Member
Terms and Conditions
The
following describes the terms on which
top-online-shopping-malls.com
offers you products and services. By pressing
the "Submit Registration" button,
you agree and accept the terms and conditions
below.
This User Agreement, as may be amended, and
any Addenda you may subsequently accept (the
"Agreement") describe the terms and
conditions applicable to your membership account
(the "Account"). We may amend this
Agreement by posting the amended version on
our Website. Your continued use of our services
indicates your continued acceptance of these
terms.
1.
You are eligible for a membership account if
you are 18 years of age or older. If you are
under 18, your parent or guardian must accept
this agreement on your behalf by pressing the
"Submit Registration" button. In addition,
if you are under 14, your parent or guardian
must complete and send to us a parental permission
form. You are responsible for paying all applicable
taxes and for all hardware, software, service
and other costs you incur to access your Free
Account. We may add, delete or change some or
all of the services provided for free as part
of
Top Online Shopping Malls
Membership at any time.
2.
We may terminate your Account immediately if
you breach this Agreement, if you infringe third
party intellectual property rights, or if we
are unable to verify or authenticate any information
you provide to us. Alternatively, in these situations
we may choose to remove some or all of your
content or make your content private, in which
case your content will not be publicly displayed
(although you will be able to view it). Following
termination (or, to the extent that you exceed
the applicable storage limits, following downgrading)
of your Account, we may remove some or all of
your content from our servers or elect to retain
it, at our sole option.
3.
You may not transfer or share your Account with
anyone. You may not disclose your password to
any third parties. Corporate subscribers must
have one Account for each participating employee;
employees may not share Accounts.
4.
ALL SERVICES AND PRODUCTS ARE PROVIDED "AS
IS." WE AND OUR SUPPLIERS DISCLAIM ALL
WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED
OR STATUTORY, INCLUDING WITHOUT LIMITATION THE
IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
WE DO NOT GUARANTEE CONTINUOUS OR UNINTERRUPTED
ACCESS TO YOUR ACCOUNT. SOME STATES DO NOT ALLOW
THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE
FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS
WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND
YOU MAY ALSO HAVE OTHER LEGAL RIGHTS WHICH VARY
FROM STATE TO STATE.
5.
IN NO EVENT SHALL WE OR OUR SUPPLIERS BE LIABLE
FOR ANY LOST PROFITS OR SPECIAL, INCIDENTAL
OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN
CONNECTION WITH THIS AGREEMENT (HOWEVER ARISING,
INCLUDING NEGLIGENCE). OUR LIABILITY, AND THE
LIABILITY OF OUR SUPPLIERS, TO YOU OR ANY THIRD
PARTIES IS LIMITED TO ONE-HUNDRED DOLLARS ($100).
SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY,
SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO
YOU.
6.
By accepting this Agreement, you expressly consent
to certain disclosures of your personally identifiable
and other personal information to third parties,
and to use of your information by us and third
parties, as enumerated in our then-current privacy
policies, which are incorporated herein by reference.
7.
Through your Account, we provide you with unfiltered
access to other people's content. We cannot,
nor do we try to, control the content that you
will receive. By its very nature, other people's
content may be offensive, harmful or inaccurate,
and in some cases content will be mislabeled
or deceptively labeled. You should note that
parental control protections are commercially
available and may assist you in limiting access
to content that is harmful to minors. If you
are interested in learning more about these
protections, information is available at analogous
sites providing information on such protections.
We expect that you will use caution-and common
sense-when using your Account. Furthermore,
you shall comply with all applicable laws regarding
your access to your Account.
8.
Top Online Shopping Malls
.com does not make any guarantees or warranties
regarding dependability, accuracy, or timeliness
of our service.
Top Online Shopping Malls
.com cannot be held liable for any damage or
loss of information that may occur from use
of our service. We offer no warranties or guarantees
regarding the effectiveness and results of your
paid or free advertising campaigns.
9.
THIS SERVICE IS PROVIDED ON AN "AS IS,
AS AVAILABLE" BASIS, AND MAY BE SUBJECT
TO DISRUPTIONS OR ERRORS.
Top Online Shopping Malls
.com GIVES NO WARRANTY, EXPRESS OR IMPLIED,
REGARDING THE SERVICE OR ANY RELATED SOFTWARE,
CODE, OR PRODUCT, AND EXPRESSLY DISCLAIMS ANY
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF
THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS.
10.
ALL SALES ON
Top Online Shopping Malls
.com ARE FINAL AND NO REFUNDS WILL BE PROVIDED.
11.
IN NO EVENT WILL
Top Online Shopping Malls
.com BE LIABLE TO MEMBERS FOR ANY CONSEQUENTIAL,
INCIDENTAL, SPECIAL OR INDIRECT DAMAGES OF ANY
KIND OR NATURE, INCLUDING BUT NOT LIMITED TO
LOSS OF INCOME, LOSS OR DAMAGE OF DATA, AND
DAMAGE TO BUSINESS REPUTATION, UNDER ANY THEORY
OF LAW OR EQUITY, AND WHETHER OR NOT
Top Online Shopping Malls
.com IS NOTIFIED OF THE POSSIBILITY OF SUCH
DAMAGES.
12.
By participating and becoming a member of
Top Online Shopping Malls
.com web site, you agree to periodically receive
e-mails and other forms of advertising from
top-online-shopping-malls.com
and/or advertisers or sponsors. If you do not
wish to receive these announcements, send us
an e-mail at contact@
top-online-shopping-malls.com
.
Top Online Shopping Malls
.com is not responsible for and shall have no
liability to any person with respect to any
advertising materials of third parties appearing
on the
Top Online Shopping Malls
.com web site or on any other site to which
members may go through a link from the
Top Online Shopping Malls
.com site.
13. Members agree to indemnify and hold
Top Online Shopping Malls
.com its officers, directors, shareholders,
agents, and representatives harmless from and
against any and all claims, demands, liabilities,
expenses (including attorneys’ fees), losses,
and damages arising from any and all claims
and lawsuits, including but not limited to claims
for libel, slander, copyright infringement,
and trademark violation, resulting from the
contents of your web page or site, your use
of the Service, or your failure to comply with
any part of this Membership Agreement.
14.
The term of this Agreement is perpetual. Parties
my cancel at any time, without liability to
the other party, upon notification by email.
Upon cancellation of the Service by you or
Top Online Shopping Malls
.com, you will immediately remove all references
codes, from Your Site.
15.
Top Online Shopping Malls
.com reserves the right to change the terms
and conditions of this Contract Agreement at
any time. Members are responsible for complying
with any new rules posted on the website within
30 days of the date changes are posted.
16.
top-online-shopping-malls.com
has complete ownership and rights to the
Top Online Shopping Malls
.com names, logos, programs, databases, reports,
web sites, and information. All materials contained
in the
Top Online Shopping Malls
.com web site are copyright © 1999-2002
top-online-shopping-malls.com
17.
If you notice any users violating the terms
and conditions of this Agreement, you may notify
us at: abuse@
top-online-shopping-malls.com
.
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