Terms & Conditions – TopStories Service Agreement
If you do not agree to be bound by the terms and conditions below then please stop using the site.
“TopStories” is the on-line service operated by TopStories on the World Wide Web of the Internet, consisting of information services and content provided by TopStories, affiliates of TopStories and other third parties. “Subscriber” means each person who establishes or accesses a connection (“Account”) for access to and use of TopStories.
(A) This Agreement governing the use of certain specific material contained in TopStories, sets forth the terms and conditions that apply to use of TopStoriesby Subscriber. By using TopStories (other than to read this Agreement for the first time), Subscriber agrees to comply with all of the terms and conditions hereof. The right to use TopStories is personal to Subscriber and is not transferable to any other person or entity. Subscriber is responsible for all use of Subscriber’s Account (under any screen name or password) and for ensuring that all use of Subscriber’s Account complies fully with the provisions of this Agreement. Subscriber shall be responsible for protecting the confidentiality of Subscriber’s password(s), if any.
(B) TopStories shall have the right at any time to change or discontinue any aspect or feature TopStories, including, but not limited to, content, hours of availability, and equipment needed for access or use.
3. Changed Terms.
TopStoriesshall have the right at any time to change or modify the terms and conditions applicable to Subscriber’s use of TopStories, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on TopStories, or by electronic or conventional mail, or by any other means by which Subscriber obtains notice thereof. Any use of TopStories by Subscriber after such notice shall be deemed to constitute acceptance by Subscriber of such changes, modifications or additions.
Subscriber shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of TopStories and all charges related thereto.
5. Subscriber Conduct.
(A) Subscriber shall use TopStories for lawful purposes only. Subscriber shall not post or transmit through TopStories any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without TopStories’s express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by Subscriber that in TopStories’s discretion restricts or inhibits any other Subscriber from using or enjoying TopStories will not be permitted. Subscriber shall not use TopStories to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line information services competitive with TopStories.
(B) TopStories contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of TopStories are copyrighted as a collective work under the United Kingdom copyright laws. TopStories owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Subscriber may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Subscriber may download copyrighted material for Subscriber’s personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of TopStories and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. Subscriber acknowledges that it does not acquire any ownership rights by downloading copyrighted material.
(C) The foregoing provisions of Section 5 are for the benefit of TopStories, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
6. Disclaimer of Warranty; Limitation of Liability.
(A) SUBSCRIBER EXPRESSLY AGREES THAT USE OF TopStories IS AT SUBSCRIBER’S SOLE RISK. NEITHER TopStories, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT TopStories WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF TopStories, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH TopStories.
(B) TopStories IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
(C) THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. SUBSCRIBER SPECIFICALLY ACKNOWLEDGES THAT TopStories IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER SUBSCRIBERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH SUBSCRIBER.
(D) IN NO EVENT WILL TopStories, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING TopStories OR THE TopStories SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE TopStories. SUBSCRIBER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON TopStories.
(E) IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, TopStories, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN TopStories, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. NEITHER, TopStories, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION.
Subscriber agrees to defend, indemnify and hold harmless TopStories, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of the use of TopStories by Subscriber or Subscriber’s Account.
Either TopStories or Subscriber may terminate this Agreement at any time. Without limiting the foregoing, TopStories shall have the right to immediately terminate Subscriber’s Account in the event of any conduct by Subscriber which TopStories, in its sole discretion, considers to be unacceptable, or in the event of any breach by Subscriber of this Agreement. The provisions of Sections 5(B), 5(C), 6, 7 and this Section 8 shall survive termination of this Agreement.
‘TopStories’, Your virtual news team’ slogan and the ‘pulsating dots’ logo are trademarks of TopStories Company. All rights reserved. All other trademarks appearing on TopStories are the property of their respective owners.
10. Code of Content.
TopStories carefully selects news and entertainment stories so as not to cause offense or be in any way defamatory. To achieve this we follow a ‘Code of Content’ that ensures we do not produce stories that contain any of the following: Political news, the mention of political action campaigns or political campaigning groups, the promotion of soliciting funds for political action campaigns, the promotion of religious bodies, the mention of Licensee brands*, promotion of alcoholic drinks, promotion of contraceptives, promotion of or for, escort or introduction agencies, promotion of pornography or suppliers of pornography, promotion of gambling, lotteries or gaming, the mention of the occult, salacious or indecent themes, sexual innuendo(s) or stereotyping which is likely to cause serious or widespread offence on the grounds of race, religion, disability or sexual orientation or offensive and profane language
*(except where unavoidable due to direct relation of the story content)
Furthermore, TopStories endeavors to ensure stories are not exaggerated or contain misleading claims, do not exploit the credulity, lack of knowledge or inexperience of consumers and do not offend against good taste or decency.
This Agreement and any operating rules for TopStories established by TopStories constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the United Kingdom, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
12. Regulatory Consent and Force Majeure.
TopStories shall not be liable to the Subscriber for any delay or failure in performance which is due to any cause outside its reasonable control, including (without limitation) any Government organization having jurisdiction over the affairs of TopStories preventing TopStories from meeting its obligations under these terms of agreement, vandalism, theft, human error, acts of god, accident, riot, malicious acts of third parties, civil commotion, strike, lockout or industrial dispute by a third party, unavoidable utility or power failure or fire (a “Force Majeure Event”). If performance of the obligations under these terms of agreement is substantially prevented for a continuous period of one month or more by virtue of a Force Majeure Event, the Subscriber shall be entitled to terminate the agreement upon written notice to the TopStories.