Top Terms of Service
Last Updated: October 16, 2017
Welcome to Top, operated by Velvetas LT, MB (the "Company" or "Top").
By accessing or using the Services, you accept this Agreement and agree to the terms, conditions, and notices contained or referenced herein and consent to have this Agreement and all notices provided to you in electronic form. To withdraw this consent, you must cease using the Services and terminate your account. Please print a copy of this Agreement for your records. This Agreement may be modified by the Company, from time to time, with such modifications to be effective upon posting by the Company in the Service.
3. License Grant and Restrictions on Use
License Grant. The Company grants you a revocable, non-exclusive, non-transferable, limited right to access and use the Services, install and use the Application on a Mobile Device owned and controlled by you, strictly in accordance with the terms and conditions of this Agreement, the Usage Rules, and any service agreement associated with your Mobile Device (the Usage Rules and any service agreement associated with your Mobile Device are collectively "Related Agreements").
Restrictions on Use. You shall use the Application and Services in accordance with the terms of this Agreement and Related Agreements, and shall not: (a) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the Application or Services; (b) make any modifications, adaptation, improvement, enhancement, translation, or derivative work from the Application or Services; (c) violate any applicable laws, rules, or regulations in connection with your access or use of the Application or Services; (d) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) of the Company or its affiliates, partners, suppliers or the licensors of the Application and Services; (e) use the Application or Services for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (f) use the Application or Services for creating a product, service, or software that is directly, or indirectly, competitive with or in any way a substitute for any services, product, or software offered by the Company; (g) use the Application or Services to send automated queries to any website or mobile device or to send any unsolicited commercial e-mail; or (h) use any proprietary information or interfaces of the Company or other intellectual property of the Company in the design, development, manufacture, licensing, or distribution of any applications, accessories or devices for use with the Application or Services.
4. Restriction on Transfer
You may not rent, lease, lend, sublicense or transfer the Application or Services, this Agreement or any of the rights granted hereunder. Any attempted transfer in contravention of this provision shall be null and void and of no force or effect.
No part of Top or the Application or Services are directed to persons under the age of 13. You must be at least 13 years of age to access and use the Services. Any use of the Services are void where prohibited. By accessing and using the Application and Services, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all the terms and conditions of this Agreement. If you create an account, you represent and warrant that you have never been convicted of a felony and that you are not required to register as a sex offender with any government entity. Using the Application and/or Services may be prohibited and restricted in certain countries. If you use the Application or Services outside of Lithuania, you are responsible for complying with the laws and regulations of the territory from which you access or use the Services or Application.
6. Creating an Account
Account registration requires you to submit to Top certain personal information, such as your name, mobile phone number and your profile picture. You agree to maintain accurate, complete, and up-to-date information in your account. Your failure to maintain accurate, complete, and up-to-date account information, including your real name, may result in your inability to access or use the Services. You are responsible for all activity that occurs under your account, and you agree to maintain the security of your phone number access at all times.
You shall not (or attempt to) purchase, sell, rent or give away your account, create an account using a false identity or information, or on behalf of someone other than yourself. You shall not use the Services if you have previously been removed by Top, or previously been banned or blocked from using Services.
You are responsible for any mobile charges that you may incur for using our Services, including text-messaging and data charges. If you’re unsure what those charges may be, you should ask your service provider before using the Services. In the event you change or deactivate your mobile phone number, you will update your account information on Top within 72 hours to ensure that the person who acquires your old number can not login to your account.
7. Non-commercial Use by Users
The Services are for personal use only. In addition to other restrictions outlined in this Agreement, Users may not use the Services or any content contained in the Services (including, but not limited to, content of other users, designs, text, graphics, images, video, information, logos, software, audio files and computer code) in connection with any commercial endeavors, such as (i) advertising or soliciting any user to buy or sell any products or services. Organizations, companies, and/or businesses may not use the Services for any purpose without the express written consent of the Company. The Company may investigate and take any available legal action in response to illegal and/or unauthorized uses of the Application and/or Services.
8. Account Security
You are responsible for the maintenance of the security of your phone number you designate during the registration process, and you are solely responsible for all activities that occur under phone number account. You agree to notify the Company of any disclosure or unauthorized use of your phone number or account or any breach of security at and ensure that you log out from your account at the end of each session.
The Company may apply security technologies and procedures to help protect against unauthorized access or use of the Services, however, you, and not the Company, are responsible for maintaining and protecting all of your Content (hereinafter defined), which may include the use of encryption technology to protect your Content from unauthorized access. You are solely responsible for backing up your Content and we recommend you do so regularly and frequently. You may backup your Content to your own or a third party system, but we have no obligation to hold, export or return your Content. The Company will not be liable for any loss or corruption of your Content, or for any costs or expenses associated with backing up or restoring any of your Content.
9. Intellectual Property Rights
Rights to Application and Services. You acknowledge and agree that the Application and Services, and all copyrights, patents, trademarks, trade names, service marks, trade secrets, and other intellectual property rights associated therewith are, and shall remain, the property of the Company. Furthermore, you acknowledge and agree that the source and object code of the Application and Services, and the format, directories, queries, algorithms, structure and organization of the Application and Services are the intellectual property and proprietary and confidential information of the Company and its affiliates, licensors, and suppliers. Except as expressly stated in this Agreement, you are not granted any intellectual property rights in or to the Application or Services by implication, estoppels, or other legal theory, and all rights in and to the Application and Services not expressly granted in this Agreement are hereby reserved and retained by the Company. You agree not to copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted materials, trademarks, trade names, service marks, or other intellectual property or proprietary information accessible through the Services, without first obtaining the prior written consent of the Company or, if such property is not owned by the Company, the owner of such intellectual property or proprietary rights. You agree to not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices.
THE COMPANY IS A TECHNOLOGY SERVICES PROVIDER AND DOES NOT LICENSE OR OFFER ANY RIGHTS OR PERMISSIONS TO YOU TO ACCESS ANY THIRD PARTY CONTENT AND SERVICES (HEREINAFTER DEFINED) VIA THE SERVICES. You are not permitted to and you will not, via the Services, download, save, record, make copies from any stream or otherwise, publicly broadcast or publicly perform any Third Party Content and Services, or attempt to do any of the foregoing.
Third Party Software. The Application and/or Services may utilize or include third party software that is subject to open source and third party license terms ("Third Party Software"). You acknowledge and agree that your right to use such Third Party Software as part of the Application and/or Services is subject to and governed by the terms and conditions of the open source or third party license applicable to such Third Party Software, including without limitation, any applicable acknowledgements, license terms, and disclaimers contained therein. In the event of a conflict between the terms of this Agreement and the terms of such open source or third party license, the terms of the open source or third party licenses shall control with regard to your use of the relevant Third Party Software. In no event, shall the Application, Services, or components thereof be deemed to be "open source" or "publically available" software.
Company's Marks. You are not authorized to use the Company trademarks in any advertising, publicity, or in any commercial manner without the prior written consent of the Company, which may be withheld for any or no reason.
Infringement Acknowledgement. You and Company acknowledge and agree that, in the event of a third party claim that the Application and/or Services, or your possession or use of the Application and/or Services infringes any third party's intellectual property rights, you (and not Company) will be responsible for the investigation, defense, settlement, and discharge of any such claim of intellectual property infringement. You will, however, promptly notify Company in writing of such a claim.
Feedback. The Company may use any ranks, likes, feedback, comments, or suggestions you send or post in Top Application or forums without any obligation to you and you hereby grant the Company a worldwide, perpetual, irrevocable, royalty-free license to reproduce, display, perform, distribute, publish, modify, edit or otherwise use such feedback as the Company deems appropriate, for any and all commercial and/or non-commercial purposes, in its sole discretion.
10. Your Interaction With Other Users
You are solely responsible for your interactions with other users. You understand that the Company does not conduct criminal background checks or screening on its users. The Company also does not inquire into the backgrounds of its users or attempt to verify any statements of its users. The company makes no representations or warranties as to the conduct of users or their conduct with any current or former users.
The Company is not responsible for the conduct of any user. In no event shall the Company, its affiliates or partners be liable (directly or indirectly) for any losses or damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Service including, without limitation, death, bodily injury, emotional distress, and/or any other damages resulting from communications in any form with any other users of the Services and/or Application.
11. Content Posted By You in Services
You are solely responsible for the content and information you post, upload, publish, link to, transmit, record, display, stream, or otherwise make available (collectively termed hereinafter as "Post") on the Services or Application, or transmit to other users, including text messages, chat, videos (including streaming videos), photographs, or profile text, whether publicly or privately transmitted or Posted (collectively, "Content"). You may not Post as part of the Services, or transmit to the Company or any other user (either on or off the Services), any offensive, inaccurate, incomplete, abusive, obscene, profane, threatening, intimidating, harassing, racially offensive, or illegal material, or any material that infringes or violates another person's rights (including intellectual property rights, and rights of privacy and publicity). You represent and warrant that (i) all information that you submit upon creation of your account, is accurate and truthful and that you will promptly update any information provided by you that subsequently becomes inaccurate, incomplete, misleading or false and (ii) you have the right to Post the Content on the Services and grant the licenses set forth below.
The Company prohibits copyright infringement or the infringement of other intellectual property rights through the Services or Application. The Company respects the copyright and other rights of content owners and requires you to do the same when using the Services or Application. Accordingly, you understand that all Content you stream through the Services or Application is your sole responsibility. You affirm, represent and warrant that you own or have the necessary licenses, rights, cons ents and permissions to stream any Content on, through or to the Services or Application. You further agree that Content you stream, through or to the Services or Application will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have the necessary permissions from the rightful owner of the material. In particular, and without limitation, before streaming Content through the Services or Application which originates from a third party website, application or service, you must first ensure that you have the right to do so in accordance with the terms and conditions for such website, application or service.
You understand and agree that the Company may, but is not obligated to, monitor or review any Content you post as part of the Services or Application. The Company may delete any Content, in whole or in part, that in the sole judgment of the Company violates this Agreement or may harm the reputation of the Services or Application, or the Company.
By Posting Content as part of the Services or Application, you automatically grant to the Company, its affiliates, licensees and successors, an irrevocable, perpetual, non- exclusive, transferable, sub-licensable, fully paid-up, worldwide right and license to (i) use, copy, store, perform, display, reproduce, record, play, adapt, modify and distribute the Content, (ii) prepare derivative works of the Content or incorporate the Content into other works, and (iii) grant and authorize sublicenses of the foregoing in any media now known or hereafter created. You represent and warrant that any Posting and use of your Content by the Company will not infringe or violate the rights of any third party.
In addition to the types of Content described above, the following is a partial list of the kind of Content that is prohibited in the Services. You may not Post Content that:
promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
advocates harassment or intimidation of another person;
requests money from, or is intended to otherwise defraud, other users of the Services;
involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming" (or "spimming", "phishing", "trolling" or similar activities);
promotes information that is false or misleading, or promotes illegal activities or conduct that is defamatory, libelous or otherwise objectionable;
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 images, audio or video, or links to pirated images, audio or video files;
contains video, audio photographs, or images of another person without his or her permission (or in the case of a minor, the minor’s legal guardian);
contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
provides material that exploits people in a sexual, violent or other illegal manner, or solicits personal information from anyone under the age of 18;
provides instructional information about illegal activities such as making or buying illegal weapons or drugs, violating someone’s privacy, or providing, disseminating or creating computer viruses;
contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices;
impersonates, or otherwise misrepresents affiliation, connection or association with, any person or entity;
provides information or data you do not have a right to make available under law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information);
disrupts the normal flow of dialogue, causes a screen to "scroll" faster than other users are able to type, or otherwise negatively affects other users’ ability to engage in comments and real time exchanges;
solicits passwords or personal identifying information for commercial or unlawful purposes from other users or disseminates another person’s personal information without his or her permission; and
publicizes or promotes commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes
The Company reserves the right, in its sole discretion, to investigate and take any legal action against anyone who violates these provisions, including removing the offending communication from the Services and/or Application, and terminating or suspending the account of such violators.
Your use of the Services and Application, including all Content you Post through the Services must comply with all applicable laws and regulations. You agree that the Company may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, such as to: (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service or allow you to use the Services in the future; or (v) protect the rights, property or personal safety of the Company or any other person.
12. Prohibited Activities
The Company reserves the right to investigate, suspend, and/or terminate your account if you have misused the Services and/or Application, or behaved in a way that the Company regards as inappropriate or unlawful . In addition to the other restrictions outlined in this Agreement, the following is a partial list of the type of actions that you may not engage in with respect to the Services and/or Application. You will not:
impersonate any person or entity;
solicit money from any users;
Post any Content that is prohibited by Section above;
"stalk" or otherwise harass any person;
express or imply that any statements you make are endorsed by the Company without our specific prior written consent;
use the Services in an illegal manner or to commit an illegal act;
access the Services in a jurisdiction in which it is illegal or unauthorized;
ask or use users to conceal the identity, source, or destination of any illegally gained money or products;
use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the Services or its contents;
collect usernames, phone numbers and/or email addresses of users by electronic or other means for the purpose of sending unsolicited message, email or unauthorized framing of or linking to the Services;
interfere with or disrupt the Services or the servers or networks connected to the Services;
email or otherwise transmit any material 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;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through the Services (either directly or indirectly through use of third party software);
"frame" or "mirror" any part of the Services, without the Company's prior written authorization;
use meta tags or code or other devices containing any reference to the Company or the Services (or any trademark, trade name, service mark, logo or slogan of the Company) to direct any person to any other app or website for any purpose;
modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Services any software used on or for the Services, or cause others to do so;
post, use, transmit or distribute, directly or indirectly, (e.g. screen scrape) in any manner or media any Content or information obtained from the Services other than solely in connection with your use of the Services in accordance with this Agreement
During and after the term of this Agreement, you will not assert, nor will you authorize, assist, or encourage any third party to assert, against the Company or any of its affiliates, subsidiaries, agents, successors, assigns, customers, third party providers, licensors, and suppliers, and each of their respective officers, directors, employees, and representatives, any patent infringement or other intellectual property infringement or misappropriation claim regarding the Services or Content.
13. Use of Information
Consent to Use Information. You hereby authorize and consent to the collection, storage, use, and disclosure by Company and its affiliates, partners, and agents, of any information and data related to or derived from your use of the Application and Services, and any information or data that you provide to Company and its affiliates, partners and licensors ("Information"). Without limiting the generality of the foregoing, the Information shall include, without limitation, the following types of information and data, in an aggregate (not user level) form: search requests, search results, patterns, data and suggestions based on user actions. The Information will be treated as being non-confidential and nonproprietary, and Company assumes no obligation to protect confidential or proprietary information (other than personally identifiable information) from disclosure and will be free to reproduce, use, and distribute the Information to others without restriction. We will also be free to use any ideas, concepts, know-how, or techniques contained in the Information for any purpose whatsoever, including, without limitation, developing, manufacturing, and marketing products and services incorporating such Information.
15. Third Party Content and Services
General. You acknowledge that the Application and Services may permit access to products, services, websites, advertisements, promotions, recommendations, advice, information, and materials created and provided by advertisers, publishers, content partners, marketing agents, vendors and other third parties ("Third Party Content and Services").
Disclaimer. You acknowledge that the Company does not investigate, monitor, represent or endorse the Third Party Content and Services (including any third party websites available through the Services). Furthermore, your access to and use of the Third Party Content and Services is at your sole discretion and risk, and Company and its affiliates, partners, suppliers, and licensors shall have no liability to you arising out of or in connection with your access to and use of the Third Party Content and Services. Company hereby disclaims any representation, warranty or guaranty regarding Third Party Content and Services, whether express, implied or statutory, including, without limitation, the implied warranties of merchantability or fitness for a particular purpose, and any representation, warranty or guaranty regarding the availability, quality, reliability, features, appropriates, accuracy, completeness, or legality of the Third Party Content and Services.
Third Party Terms of Service. You acknowledge and agree that your access to and use of the Third Party Content and Services and any correspondence or business dealings between you and any third party using the Application or Services are governed by and require your acceptance of the terms of service of such third party, including, without limitation, any terms, privacy policies, conditions, representations, warranties or disclaimers contained therein. Furthermore, you acknowledge and agree that the Third Party Content and Services any and related third party terms of service are subject to change by the applicable third party at its sole discretion and without any notice. You assume all risks arising out of or resulting from your transaction of business over the Internet or Mobile Device and with any third party, and you agree that Company and its affiliates, partners, suppliers and licensors are not responsible or liable for any loss or result of the presence of information about or links to such advertisers or service providers. Furthermore, you acknowledge and agree that you are not being granted a license herein to (i) the Third Party Content and Services; (ii) any products, services, processes or technology described in or offered by the Third Party Content and Services; or (iii) any copyright, trademark, patent or other intellectual property right in the Third Party Content or Services or any products, services, processes or technology described or offered therein.
Endorsements. You acknowledge and agree that the provision of access to any Third Party Content or Services shall not constitute or imply any endorsement by Company or its affiliates of such Third Party Content and Services. The Company reserves the right to restrict or deny access to any Third Party Content and Services otherwise accessible through the Application or Services, although Company has no obligation to restrict or deny access even if requested by you.
Inappropriate Materials. You understand that by accessing and using the Third Party Content and Services, you may encounter information, materials, and subject matter (i) that you or others may deem offensive, indecent, or objectionable; (ii) which may or may not be identified as having explicit language, and (iii) that automatically and unintentionally appears in search results, as a link or reference to objectionable material. Notwithstanding the foregoing, you agree to use the Third Party Content and Services at your sole risk and that Company and its affiliates, partners, suppliers and licensors shall have no liability to you for information, material or subject matter that is found to be offensive, indecent, or objectionable.
Use of Third Party Content and Services. You agree that the Third Party Content and Services may contain proprietary information and material that is not owned by the Company and its affiliates, partners, suppliers and licensors and is protected by applicable intellectual property and other laws, including without limitation, pursuant to copyright, and that you will not use such proprietary information or materials in any way whatsoever except for permitted use of the Third Party Content and Services. No portion of the Third Party Content and Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Third Party Content and Services, in any manner, and you shall not exploit the Third Party Content and Services in any unauthorized way whatsoever, including, without limitation, by trespass or burdening network capacity. You agree that you will not use any Third Party Content and Services in a manner that would infringe or violate the rights of any party, and that the Company is not in any way responsible for any such use by you.
16. Term and Termination
Company may, in its sole and absolute discretion, at any time and for any or no reason, suspend or terminate this Agreement and the rights afforded to you hereunder with or without prior notice. The Company is not required to disclose, and may be prohibited by law from disclosing, the reason for the termination or suspension of your account. This Agreement will remain in effect and in full force while you use the Services and/or Application and/or have a Top account. The Company may suspend or terminate your account at any time without notice if the Company believes you have breached this Agreement, or for any other reason, with or without cause, in its sole discretion. Upon termination of your account, for any reason, all terms of this Agreement survive such termination, and continue in full force and effect, except for any terms that by their nature expire or are fully satisfied.
17. Modifications to Services and Application
The Company reserves the right at any time to modify or discontinue, temporarily or permanently, the Services and/or Application (or any part thereof) with or without notice. You agree that the Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services and/or Application. To protect the integrity of the Services and Application the Company reserves the right at any time in its sole discretion to block users from certain IP addresses, countries or regions from accessing the Services.
18. Copyright Policy
Top respects the intellectual property rights of others. If you believe that anything on the Services infringes any copyright that you own or control, you may file a notice of such infringement with our designated agent at . Please provide the following information with your notice:
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 Top to locate the material
A statement that the complaining party has 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
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
YOU ACKNOLWEDGE AND AGREE THAT THE APPLICATION, SERVICES AND CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND THAT YOUR USE OF OR RELIANCE UPON THE APPLICATION, SERVICES, CONTENT AND/OR ANY THIRD PARTY CONTENT AND SERVICES ACCESSED THEREBY IS AT YOUR SOLE RISK WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. YOU ARE SOLELY RESPONSIBLE FOR THE ACCURACY AND APPROPRIATENESS OF YOUR CONTENT AND ALL ACCOMPANYING DATA. TOP AND ITS AFFILIATES, PARTNERS, SUPPLIERS, AND LICENSORS HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND GUARANTIES REGARDING THE APPLICATION, CONTENT, SERVICES AND THIRD PARTY CONTENT AND SERVICES, WHETHER EXPRESS, IMPLIED OR STATUTORY, AND INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FURTHERMORE, TOP AND ITS AFFILIATES, PARTNERS, SUPPLIERS AND LICENSORES MAKE NO WARRANTY THAT (I)THE APPLICATION, CONTENT, SERVICES OR THIRD PARTY CONTENT AND SERVICES WILL MEET YOUR REQUIREMENTS; (II) THE APPLICATION, SERVICES, CONTENT OR THIRD PARTY CONTENT AND SERVICES WILL BE UNINTERRUPTED, ACCURATE, RELIABLE, TIMELY, SECURE, OR ERROR-FREE; (III) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL ACCESSED OR OBTAINED BY YOU THROUGH THE APPLICATION, SERVICES, CONTENT OR THIRD PARTY CONTENT AND SERVICES WILL BE AS REPRESENTED OR MEET YOUR EXPECTATIONS; OR (IV) ANY ERRORS IN THE APPLICATION, SERVICES, CONTENT, OR THIRD PARTY CONTENT OR SERVICES WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TOP OR FROM THE APPLICATION, CONTENT OR SERVICES SHALL CREATE ANY REPRESENTATION, WARRANTY OR GUARANTY. FURTHERMORE, YOU ACKNOWLEDGE THAT TOP HAS NO OBLIGATION TO CORRECT ANY ERRORS OR OTHERWISE SUPPORT OR MAINTAIN THE APPLICATION. ANY MATERIAL THAT IS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE APPLICATION OR SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR MOBILE DEVICE, COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE,OR LOSS OR CORRUPTION OF DATA THAT RESULTS OR MAY RESULT FROM THE DOWNLOAD OR ACCESS OF ANY SUCH MATERIAL. NEITHER TOP NOR ANY THIRD PARTY PROVIDERS, PARTNERS, OR AFFILIATES WARRANT THAT SERVERS, CONTENT, SERVICES, OR ANY E-MAIL SENT FROM THE SERVICES OR ANY THIRD PARTY PROVIDERS, PARTNERS, OR AFFILIATES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IF YOU DO NOT ACCEPT THIS LIMITATION OF LIABILITY, YOU ARE NOT AUTHORIZED TO DOWNLOAD OR OBTAIN ANY MATERIAL THROUGH THE SERVICES OR APPLICATION.
FURTHER, TOP MAKES NO REPRESENTATION OR WARRANTIES THAT THE APPLICATION, SERVICES OR THE CONTENT ARE APPROPRIATE OR AVAILABLE FOR USE IN ALL GEOGRAPHIC LOCATIONS. IF YOU USE THE APPLICATION, SERVICES, OR THE CONTENT OUTSIDE LITHUANIA, YOU ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS, INCLUDING WITHOUT LIMITATION, COPYRIGHT LAWS AND EXPORT, IMPORT, AND USE LAWS AND REGULATIONS OF OTHER COUNTRIES.
20. Limitation of Liability
IN THE EVENT OF ANY PROBLEM WITH THE APPLICATION, SERVICES, THE CONTENT OR THE THIRD PARTY CONTENT, YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY IS TO CEASE USING SUCH SERVICES, UNDER NO CIRCUMSTANCES SHALL TOP OR ITS AFFILIATES, PARTNERS, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS OR USE OF OR INABILITY TO ACCESS OR USE THE APPLICATION, SERVICES, CONTENT AND/OR ANY THIRD PARTY CONTENT AND SERVICES, WHETHER OR NOT THE DAMAGES WERE FORESEEABLE AND WHETHER OR NOT TOP WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Certain jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the exclusions set out herein may not apply to you.
WE, TOP, AND OUR AFFILIATES, SUBSIDIARIES, AGENTS, SUCCESSORS, ASSIGNS, THIRD PARTY PROVIDERS, LICENSORS, AND SUPPLIERS, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND REPRESENTATIVES ARE NOT LIABLE TO YOU OR ANY OTHER PERSON FOR DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY PUNITIVE, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY PERSONAL INJURY, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR COMPUTER OR OTHERWISE) ARISING FROM OR IN CONNECTION WITH ACCESS TO AND USE OF THE APPLICATION, THE SERVICES, THE CONTENT, THIRD PARTY CONTENT, YOUR CONTENT, OR ANY THIRD PARTY USER GENERATED CONTENT AVAILABLE ON OR THROUGH THE APPLICATION, WHETHER UNDER A THEORY OF BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, MALPRACTICE, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY RELEASE TOP AND ITS AFFILIATES, SUBSIDIARIES, AGENTS, SUCCESSORS, ASSIGNS, THIRD PARTY PROVIDERS, LICENSORS, AND SUPPLIERS, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND REPRESENTATIVES AND HOLD US AND OUR AFFILIATES, SUBSIDIARIES, AGENTS, SUCCESSORS, ASSIGNS, THIRD PARTY PROVIDERS, LICENSORS, AND SUPPLIERS, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND REPRESENTATIVES, HARMLESS FROM ANY AND ALL CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE (INCLUDING, WITHOUT LIMITATION, ACTUAL, SPECIAL, INCIDENTAL AND CONSEQUENTIAL), KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE APPLICATION, SERVICES, CONTENT, THIRD PARTY CONTENT, YOUR CONTENT, OR ANY THIRD PARTY USER GENERATED CONTENT AVAILABLE ON OR THROUGH THE APPLICATION. YOU HEREBY WAIVE THE PROVISIONS OF ANY JURISDICTION OR LOCAL LAW LIMITING OR PROHIBITING A GENERAL RELEASE. IN ANY CASE, OUR AND OUR AFFILIATES, SUBSIDIARIES, AGENTS, SUCCESSORS, ASSIGNS, THIRD PARTY PROVIDERS, LICENSORS, AND SUPPLIERS, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND REPRESENTATIVES AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL BE LIMITED TO THE AMOUNT ACTUALLY PAID TO US UNDER THIS AGREEMENT FOR THE SERVICES THAT GAVE RISE TO THE CLAIM DURING THE 12 MONTHS PRECEDING THE CLAIM, NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
The Company does not warrant that the Application or Services will be compatible or interoperable with your Mobile Device or any other piece of hardware, software, equipment, or device installed on or used in connection with your Mobile Device. Furthermore, you acknowledge that compatibility and interoperability problems can cause the performance of your Mobile Device to diminish or fail completely, and may result in permanent damage to your Mobile Device, loss of the data located on your Mobile Device, and corruption of the software and files located on your Mobile Device. You acknowledge and agree that the Company and its affiliates, partners, suppliers and licensors shall have no liability to you for any losses suffered resulting from or arising in connection with compatibility or interoperability problems.
23. Governing Law
This Agreement shall be deemed to take place in the Republic of Lithuania and shall be governed by and construed in accordance with the laws of the Republic of Lithuania, excluding its conflicts of law principles. Any disputes arising from this Agreement shall be adjudicated in the courts of the City of Vilnius. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
If any provision of this Agreement is held to be invalid or unenforceable with respect to a party, the remainder of this Agreement, or the application of such provision to persons other than those to whom it is held invalid or unenforceable shall not be affected and each remaining provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. Performance at any time thereafter nor shall the waiver of a breach constitute waiver of any subsequent breach.
Except as provided herein, the failure to exercise a right or require performance of an obligation under this Agreement shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute waiver of any subsequent breach.
26. Modification or Amendment
The Company may modify or amend the terms of this Agreement at any time, by posting a copy of the modified or amended Agreement on http://top-app.site/terms/ website. You will be deemed to have agreed to any such modification or amendment by your decision to continue using the Application or Services following the date in which the modified or amended Agreement is posted on http://top-app.site/terms/ website. Depending on the circumstances and amendments made, Company may also decide to send you a notice electronically. If you continue to use the Application or Services after notice of the change has been given, you will be deemed to have accepted such changes.
The following sections of this Agreement and any other provisions of this Agreement which by their express language or by their context are intended to survive the termination of this Agreement shall survive such termination: 1, 2, 3(Restrictions on Use), 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, and 29.
Except as permitted in section 4, you shall not assign this Agreement or any rights or obligations herein without the prior written consent of Velvetas LT, MB and any attempted assignment in contravention of this provision shall be null and void and of no force or effect.
29. Entire Agreement