user or person who is not a member of Topworld.
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You may not use the account, username, or password of another Member at any time nor may you disclose your password to any third party or permit any third party to access your account. You may not sell or otherwise transfer your profile.
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Copyright Policy. You may not Post, distribute or reproduce in any way any copyrighted material, trademarks or service marks or other proprietary information owned by another party without obtaining the prior written consent of the copyright owner. If you believe that your work has been copied and Posted on the Website without your permission or in any other way that constitutes copyright infringement, please contact us.
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Topworld Disputes. You are solely responsible for your interactions with other Topworld Members. Topworld International, Inc. reserves the right, but has no obligation, to monitor disputes between you and other Members.
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Privacy. Use of the Web site and/or the Service is also governed by our Privacy Policy.
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Disclaimers
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We are not responsible for any incorrect or inaccurate Content Posted on the Website or in connection with the Service, whether made or caused by users of the Website, Members, our advertisers or corporate partners or by any of the equipment or programming associated with or utilized in the operation of the Website or the Service.
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WE ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY MEMBER OR OTHER USER OF THE WEBSITE. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY LOSS, LIABILITY OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH OR PROPERY DAMAGE, RESULTING FROM OR ARISING OUT OF ANYONE'S USE OF THE WEBSITE OR THE SERVICE, ANY CONTENT POSTED ON THE WEBSITE OR TRANSMITTED TO MEMBERS OR OTHER USERS OR ANY INTERACTIONS BETWEEN OR AMONG MEMBERS OR OTHER USERS OF THE WEBSITE, WHETHER ONLINE OR OFFLINE.
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Limitation on Liability. IN NO EVENT SHALL TOPWORLD BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE WEB SITE OR THE SERVICE, EVEN IF TOPWORLD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TOPWORLD'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO AMOUNT PAID, IF ANY, BY YOU TO TOPWORLD FOR THE SERVICE DURING THE TERM OF MEMBERSHIP.
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Other. You will be deemed to have accepted the terms of this Agreement upon use of the Website or by becoming a Member. This Agreement, together with our Privacy Policy, and any notices regarding the Website or the Service sent to you or posted on the Website, all of which are incorporated herein by this reference, contains the entire agreement between you and us regarding the use of the Website or the Service. Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is held invalid or unlawful, the remainder of this Agreement shall continue in full force and effect unless such deletion materially frustrates the intent of the parties, in which case this Agreement will terminate.
Please contact us with any questions regarding this Agreement.
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