Terms & conditions

Welcome to Top7. The following terms and conditions (the "Agreement") form a binding agreement between You and us. Please review the following terms carefully. By using the Site, you are agreeing to these terms, and these terms will govern your use of the Site. If you do not agree to these terms, you must cease use of the Site.

The terms "Top7 " or "us" or "we" or "our" refers to My Top Seven International, the owner and operator of the Site. The term "You" refers to the person accessing or using Top7 or the company or organization on whose behalf that person accesses the Site. Use of the site is defined by direct use of the Top7 website located at www.top7.com or any Top7 service (including, but not limited to Facebook applications, logging into our website using Facebook connect and iPhone applications, or a third party application used on Top7.com).

Privacy

When you login to Top7 (directly, or using an application such as our Facebook application, Facebook connect or our iPhone application) we will use the information provided to us to build your profile on the Top7 site. This profile will be visible to other Top7 users and will display the name, photo, location, age which you have provided us, or which has been provided to us via Facebook with your consent. You may delete, edit or change this information at anytime, by logging in to your account on Top7.com.

If you provide us with your e-mail address we will treat it with care. We will store it, and use it to send you updates. We will never permit other third parties to use your e-mail without your prior consent.

Whilst logged in to Top7 you will be able to rank topics that interest you. These rankings will help us understand what interests you, and we will store this information and use it in our aggregate statistics. Your rankings and activity on Top7 will also be viewable by other users, so they can see what, for example, you ranked as the "Top Movie of 2008".

For a review of the fundamental principles guiding our terms of service, please see our Top7 Code. Whilst using Top7, you will share information. We will treat this information with care, and conform to our Privacy Policy at all times.

Our Services

Top7 is an online community for people to rank the things they love best in this world, browse how their friends ranked, find people with tastes that interest them, through our website located at www.Top7.com (the "Site" or "Top7"). Please read the following terms and conditions ("Terms of Service") carefully. These Terms of Service govern your access to and use of the Site, including any content, information, products or services therein. This is a legal agreement between you and Top7 and applies to you whether you are a registered user of the Site ("Member") or a non-registered user just browsing (collectively "Top7 Users").

By just visiting the Site, you accept our Terms of Service. By using or even just visiting Top7, you acknowledge your acceptance to both these Terms of Service as well as the terms and conditions of our Privacy Policy, published at www.Top7.com and incorporated in these Terms of Service by reference. If you do not agree to any of these terms or conditions then you may not use Top7.

We don't have control over websites that Top7 may link to. Top7 may contain links to third party websites that are not owned, operated, or controlled by Top7. Therefore, we cannot and do not assume responsibility for the content, privacy policies, or practices of such websites or the companies that own them. Additionally, we cannot and will not censor or edit the content of any third party site. By using Top7 you expressly relieve us from any and all liability arising from your use of any third party website.

You are permitted to use Top7, only if You: (1) are 13 years of age or older; (2) comply with our Terms of Service; (3) won't copy or distribute any part of any part of Top7 in any medium without Top7's prior written authorization; (4) don't change any part of Top7 other than in ways that may be reasonably necessary for you to use Top7 for its intended purposes; (5) provide accurate and complete information when creating an account; (6) acknowledge you are solely responsible for the activity that occurs while signed in to or while using Top7; (7) don't collect any personally identifiable information, including account names, email addresses, or other such information, for commercial purposes; (8) don't use the communication systems provided by or contacts made on Top7 for any commercial solicitation purposes; (9) acknowledge your sole responsibility for your content submissions, including discussion posts, profile information and links, pictures, and other such content; (10) affirm that you own or have the necessary licenses, rights, permissions, and consents to use and authorize Top7 to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all submissions to enable inclusion and use of the submissions across Top7; (11) grant each Top7 user, whether using Top7 or an application developed via a third-party developer, a non-exclusive license to access your submissions through Top7 and to use, reproduce, distribute, prepare derivative works of, display and perform such submissions as permitted through Top7's functionality and under these Terms of Service; (12) will not submit material that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secrets, etc., unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such materials to Top7; and (13) affirm we and our parent company have the right to determine whether any of your submissions is appropriate and complies with these Terms of Service, remove any and/or all of your submissions, and terminate your account with or without prior notice.

TERMS OF SERVICE

Top7 Account and Profile

You will need to register by creating an account with Us (either by registering directly with us, or by allowing a Top7 application access to your information - for example, through allowing a Top7 application to work on your Facebook account, logging in using "Facebook connect", or using an iPhone application) in order to publish Content using Top7. If You choose to create an account or Top7 profile with us, You agree to provide only accurate, complete registration information, and You will keep that information up-to-date if it changes. Access to the Site is not authorized by any other person or entity using Your registration information and You are responsible for preventing such unauthorized use.

After You register, we'll issue a unique account number (a "User ID") to You. Individuals and entities who access the Site or use the Services and have previously been terminated by Top7 may not register for an account, nor may You designate any of those individuals to use Your account on Your behalf.

You must understand that Top7 relies on User IDs to know whether users accessing the Site and using our Services are authorized to do so. If someone accesses our Site using a User ID that we've issued to You, we will rely on that User ID and will assume that it is really You or Your representative who is accessing the Site. You are solely responsible for any and all access to the Site or use of the Service by persons using Your User ID. Please notify us immediately if You become aware that Your User ID is being used without authorization.

We will treat your details with care, and they will be subject to our Privacy Policy.

Information and Content

When You use the Site, You can publish and obtain access to various kinds of information and materials, all of which we call "Content." Content also includes information and materials posted to the Site by You. Please be respectful in the type of content you choose to add, and make sure it is in keeping with the principles of our Top7 Code.

You agree not to revise Content posted by others, and You agree not to post or use any Content in any manner that:

infringes the copyright, trademark, trade secret, or other intellectual property or proprietary right of others,
violates the privacy, publicity, or other rights of third parties,
is unlawful, defamatory, discriminatory, libelous, pornographic, obscene, abusive, threatening, harassing, hateful, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate, as determined by Top7 in its sole discretion; or
is false or inaccurate; or
could damage our company, parent company, sister companies, affiliates, advertisers, or other parties; or

We may disclose your Personal Information if we believe in good faith that such disclosure is necessary to (a) comply with relevant laws or to respond to subpoenas or warrants served on us; (b) protect and defend our rights or property, you, or third parties, or (c) prevent or investigate any illegal activity. You hereby consent to us sharing your Personal Information under the circumstances described herein.

Though we strive to enforce these rules with all of our users, You may be exposed through the Site or Services to Content that violates our policies or is otherwise offensive. You use the Site and Services at Your own risk. We may, but are not obligated to, terminate user accounts and/or remove Content from the Site if we determine or suspect that those accounts or Content violate the terms of this Agreement or the applicable agreement with the offending user(s). We take no responsibility for Your exposure to Content on the Site whether it violates our content policies or not.

General User Conduct

It is our goal to make the use of our Site and Services a good experience for all of our users, so You agree not to do any of the following:

Conduct or promote any illegal activities while using the Site or Services;
Upload, distribute or print anything that may be harmful to minors;
Attempt to reverse engineer or jeopardize the correct functioning of the Site, or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables or underlies the Site;
Attempt to gain access to secured portions of the Site to which You do not possess access rights;
Upload or transmit any form of virus, worm, Trojan horse, or other malicious code;
Use the Site or Services to generate unsolicited email advertisements or spam;
Use any automatic or manual process to search or harvest information from the Site or Services, or to interfere in any way with the proper functioning of the Site and Services; or
Impersonate another user.

non-confidentiality and security

You understand that information that You submit to us, such as Content and your preferences, is submitted precisely for the purpose of disclosure in a variety of media and channels, and therefore such information is not subject to any confidentiality obligation. Top7 will use reasonable efforts to maintain the security and integrity of information You provide to us. However, You acknowledge and agree that Top7 cannot fully eliminate security risks and cannot guarantee that unauthorized access to Your information will never occur.

Third Party Platforms

We will, on occasion, use third party platforms within our offering. For example, our "comment" facility is operated by Facebook. By accepting our Terms of Service, you agree to also conform to the terms of service of these third party providers.

Termination

We may change or discontinue the Site or any of the Services at any time without prior notice. We reserve the right to terminate this Agreement at our election and for any reason, without prior notice, and this Agreement will automatically terminate in the event that You violate any of the terms and conditions set forth below. In the event of any termination, You will immediately cease access to the Site and Services.

Disclaimers of warranty

You agree that your use of Top7 shall be at your sole risk. TO THE FULLEST EXTENT PERMITTED BY LAW, TOP7, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF AND ACCESS IS PROVIDED ON AN "AS IS" BASIS. TOP7 MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA TOP7. TOP7 DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH TOP7 OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND TOP7 WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

Limitations of liability

YOU ACKNOWLEDGE AND AGREE THAT WE ARE ONLY WILLING TO PROVIDE ACCESS TO THE SITE AND TO PROVIDE THE SERVICES IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABILITY TO YOU AND TO THIRD PARTIES. IN NO EVENT SHALL TOP7, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF TOP7, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (V) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH TOP7 BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA TOP7, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT TOP7 SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. WE WILL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND THIRD PARTY MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE. IN NO EVENT WILL TOP7 BE LIABLE TO YOU OR ANY THIRD PARTY IN CONNECTION WITH ANY ACT OR OMISSION OF ANY CANDIDATE.

You indemnify Top7. You agree to defend, indemnify and hold harmless Top7, its parent company, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to Top7; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of Top7.

THESE LIMITATIONS OF LIABILITY APPLY REGARDLESS OF THE NATURE OF ANY CLAIM, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT TOP7 IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT YOUR SOLE REMEDY FOR ANY CLAIMS ARISING IN CONNECTION WITH THIS AGREEMENT IS TO DISCONTINUE USING THE SITE AND SERVICES. IN THE EVENT THAT A COURT DETERMINES THAT THE PRECEDING SENTENCE IS UNENFORCEABLE, THE AGGREGATE LIABILITY OF TOP7 TO YOU FOR ALL CLAIMS ARISING IN CONNECTION WITH THIS AGREEMENT WILL NOT EXCEED THE GREATER OF (A) ALL AMOUNTS PAID BY YOU UNDER THIS AGREEMENT WITHIN THE LAST TWELVE (12) MONTHS, AND (B) ONE HUNDRED DOLLARS (U.S. $100.00).

Intellectual Property

You acknowledge and agree that we and our licensers retain ownership of all intellectual property rights of any kind related to the Site and Services, including applicable copyrights, trademarks and other proprietary rights. We are not granting any license to You under any of those intellectual property rights by virtue of this Agreement. "Top7" is our trademark. Other product and company names that are mentioned on the Site or provided as part of the Services may be trademarks of their respective owners. We reserve all rights that are not expressly granted to You in this Agreement.

The content on Top7, excluding all intellectual property of other sites obtained by way of API and linking, are owned by Top7. This includes, without limitation, the text, software, scripts, graphics, photos, sounds, interactive features and the trademarks, service marks and logos contained therein ("Marks"). They are owned or licensed to Top7. Content not owned by Top7 is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. We reserve all rights not expressly granted in and to Top7 and the content.

As between You and us, You retain any intellectual property rights in any copyrighted materials and trademarks that are contained in Content that You post to the Site. You grant us an irrevocable, perpetual, non-exclusive, royalty-free, fully paid, worldwide license, with rights to sublicense through multiple levels of sublicensees, to reproduce, make derivative works of, translate, distribute, publicly perform and publicly display in any form or medium, whether now known or later developed, make, use, sell, import, offer for sale, otherwise commercially exploit and exercise any and all such rights, under any and all of Your intellectual property rights related to the Content in any manner we choose. If You have any rights to the Content that cannot be licensed to Us (such as moral rights in some countries), You unconditionally and irrevocably waive the enforcement of such rights, and all claims and causes of action of any kind against Us or related to Our customers and partners anywhere in the world, with respect to such rights.

Electronic Communications

The communications between You and Top7 use electronic means, whether You visit the Site or send us emails, or whether Top7 posts notices on the Service or communicates with You via email. For contractual purposes, You (a) consent to receive communications from Top7 in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Top7 provides to You electronically satisfy any legal requirement that such communications would satisfy if it were in a writing. The foregoing does not affect Your non-waivable rights.

Changes to this agreement

We may change the terms of this Agreement from time to time on a going-forward basis, and any such modifications become effective immediately upon being posted to the Site. It is Your sole responsibility to check the Site from time to time to view any such changes in the Agreement. If You do not agree to any changes, if and when such changes may be made to the Agreement, You must cease use of the Site. Your use of the Site after any modifications to the Agreement indicates that You agree to such modified Agreement.

General Terms

You and we are independent contracts, and nothing in this Agreement creates a partnership, employment relationship or agency. There are no third-party beneficiaries of this Agreement. You may not assign this Agreement, in whole or in part, to any third party without our prior, written consent, and any attempt by You to do so will be invalid. Should any part of this Agreement be held invalid or unenforceable, that portion will be construed consistent with applicable law and the remaining portions will remain in full force and effect. Our failure to enforce any provision of this Agreement will not be considered a waiver of the right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.

YOU AND TOP7 AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO TOP7 MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES . OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

You are legally able to accept these Terms of Service. You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. And as stated in the first point of Section 3, you affirm that you are, in any case, 13 years of age or older. If you aren't, you must please leave Top7.