Acceptance of Terms; Legal Compliance
We further reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Materials and/or Services (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of our Materials and/or Services (or any part thereof).
The words "user", "users", or "you" and all other words that may be considered to have a similar meaning, appearing within this Agreement means at any time an individual (or individuals) or any party (or parties) who "use" or "using" the Site at any time by directly or indirectly, with or without the aid of a appliance, device or machine, doing or trying to access, interacting with the Site in any way, transmitting, extracting or exchanging data or communicating with the Site, contributing of any type of content, information or other materials, or in any way using, obtaining benefits, interacting with any function, service or feature of the Site, for any purpose whatsoever.
All user-supplied content, information, materials, files, communications, documents, text and images are referred to collectively as "User Content." "Our Content" or "TopHashtags Content" means all materials provided by us. The terms and conditions expressed in this agreement apply to all users and visitors of this Site, and we may refer to all Site users as "you" or "your/s" in this Agreement.
Intellectual Property; Limited License
Except as expressly provided herein, we do not grant any express or implied rights to use the Materials and Services.
You agree not to copy, republish, frame, download, compile, transmit, modify, assign, distribute, or create derivative works based on the Site, its Materials, or its Services or their selection and arrangement, except as expressly authorized herein.
In addition, you agree not to use any data mining, robots, or similar data gathering and extraction methods in connection with the Site or the data listed on the Site.
Third Party Products and Services
In addition to the Materials and Services offered by us, this Site may make available materials, links, information, products and/or services provided by third parties (collectively, the "Third Party Products and Services"). The Third Party Products and Services are governed by separate agreements that accompany such products or services. We offer no guarantees and assume no responsibility or liability of any type with respect to the Third Party Products and Services. You agree that you will not hold us responsible or liable with respect to the Third Party Products and Services or seek to do so. You further understand and agree that all dealings with individuals and entities accessed through the Site is at your own risk. We do not screen any of our Site advertisers and make no representations whatsoever about the trustworthiness, credibility, honesty or competence of any such party.
Your Use of Site Content
Except as expressly indicated to the contrary elsewhere on this Site, you may use, view, and download Our Content and User Content available on this Site subject to the following conditions:
- Our Content and User Content may be used solely for personal and internal purposes. You may not commercially exploit any of the Site content without express permission from us.
- You may not compile information on the Site for purposes of making such information available to the public, whether commercially or otherwise.
- You may not reproduce, duplicate, copy, sell, trade, resell or exploit the Site's content for any commercial use, whether or not for financial or any other form of compensation, unless you have the prior written permission and authorization of TopHashtags.
- Our Content and User Content may not be modified or altered in any way except by the user who submitted such content or by us.
- You may not remove any copyright or other proprietary notices contained in Our Content or User Content.
- We reserve the right to revoke the authorization to view and use Our Content and User Content available on the Site or any portion of it at any time, and any such use shall be discontinued immediately upon notice from us.
- The rights granted to you constitute a license and not a transfer of title.
- Site Elements and Database Compilation
The rights specified above to view and use Our Content and User Content available on this Site are not applicable to the design or layout of this Site. Elements of this Site are protected by trade dress and other laws and may not be copied or imitated in whole or in part.
The trademarks, logos, and service marks, including the "TopHashtags" trademark (the "Marks") displayed on this Site are the property of TopHashtags or other third parties. You are not permitted to use the Marks without the prior written consent of TopHashtags or such third party that may own the Mark.
License to TopHashtags For User Content
Our Site accommodates User Content, including without limitation, by allowing our users to submit and add information to our database. By submitting User Content to or through the Site you grant us the following type of license: a perpetual, worldwide, royalty-free, non-exclusive license to modify and reproduce such User Content. You also grant us the right to distribute and publicly display and perform such User Content on the Site. You also grant us a worldwide, perpetual, royalty-free, non-exclusive license to modify, compile, reproduce, sell, license and distribute such User Content without notice or compensation to you. You understand that we will have the right to use, reproduce, sell, sublicense and generally monetize the User Content you upload to the Site, and you expressly agree to such use by us with no compensation or royalties to you. You agree that you will not submit any User Content to the Site that is in any manner infringing, untrue, or defamatory.
Digital Millennium Copyright Act
Our Site is committed to complying with U.S. copyright laws.
The Digital Millennium Copyright Act ("DMCA") provides recourse for owners of copyrighted material who believe that their rights under U.S. copyright laws have been infringed on the Internet. Under the DMCA, copyright owners may contact the authorized agent of an Internet service provider to report alleged infringements of their protected works appearing on web pages hosted by the service provider. Upon receipt of a properly filed complaint satisfying the requirements of the DMCA, TopHashtags will remove or block access to the allegedly infringing material. If a person believes in good faith that a notice of copyright infringement has been wrongly filed, such person may submit a counter-notice to us. In any event, we shall not be made a party to disputes over alleged copyright infringement.
If you are a copyright owner or an agent thereof and believe that any User Content or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing us with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail; A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. You may send the notification to firstname.lastname@example.org.
Personal Information and Privacy
Limitation of Liability
IN NO EVENT SHALL TopHashtags OR ITS OFFICERS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY UNDER ANY CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR UNDER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SITE AND ANY OF THE MATERIALS OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Indemnity and Liability
This Agreement is governed in all respects by the laws of the State of New Jersey without regard to conflict of laws provisions. Any controversy or claim shall be litigated on an individual basis, and shall not be consolidated in any litigation with any claim or controversy of any other party.
Please report any violations of the Terms and Conditions to our customer service by email to email@example.com with "Terms Violations" subject.