Modification of Terms

These Terms were last updated on, and are effective as of, March 15th, 2017

Topmostly reserves the right, in its sole discretion, at any time to modify, discontinue or terminate the Services, or modify these Terms without notice. All modified terms and conditions will be effective when posted on the Website (unless a longer notice period is required by applicable law). If any modified Terms are not acceptable to you, your sole remedy is to cease using the Services, and if applicable, cancel your Account (defined below). By continuing to access or use the Services after Topmostly makes any such modification, you agree to be bound by the revised Terms

Ownership of Content

User Content. You own all content you submit to the Services, including but not limited to profile information, reviews, images, messages, and any other materials ("User Content"). Additionally, all content you submit in the format of a "search result", whereby the rankings of said search content are ordered and/or changed by votes and rankings from other visitors, is jointly owned by yourself and Topmostly. By submitting User Content you hereby irrevocably grant us a perpetual, world-wide, non-exclusive, royalty-free, sub-licensable and transferable license and right to use User Content for any purpose and in any media now existing or in the future. You also irrevocably grant the users of the Services and third party websites, mobile applications and other platforms who obtained User Content from us ("Third Party Properties") the same right you have granted to us herein to use User Content in connection with their use of the Services and Third Party Properties. By "use" we mean use, copy, display, distribute, modify, translate, reformat, incorporate into advertisements and other works, promote, create derivative works, and in the case of Third Party Properties, allow their users and others to do the same. You irrevocably waive, and cause to be waived, any claims and assertions of moral rights or attribution with respect to User Content brought against Topmostly, any Third Party Properties and our and their users. You are responsible for User Content. You assume all risks associated with User Content, including anyone's reliance on its quality, accuracy, or reliability, or any disclosure by you of information in User Content that makes you personally identifiable. You may be held liable for User Content.

In submitting User Content to us, you represent that:

You are the sole author of User Content, and User Content are not copied from or based on, in whole or in part, any other work or website, except works in the public; and Use of User Content by Topmostly, Third Party Properties and our and their users will not violate or infringe any right of yours or any third party. With regard to User Content that are images, you agree that at least one of the following is met:

  • You have taken the photograph or created the artwork being submitted;
  • You own the rights to the image;
  • You have explicit permission from the rights-holder to submit such image or artwork for use on our Properties and Third Party Properties and to grant the rights you have granted herein.


Lastly, you agree that any of User Content submitted to us will not:

  • Be unlawful, harmful, threatening, abusive, harassing, tortious, indecent, defamatory, vulgar, profane, obscene, libelous, hateful or otherwise objectionable;
  • Contain material that violates the standards of good taste or the standards of the Properties;
  • Violate any third-party right, including, but not limited to, right of privacy, right of publicity, copyright, trademark, patent, trade secret, or any other intellectual property or proprietary rights;
  • Accuse others of illegal activity, or describe physical confrontations;
  • Contain material that is illegal, or that violates any federal, state, or local law or regulation;
  • Contain language or images intended to impersonate another person;
  • Disguise or attempt to disguise the origin of User Content;
  • Be considered a form of deceptive advertisement or cause, or be a result of, a conflict of interest;
  • Be commercial in nature, including but not limited to spam, surveys, contests, pyramid schemes or other advertising materials;
  • Assert or imply that User Content is in any way sponsored or endorsed by us; or
  • Contain material that is not in English;
each as determined in our sole discretion.

We may use, post or refuse to post, disable from view, remove or reinstate any content (including User Content) in our sole discretion. Without limiting the generality of the foregoing, we may, but are not obligated to, hide or remove any of User Content that we determine, in our sole discretion, to be in violation of the terms hereof. We are not obligated to return any of User Content to you under any circumstances.

Topmostly Content. We are the sole and exclusive copyright owners of the Website, Services and Topmostly Content, including, but not limited to, visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, aggregate user review ratings, reports and other usage-related data in connection with activities associated with your account and all other elements and components of the Services excluding Your Content and third party content ("Topmostly Content"). We also exclusively own the copyrights, trademarks, service marks, logos, trade names, trade dress and other intellectual and proprietary rights throughout the world (the "IP Rights") associated with the Website, Services and Topmostly Content, which may be protected by copyright, patent, trademark and other applicable intellectual property and proprietary rights and laws. You may not use, copy, display, distribute, modify, translate, reformat, incorporate into advertisements and other works, promote, create derivative works, or in any way exploit or allow others to exploit any of Topmostly Content in whole or in part except as expressly authorized by us. Except as otherwise expressly granted to you in writing, we do not grant you any other express or implied right or license to the Website, Services, Topmostly Content or our IP Rights.

Content Disclaimer

You understand that when using the Services you will be exposed to Content from a variety of sources, and that Topmostly is not responsible for the accuracy or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Topmostly with respect thereto. Topmostly does not endorse any Content or any opinion, recommendation, or advice expressed therein, and Topmostly expressly disclaims any and all liability in connection with Content.

Termination

We may immediately terminate or suspend your access to the Services and remove any material (including User Content) from the Website or our servers, in the event that you breach these Terms. Notwithstanding the foregoing, we also reserve the right to terminate the Website, Services or your access thereto at any time and for any reason. After such a termination, you understand and acknowledge that we will have no further obligation to provide the Services. Upon termination, all licenses and other rights granted to you by these Terms will immediately cease. Topmostly is not liable to you or any third party for termination of the Services or termination of your use of the Services. UPON ANY TERMINATION OR SUSPENSION, ANY INFORMATION (INCLUDING USER CONTENT) THAT YOU HAVE SUBMITTED ON THE WEBSITE OR THAT WHICH IS RELATED TO YOUR ACCOUNT MAY NO LONGER BE ACCESSED BY YOU. Furthermore, Topmostly will have no obligation to maintain any information stored in our database related to your Account or to forward any information to you or any third party. You may terminate your Account at any time and for any reason by clicking "Cancel Account" on the "My Account" page. Upon any termination by a Member, the related Account will no longer be accessible. Any suspension, termination or cancellation will not affect your obligations to Topmostly under these Terms (including but not limited to ownership, indemnification and limitation of liability), which by their sense and context are intended to survive such suspension, termination or cancellation.

Third-Party Links

The Service may contain links to third party websites that are not owned or controlled by Topmostly. Topmostly has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Topmostly will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly relieve Topmostly from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the Service and to read the terms and conditions and privacy policy of each other website that you visit.

Publishers

Topmostly has developed proprietary widget software (the "Widget") which includes an online search result publishing widget and online data management platform designed for organizing, querying, analyzing, exporting and developing reports based on voting on and publishing search results. Upon acceptance of these Terms, Publisher will be granted a royalty-free, non-exclusive, non-transferable, non-assignable right to download, and install the Widget on the Publisher’s websites to collect and report quantitative search and other data ("Search Data") from visitors to the Publisher’s websites. Publisher hereby acknowledges and agrees that Topmostly owns and shall retain proprietary rights, including, without limitation, (i) all patent, copyright, trade secret, database rights, trademark and other intellectual property rights in and to the Widget, and any corrections, bug fixes, enhancements, updates or other modifications to the Widget, whether made by Publisher, Topmostly or any third party and (ii) all search content, each search, search analysis, end-user presentations, the search data and other data to be provided or made available to Publisher by Topmostly generated from the use of the Widget ("Content") Publisher acknowledges and agrees that Topmostly may develop one or more databases containing the Search Data and may analyze, sell, redistribute the Search Data or any part thereof subject to the terms of the Privacy Policy. Subject to the terms hereof, Topmostly hereby grants to the User a limited, non-exclusive and royalty free license to use the Widget and the Content delivered to Publisher by Topmostly, which includes sharing the Search Data with internal employees, the media, or outside contractors, so long as the Search Data is being utilized solely for the Publisher's own purposes.

Copyright and Content Policy

Topmostly respects the intellectual property rights of others, and asks that you to do the same. Topmostly does not permit copyright infringing activities and infringement of intellectual property rights on its Website or related services, and Topmostly will remove all Content if properly notified that such Content infringes another's intellectual property rights. Topmostly reserves the right to remove Content without prior notice. Topmostly will also terminate a User’s account if the User is determined to be a repeat infringer of copyright. Topmostly may remove such Content and/or terminate a User's account due to a violation of these Terms at any time, without prior notice and at its sole discretion.