Introduction
- Please read this TopList4i Agreement carefully before attempting to register
(and/or download) with the service, online materials, databases, tools, software
and information available on the website or through the TopList4i Service operated by
Search4i (“Search4i”, TopList4i, “we” or “us”).
- By clicking the “I Accept” button at the bottom of these terms and
conditions and registering with TopList4i you agree to be legally bound by these
terms and conditions as they may be modified and posted on our website from time
to time.
- If you do not wish to be bound by these terms and conditions then you may not
register with TopList4i or download any material.
- Our website describes TopList4i in more detail.
- Please note that you must be over 13 years to use TopList4i.
Conditions of use of TopList4i
- When your registration application is accepted, TopList4i grants you a non-exclusive,
non-transferable license to use TopList4i for the duration of the registration
period, i.e. until you or TopList4i terminates your membership with TopList4i.
This license to use the materials, databases, software, tools and information made
available through TopList4i (“Materials”) is granted on the terms
and conditions of this TopList4i Agreement.
- In relation to TopList4i:
- you may download, store and make use of the Materials electronically a computer
by a single person.
- you may not:
(a) Download, store, reproduce, transmit, display, copy, distribute or use of the
Materials other than in accordance with sub-clause
(b) sub-license, rent, lease, transfer or attempt to assign the rights in the Materials
to any other person;
(c) make the Materials available on a network;
(d) use the Materials in any manner, or transfer or export the Materials or any
copies into any country; or
(e) allow any other person to use the Materials other than in accordance with the
terms and conditions of this TopList4i Agreement.
- The Materials are made available to you solely for your private, personal and
non-commercial use, and may not be re-sold, rented or otherwise be financially exploited.
- You may not use the TopList4i service and the Materials for any purpose which
may be deemed illegal in any jurisdiction.
- We may terminate or suspend your membership with TopList4i at any time if
you are found in breach of any of these terms.
Payment
We may, at any time, change these terms and conditions and require you to submit
payment for continuing to use the Materials.
Warranties
We warrant that
• we have a right to license the Materials to you; and
• we will take reasonable steps for the provision of the
TopList4i service.
If you have any complaints you should direct them to us via Contact Us Form
Modifications
We reserve the right to alter, suspend or discontinue any aspect of the Materials
or TopList4i, including your membership to it. Unless explicitly stated any
new features will be subject to these terms and conditions.
Information you provide
The following applies to any information you provide to us, for example during any
registration process:
You authorize us to use, store or otherwise process any personal information which
relates to and/or identifies you to the extent reasonably necessary to provide the
services which are available through TopList4i by us or our sub-contractors
(“the Purposes”). All such information collected by us shall be referred
to in these terms and conditions as “Personal Information”. You must
ensure that the Personal Information you provide is accurate and complete and that
all registration details contain you correct name, address and other requested details.
For more information about how we deal with your Personal Information please read
our Privacy Policy.
Please note that the Personal Information will be available and visible to other
users and/or members of the TopList4i service.
By accepting these terms and conditions, you agree to the processing and disclosure
of the Personal Information for the Purposes. You also agree that the Purposes may
be amended to include other uses or disclosures of Personal Information following
notification to you by means of a notice on our website, which you should check
regularly. If you would like to review or modify any part of your Personal Information
then you should contact us.
Security
You are solely responsible in all respects for all use of and for protecting the
confidentiality of any username and password that may be given to you or selected
by you for use of the TopList4i service. You may not share these with or transfer
them to any third party. You must notify us immediately of any unauthorized use
of them or any other breach of security regarding TopList4i that comes to your
attention.
Applicability of Materials
TopList4i and our website is controlled and operated by us from our offices.
Where Materials or other material is published through the TopList4i service
and are supplied by third parties you understand that we do not control or endorse
their contents in any way. All Materials or other material which are offered by
third parties is published in good faith but we do not accept responsibility for
the timing, the accuracy or otherwise of those Materials (on or off-line) and the
use of those Materials. You assume total responsibility and risk for your use of
the Materials and the TopList4i service.
TopList4i makes no warranties, express or implied that making the Materials.
TopList4i makes no representations whatsoever about any other websites which
you may access through TopList4i. When you access any other website you understand
that it is independent from TopList4i and that we have no control over the content
or availability of that website. In addition, a link to any other website does not
mean that TopList4i endorses or accepts any responsibility for the content,
or the use of, such a website and shall not be liable for any loss or damage caused
or alleged to be caused by or in connection with the use of or reliance on any content,
goods or services available on or through any other website or resource. Any concerns
regarding any external link should be directed to its website administrator or webmaster.
Availability of TopList4i
- We try to make TopList4i available but cannot guarantee that TopList4i
will operate continuously or without interruptions or is error free and can accept
no liability for its unavailability. You must not attempt to interfere with the
proper working of TopList4i and, in particular, you must not attempt to circumvent
security, tamper with, hack into, or otherwise disrupt any computer system, server,
website, router or any other internet connected device.
Liability
- We exclude all express or implied terms, conditions, warranties, representations
or endorsements whatsoever with regard to the Materials, TopList4i, our website
or any information or service provided through us.
- In relation to the provision of the TopList4i service, we accept no liability
for any loss or damage or for any loss of data, profit, revenue or business (whether
direct or indirect), however caused, even if foreseeable. In circumstances where
you suffer loss or damage arising out of or in connection with the viewing, use
or performance of TopList4i or the Materials, we accept no liability for this
loss or damage whether due to inaccuracy, error, omission or any other cause and
whether on the part of TopList4i or our servants, agents or any other person.
- You are responsible for ensuring that your computer system meets all relevant
technical specifications necessary to use TopList4i and the Materials and is
compatible with our website. You also understand that we cannot and do not guarantee
or warrant that any of the Materials available for downloading will be free from
infection, viruses and/or other code that has contaminating or destructive properties.
You are responsible for implementing sufficient procedures and virus checks to satisfy
your particular requirements for the accuracy of data input and output.
General
- We may assign, transfer or subcontract any or all of our rights and obligations
under these terms and conditions at any time.
- We may alter these terms and conditions from time to time and post the new version
on our website, following which all use of TopList4i will be governed by that
version.
- We may alter any of the Materials from time to time and post the new version on
our website and you should always update to the newest version of the Materials.
- These terms and conditions together with the Privacy Policy, any membership request
form and payment method instructions, if any, are the whole agreement between you
and TopList4i.
- If any provision or term of these terms and conditions shall become or be declared
illegal, invalid or unenforceable for any reason whatsoever, such term or provision
shall be divisible from the other terms and conditions and shall be deemed to be
deleted from them.
- Neither you nor TopList4i will be held liable for any failure to perform any
obligation to the other due to causes beyond your or TopList4i respective reasonable
control.
- Failure by either party to exercise any right or remedy under this agreement does
not constitute a waiver of that right or remedy.
Notices
- All notices shall be given:
• To us via email at [email] or
• To you at either the email or postal address you provide during any registration
process.
Notice will be deemed received when an email is received in full (or else on the
next business day if it is received on a weekend or a public holiday in the place
of receipt) or 3 days after the date of posting.
You agree not to post, email, or otherwise make available Content:
• that is unlawful, harmful, threatening, abusive, harassing,
defamatory, pornographic, libelous, invasive of another's privacy, or harms minors
in any way;
• that harasses, degrades, intimidates or is hateful toward
an individual or group of individuals on the basis of religion, gender, sexual orientation,
race, ethnicity, age, or disability;
• that impersonates any person or entity, including, but
not limited to, a TopList4i employee, or falsely states or otherwise misrepresents your
affiliation with a person or entity;
• that includes personal or identifying information about
another person without that person's explicit consent.
• that is false, deceptive, misleading, deceitful, or misinformative.
• that infringes any patent, trademark, trade secret, copyright
or other proprietary rights of any party, or Content that you do not have a right
to make available under any law or under contractual or fiduciary relationships.
• that constitutes or contains "affiliate marketing,"
"link referral code," "junk mail," "spam," "chain
letters," "pyramid schemes," or unsolicited commercial advertisement.
• that constitutes or contains any form of advertising or
solicitation if (1) posted in areas of TopList4i sites which are not designated for such
purposes; or (2) emailed to TopList4i users who have requested not to be contacted about
other services, products or commercial interests.
• that includes links to commercial services or web sites,
except as allowed in "services".
• that advertises any illegal services or the sale of any
items the sale of which is prohibited or restricted by applicable law, including
without limitation items the sale of which is prohibited or regulated by California
law.
• that contains software viruses or any other computer code,
files or programs designed to interrupt, destroy or limit the functionality of any
computer software or hardware or telecommunications equipment;
• that disrupts the normal flow of dialogue with an excessive
number of messages to the Service, or that otherwise negatively affects other users'
ability to use the Service; or
• that employs misleading email addresses, or forged headers
or otherwise manipulated identifiers in order to disguise the origin of Content
transmitted through the Service.
Replacement
These terms and conditions replace all other terms and conditions previously applicable
to the provision of TopList4i.
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All product and company names and logos contained within our website or through
TopList4i are the trade marks or trade names of their respective owners, including
us.