TOPPERLEARNING AGREEMENT
Welcome to Topperlearning.com! We are glad you have decided to
join us. We look forward to your involvement with our site. Before you begin delving into
the vast services and content available on our sites, please take a moment to review
these Terms of Services ("Terms" or the "Agreement"). These Terms are
an agreement between you and GREYCELLS18 MEDIA PRIVATE LIMITED (owners of
Topperlearning.com and includes ‘Topperlearning.com’).It is important that
you understand both the benefits we provide as well as our limitations. This Agreement
applies to the web sites, or networks, owned by GREYCELLS18 MEDIA PRIVATE LIMITED -
including " Topperlearning.com". We refer to these web sites as the
“GREYCELLS18 MEDIA PRIVATE LIMITED Sites.” While GREYCELLS18 MEDIA PRIVATE
LIMITED Sites each offer a different combination of services and tools from one site to
another, this agreement reflects the GREYCELLS18 MEDIA PRIVATE LIMITED Site approach to
memberships.
Section
‘A’
1. Acceptance of Terms. When you complete the member
registration process, you agree to these Terms. These Terms may be updated from time to
time. This agreement sets out the legally binding terms for your membership. Your
continued use of our services signifies your acceptance of the changes, effective upon
notice to you as a member. These Terms will always be available to users on this page for
you to read. When using free services offered through Topperlearning.com’s
third-party service providers, such as email, you will be subject to terms posted by
these third-party service providers. Registration for a Topperlearning.com Site signifies
your agreement to those additional terms. Also, by opting into third-party offers, you
will be subject to terms posted by these third-parties. Opting into these offers
signifies your agreement to those additional terms.
2. Eligibility You must be register as a member of
Topperlearning.com or use this Site. Membership in the Service is void where prohibited.
By using this Site, you represent and warrant that you have the right, authority, and
capacity to enter into this Agreement and to abide by all of the terms and conditions of
this Agreement
3. Email Products Selection During registration, you will also
have the option of receiving a variety of periodic emails. The option to receive any of
these email products is completely yours. If, at any time, you do not wish to continue to
receive any of these emails from us, you may remove yourself from the list by following
the instructions at the bottom of each email. It is your responsibility to make sure we
always have your current email address. If we do not, we will not be able to pass
information from your friends to you (which is one of the main purposes of our site). We
will also keep you advised of new functionality and new product offerings via email from
time to time.
4. Levels of membershipTopperlearning.com currently offer single
membership levels: Basic Membership (which is free to all registered visitors). All
members may: · Post their name in all relevant Topperlearning.com directories,
Read message board postings; · Upload photos in photo gallery, · Receive
our various emails which provide discounts and other information of interest to
Topperlearning.com members. Topperlearning.com will change the specific services offered
to our members from time to time and has the right to do so without advance notice to our
members. We strive to improve your experience on our site and will test a variety of
service offerings in an attempt to provide you with useful tools and services.
5. About our Services.
A) Topperlearning.com. As a commitment to our users, we
currently provide you with access to a rich collection of online resources. These include
various online forums, personalized content and branded programming through
Topperlearning.com’s web site-based "Service."
B) Service Limitations. We will do our best to make your
experience with the Topperlearning.com Sites a pleasurable one. However, we cannot always
foresee or anticipate technical or other difficulties. These difficulties may result in
loss of data, personalization settings or other service interruptions. For this reason,
you agree that Topperlearning.com’s services, including the services of our third
party service providers, are provided "AS IS." The Topperlearning.com Sites and
our third party service providers cannot assume responsibility for the timeliness,
deletion, miss-delivery or failure to store any user data, communications or
personalization settings.
C) Service Changes and Discontinuation.Topperlearning.com
reserves the right to change or discontinue, temporarily or permanently, the Service at
any time without notice. You agree that Topperlearning.com will not be liable to you or
any third party for any modification or discontinuance of the Service.
D) Privacy Policy. Topperlearning.com respects your privacy and
has developed a detailed Privacy Policy that is incorporated into this Agreement. Please
take the time to read our Privacy Policy. By agreeing to these Terms, you are also
accepting the terms of our Privacy Policy
6. For the benefit of the entire Topperlearning.com community,
and to comply with applicable laws, we have a few mandatory guidelines. Please
understand, though, that any conduct that violates the Rules is grounds for termination
of your account. For this reason, we ask that you carefully read and follow them.
A) Provide Accurate Information. You agree to provide true,
accurate, current and complete information about yourself as requested in the
Topperlearning.com Sites’ registration forms (we call this information
"Registration Data"). Accurate records help us create better sites and provide
us with opportunities to identify new services or products that may interest you. Please
update the Registration Data to keep it current and accurate.
B) Guard Your Password. You are responsible for maintaining the
confidentiality of your password and account. And you are fully responsible for all
activities that occur using your password or account. Please notify Topperlearning.com
immediately of any unauthorized use of your password or account or any other breach of
security.
C) Obey the Law. You agree not to use the service for illegal
purposes or for the transmission of material that is unlawful, harassing, libellous
(untrue and damaging to others), invasive of another's privacy, abusive, threatening, or
obscene, or that infringes the copyrights (rights of an owner of written material) or
other intellectual property of others.
D) Content Restrictions. The Topperlearning.com Sites attempt to
provide some of the very best content available on the web and we make it available to
You on the Web for your personal, non-commercial use. All Web site design, text,
graphics, the selection and arrangement thereof, and all software that are part of the
Topperlearning.com Sites are protected by international copyright laws. The publication,
sale, or redistribution in any form or medium of text, photos, graphics, audio and/or
video materials or any other form of proprietary content found on the Topperlearning.com
Sites is strictly prohibited without the prior written permission of GREYCELLS18 MEDIA
PRIVATE LIMITED. Content that is publicly available on the Topperlearning.com Sites may
not be stored in a computer, except for personal and non-commercial use. This site
(Topperlearning.com), and all of the content of the site, is protected by intellectual
property and other laws throughout the world. Unauthorized use of the site would be a
violation of ' and its licensors' rights. In addition, the trademarks, logos and service
marks displayed on this site (collectively, the "Trademarks") are the property
of Topperlearning.com, its affiliates, and various third parties. The site and the
software incorporated in the site may not be reverse engineered, decompiled or
disassembled.
E) Limits On Uses of User Information By using any of the
Topperlearning web sites or networks you agree not to data scrape, copy, aggregate,
redistribute, alter, reproduce or re-use for commercial purposes any user's (whether
specific to any particular user or as an aggregation of users' information) information
accessible through any web sites or networks owned by GREYCELLS18 MEDIA PRIVATE LIMITED.
"Commercial purposes" can include but is not limited to selling information to
third parties; using the data collected to customize users' experiences at a site or
network outside of Topperlearning.com; using the data for targeted marketing campaigns
not affiliated with Topperlearning.com; or using the data to offer services to
Topperlearning.com users. Topperlearning.com reserves the right to take immediate action
against any individual or entity participating in any of the prohibited actions mentioned
above.
F) Consolidated Sites Topperlearning.com users should exercise
caution when using consolidation sites. Consolidation sites are Internet sites that offer
the ability to collect all of your personal information on one site. For example, you may
be encouraged to provide consolidation site operators access to your Topperlearning.com
accounts or membership information so that the information can be used to design
customized search engines, web pages or advertising for you. All transactions initiated
through a consolidation site using access information you provide are considered to be
authorized by you, whether or not you were aware of the specific transaction.
Topperlearning.com is therefore not responsible if the security, accuracy or quality of
your information is compromised by a consolidation site you have authorized to access
your data.
G) Other points You agree to:· Follow all local, state,
national and international laws and regulations. · Take responsibility for all
acts that occur under your account or password, including any content transmitted or
broadcast from your account. · Maintain the confidentiality of your password and
login identity. · Provide only accurate and appropriate personal information about
yourself. Please do not post sexually explicit language. You agree to keep your personal
information posted on the site within the convention of good taste. We do not review the
directory or individuals' profiles looking for inappropriate material, but if it is
brought to our attention, we will require that you revise or delete the inappropriate
information. We have the right to request edits or make edits to your personal
information at our discretion. You agree NOT to: · Use incognito names when
registering or communicating on our site. · Use your access to Topperlearning.com
for any commercial purpose. · Send junk mail to our members or solicit our members
for commercial purposes. · Post your email address, visible to other members.
Similarly you may not post any telephone numbers, street addresses, URL’s profile
on any message posts, photographs, emails or other areas visible to or directed at non
paying members. · Republish information found in the site without first obtaining
written permission from GREYCELLS18 MEDIA PRIVATE LIMITED · Post any false,
misleading, slanderous, libelous, or inaccurate information about others on our site. In
the event you do, we have the right to release your identifying information to the
police, our attorneys or the individual you mentioned in your posting so that they may
take action against you. A few individuals have abused their membership privileges in the
past and they are hereby notified that we will not tolerate slanderous postings. ·
Post or forward any confidential correspondence from your friends registered on
Topperlearning.com. Topperlearning.com reserves the right to modify, suspend or terminate
access to the site at any time without notice or refund if you are suspected of violating
any of these Terms of Service. We also reserve the right, on occasion, to require you to
change your login name and password. · Swearing, obscenities, and inappropriate
behaviour (as solely determined by ) on bulletin boards, events, chat rooms, or otherwise
on the site will not be tolerated, and your membership will be immediately terminated if
we determine that you have participated in such behaviour on the site. · Reporting
abusive conduct: Please contact us at support@Topperlearning.com in the event you need to
report abusive conduct. Although we have no obligation to police the site, we do try to
remove content that is clearly inappropriate when it is brought to our
attention.
H) Consequences for abusive conduct: In the event you violate
these Terms of Service, Topperlearning.com has the right to terminate your account. In
the event of a serious violation (as solely determined by Topperlearning.com)
Topperlearning.com may also file suit against you for business interference or other
appropriate legal theories and we will seek compensation from you for potential damage to
our reputation and finances caused by your actions. Topperlearning.com will cooperate
with the authorities on any said suspected violations.
7. Rights You Grant to the Topperlearning.com Sites
A) Distributing Content You Produce. Subject to
Topperlearning.com’s Privacy Policy, you are licensing to the Topperlearning.com
Sites and our third party service providers any "content" you provide through
or to the Topperlearning.com Sites and the service they offer. The Topperlearning.com
Sites may modify, display, distribute and create new material using such content on
Topperlearning.com Sites for the promotion and marketing of our services and the
operation of our system. Notwithstanding this license, Topperlearning.com will take
reasonable precautions to help you to keep your email and voicemail messages (if
applicable) private.
B) Personal Information and Submissions: By submitting your
personal, events and related information to us, you are thereby granting to a
royalty-free, worldwide, no terminable, exclusive license to use this information and
your exact words (and excerpts and edited versions of your submissions) in all media now
known or hereinafter developed, and in promotions, and to sublicense and transfer this
right to third parties, and you waive all claims against for any violations of copyright,
rights of privacy, publicity, and defamation or other personal torts arising from ' use
of the information in such media. No payments shall be due to you for such grant of
rights, and you may or may not receive credit as the author of such works in any use of
them. By submitting content, you automatically agree, or promise, that the owner of such
content has expressly agreed that, without any particular time limit, and without the
payment of any fees, the Topperlearning.com Sites and anyone they permit may reproduce,
display, distribute and create new works of authorship based on and including the
content. You may not submit materials that have been trademarked or copyrighted by anyone
other than yourself.
C) Topperlearning.com Advertising. The Topperlearning.com Sites
rely on advertisers to help fund the services that we offer to our members. In order to
continue our service, you agree that the Topperlearning.com Sites may display
advertisements and promotions of all kinds in and with the services.
D) Account Access. In order to ensure that the
Topperlearning.com Sites are able to provide high-quality services that are responsive to
members' needs, you agree that Topperlearning.com employees have access to your account
and records as reasonably needed, with or without the aid of appropriate monitoring
software to investigate complaints and to monitor and enforce compliance with our terms
or service for free members. Topperlearning.com reserves the right to filter the
Email-Id's posted by non club members only through its Intelligent Scheduler.
E) Merger or Acquisition. In order to ensure a smooth transition
of services relative to your subscription, in the event of a merger, acquisition,
reorganization, sale of all or substantially all of its assets, or the sale of an
individual website owned by GREYCELLS18 MEDIA PRIVATE LIMITED, Topperlearning.com may
transfer your Personally Identifiable Information to a third party as a part of such
merger, acquisition, reorganization, or sale.
8. Other Legal Stuff
A) Disclaimer of Warranties. You expressly understand and agree
that:
Your use of the service is at your sole risk. The service is provided on an "AS
IS" and "AS AVAILABLE" basis. Topperlearning.com and its third party
service providers expressly disclaim all warranties of any kind, whether express or
implied, including, but not limited to, the implied warranties of merchantability,
fitness for a particular purpose and non-infringement.
Topperlearning.com is not responsible if a subscriber is not
able to access any part or whole of the content on the site because of any problem
related with the speed or interruption in services of its internet connection.
Topperlearning.com makes no warranty that (i) the Service will
meet your requirements, (ii) the Service will be uninterrupted, timely, secure, or
error-free, (iii) the results that may be obtained from the use of the service will be
accurate or reliable, (iv) the quality of any products, services, information, or other
material purchased or obtained by you through the service will meet your expectations,
(v) that your email or voicemail messages (if applicable) will not be lost, or edited and
(vi) any errors in the software will be corrected.
Any material downloaded or otherwise obtained through the use of
the Service is done at your own discretion and risk, and you will be solely responsible
for any potential damage to your computer system or loss of data that results from the
download of any such material. No advice or information, whether oral or written,
obtained by you from the Topperlearning.com Sites, our third party service providers, or
through or from the Service will create any warranty not expressly stated in the
terms.
Some jurisdictions do not allow the exclusion of certain
warranties or the limitation or exclusion of liability for incidental or consequential
damages. Accordingly, some of the above limitations may not apply to you.
To the extent that any part of this section is not consistent
with any other part of these terms, then this Disclaimer of Warranties will override it.
EXCEPT AS SPECIFICALLY PROVIDED IN THIS PROVISION, THE SITE AND ITS CONTENT ARE PROVIDED
"AS IS" AND TOPPERLEARNING.COM DISCLAIMS, AND YOU WAIVE, ANY WARRANTIES,
EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE,
TITLE, NON-INFRINGEMENT, OR ANY OTHER WARRANTY, CONDITION, GUARANTY, OR REPRESENTATION
RELATED TO THE SITE AND ITS CONTENT AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR
FROM A COURSE OF DEALING OR USAGE OF TRADE. THE FUNCTIONS, MATERIALS AND CONTENT OF THE
SITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR, AND BATCHMATES.COM AND ITS
PROVIDERS DO NOT WARRANT THE ACCURACY, CURRENCY OR RELIABILITY OF INFORMATION ON THE
SITE. YOU ASSUME THE ENTIRE RISK AND COST OF REPAIRS OR CORRECTIONS TO YOUR HARDWARE OR
SOFTWARE DUE TO THE USE OF THE SITE. This disclaimer of warranty may not apply to all
users.
Limitations of Liability & Remedies: YOUR USE OF THE SITE IS
ENTIRELY AT YOUR SOLE RISK. , AND ALLINDIA TECHNOLOGIES LIMITED'S DIRECTORS, OFFICERS,
EMPLOYEES, LICENSORS, AGENTS OR AFFILIATES SHALL NOT BE LIABLE TO YOU OR ANY THIRD
PARTIES FOR ANY DAMAGE TO YOUR COMPUTER FROM USE OF THE SITE OR VIRUSES, OR DIRECT OR
INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OR LOSSES
(INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT,
TORT, STRICT LIABILITY, OR OTHERWISE, WHICH YOU MAY INCUR IN CONNECTION WITH THE USE OR
NONPERFORMANCE OF THE SITE, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, LOSS OF
REVENUES, BUSINESS INTERRUPTION OR OTHER PECUNIARY LOSS EVEN IF HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES OR LOSS. Your sole and exclusive remedy for any breach of
this agreement by TOPPERLEARNING.COM shall be a refund of the fees paid for membership.
Topperlearning.com is not responsible for, and shall have no liability with respect to,
the content of third party Web sites that are linked to or from the site is not
responsible for the user generated content on the site. Some states do not allow the
exclusion or limitation of liability to the extent set forth herein; therefore, this
provision may not apply to every person as written.
Customer Warranties & Indemnification: You warrant and
represent that
a. You shall abide by all the terms and conditions of this agreement;
b. You will not take any action which would derogate ' or its licensors' rights in and to
their intellectual property or content;
c. You will not infringe on the copyrights of any third parties;
d. You will not violate any laws in your use or postings of information on the site; and
You will not interfere in the business of Topperlearning.com by posting information that
violates the rules outlined above or by attempting to divert traffic from the Site. You
shall indemnify and hold harmless, and at ' request defend, , its directors, officers,
shareholders, employees, agents, affiliates and owners (each, an "Indemnified
Party") from and against any and all claims, proceedings, damages, injuries,
liabilities, losses, costs and expenses (including reasonable lawyers’ fees, an
allocation for in-house counsel, and other legal costs) arising out of any claim of any
third party resulting from any breach of your representations, warranties or covenants
set forth in this agreement. You shall reimburse each Indemnified Party on demand for any
costs, expenses and liabilities incurred by such Indemnified Party to which this
indemnity relates
B) No Endorsement of Member Content. You acknowledge and agree
that the Topperlearning.com Sites do not endorse the content of any member and is not
responsible or liable for any content, even though it could be unlawful, harassing,
libellous, privacy invading, abusive, threatening, harmful, vulgar, obscene, or otherwise
objectionable, or that it infringes or may infringe the intellectual property or other
rights of another. You acknowledge that the Topperlearning.com Sites do not pre-screen
all content, but that the Topperlearning.com Sites and their designees will have the
right (but not the obligation) in their sole discretion to refuse, edit, move or remove
any content that is publicly available via the service.
C) Limitation of Liability. You agree that the
Topperlearning.com Sites will not be liable for any harms, which lawyers and courts often
call direct, indirect, incidental, special, consequential or exemplary damages, including
but not limited to, damages for loss of profits, goodwill, use, data or other intangible
losses (even if the Topperlearning.com Sites have been advised of the possibility of such
damages), resulting from: (i) The use or the inability to use the service; (ii) The cost
of getting substitute goods and services resulting from any products, data, information
or services purchased or obtained or messages received or transactions entered into
through or from the service; (iii) Unauthorized access to or alteration of your
transmissions or data; (iv) Statements or conduct of anyone on the service; or (v) Any
other matter relating to the service.
D) Indemnification. You agree to protect and fully compensate
the Topperlearning.com Sites and their service providers from any and all third-party
claims, liability, damages, expenses and costs (including, but not limited to, reasonable
legal & lawyer fees) arising from your use of the services, your violation of the
terms or your infringement, or infringement by any other user of your account, of any
intellectual property or other right of anyone.
E) More Stuff. The Topperlearning.com Sites provide information
of a general nature and are designed for informational and entertainment purposes only
and are not meant to be a substitute for medical, health, legal, or financial advice from
a professional. Consult with your professional for any specific medical, health, legal,
or financial concern. The Topperlearning.com Sites do not endorse any of the treatments,
medications, or products discussed herein.
Topperlearning.com rights under this Agreement may not be waived
unless GREYCELLS18 MEDIA PRIVATE LIMITED agrees to such change in writing. This Agreement
is personal to you and you may assign this agreement only with GREYCELLS18 MEDIA PRIVATE
LIMITED prior written approval. Any other attempt to assign, transfer or delegate this
Agreement shall be null and void.
Miscellaneous Terms:
· No Partnership/Assignment. Our relationship is not one of agency or partnership
and you will not be deemed to be a partner, employee, fiduciary, agent or representative
of Topperlearning.com by your use of the site. You may not assign or transfer your rights
to any third party.
· Severability. These terms are severable. In the event that any provision is
determined to be unenforceable or invalid, such provision shall nonetheless be enforced
to the fullest extent permitted by applicable law, and such determination shall not
affect the validity and enforceability of any other remaining provisions.
· No Waiver. Failure to enforce a term of this agreement shall not be deemed a
subsequent waiver of that term or other terms.
· Termination of Membership Permitted. The license granted in this agreement shall
terminate automatically without notice from Topperlearning.com if you fail to comply with
any provision of this agreement. Topperlearning.com may terminate a free membership at
its sole discretion.
· Headings of No Effect. The headings in this agreement are used for convenience
only and not for interpretation.
SECTION
‘B’
Subscription Terms of Service
THIS SUBSCRIPTION AGREEMENT ("AGREEMENT") IS A LEGAL AND BINDING AGREEMENT
BETWEEN YOU ("SUBSCRIBER", "YOU," "YOUR" OR
"YOURSELF"), AS THE END USER, AND GREYCELLS18 MEDIA PRIVATE LIMITED
("OUR," "US," OR "WE"). PLEASE READ THIS
AGREEMENT CAREFULLY PRIOR TO USING Topperlearning.com SUBSCRIPTION SERVICE (THE
"SERVICES"). BY REGISTERING FOR THE SERVICES, YOU ARE CONSENTING TO BECOME A
PARTY TO THIS AGREEMENT AND AGREEING TO BE BOUND BY THE TERMS AND CONDITIONS HEREIN. IF
YOU DO NOT ACCEPT AND AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, PLEASE
DISCONTINUE THE REGISTRATION PROCESS.
1. Access
Subscribers are responsible for providing all personal computer
and communications equipment necessary to gain access to the Service. Access to and use
of premium services is through a combination of an ID and a password. Each Subscriber
must keep his password strictly confidential. Topperlearning.com will not release
passwords for any reason, except as may be specifically required by law or court order.
Unauthorized access to premium service is a breach of this Agreement and a violation of
law.
2. Warranty
No warranty is made by Topperlearning.com regarding any
information, services, or products provided through or in connection with subscription
services, and Topperlearning.com hereby expressly disclaims any and all warranties,
including without limitation: any warranties as to the availability, accuracy, or content
of information, products, or services; any warranties of merchantability or fitness for a
particular purpose. Some countries / states do not allow the exclusion of implied
warranties, so the above exclusion may not apply to you. The subscriber hereby warrants
and represents that he or she is in all respects is qualified and competent to enter into
this agreement.
3 Limitations of Liability
YOU HEREBY AGREE THAT WE WILL NOT BE LIABLE FOR INDIRECT,
SPECIAL OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF REVENUE, PROFITS OR DATA ARISING IN
CONNECTION WITH THIS AGREEMENT OR THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. FURTHER, OUR AGGREGATE LIABILITY ARISING WITH RESPECT TO
THIS AGREEMENT AND THE SERVICE WILL NOT EXCEED THE TOTAL FEES PAID BY YOU UNDER THIS
AGREEMENT.
4. Use Restriction
The material on Topperlearning.com web sites is for the private,
non-commercial enjoyment of Subscribers only. Any other use is strictly prohibited.
Topperlearning.com spends a great deal of time and money to obtain the information
appearing on its web sites. Subscribers agree that they will not copy, publish, or in any
way make available publicly any news, pictures, interviews, features, or any other
information from Topperlearning.com web sites, without express written permission from
Topperlearning.com. Subscribers agree that, should they do so, Topperlearning.com
reserves the right to cancel their subscription immediately without refund. Additionally,
reuse of copyrighted information (pictures, interviews, features, videos, audio, etc.)
will be prosecuted to the fullest extent of the law.
5. Modifications to Site & this
‘Terms of Service’.
Topperlearning.com reserves the right to discontinue, delete,
change or modify the content or purposes of the site from time to time. This agreement is
subject to change by Topperlearning.com at any time. We may modify any of the terms and
conditions contained in this Agreement at any time in our sole discretion. You will be
notified by email where reasonably possible and a change notice will be posted at
http://www.topperlearning.com/terms.php. If any modification is unacceptable to you, you
agree that your only recourse is to terminate this Agreement. Your continued use of the
Service following our posting of a change notice or new agreement on the
Topperlearning.com Sites will constitute your binding acceptance of the change.
6. Notices
Notices by Topperlearning.com to Subscribers may be given by
means of electronic messages or by a general posting on the service. Notices by
Subscribers may be given by electronic messages.
7. FAQ
For answers to questions about your Topperlearning.com services
subscription, please visit our FAQs. All questions that can't be answered at the FAQs
should be sent by means of electronic message to insert email address here. Please
include your name, Unique ID and email address in all correspondence or we will not
respond.
8. Communities
A) Registering for the Notice board & Event boards (the
"Boards"), you agree to use the message boards only to send and receive
messages and material that are proper and related to the particular forum. By way of
example, and not as a limitation, you agree that when using a message board, you will
not:
· Defame abuse, harass, stalk, threaten or otherwise violate the legal rights
(such as rights of privacy and publicity) of others.
· Publish, post, upload, distribute or disseminate any inappropriate, profane,
defamatory, infringing, obscene, indecent or unlawful topic, name, material or
information.
· Upload files that contain software or other material protected by intellectual
property laws (or by rights of privacy of publicity) unless you own or control the rights
thereto or have received all necessary consents.
· Upload files that contain viruses, corrupted files, or any other similar
software or programs that may damage the operation of another's computer.
· Advertise or offer to sell any goods or services for any commercial purpose.
· Conduct or forward surveys, contests, pyramid schemes or chain letters.
· Download any file posted by another user of a forum that you know, or reasonably
should know, cannot be legally distributed in such manner.
· Restrict or inhibit any other user from using and enjoying the message boards.
· Falsify or delete any author attributions, legal or other proper notices or
proprietary designations or labels of the origin or source of software or other material
contained in a file that is uploaded.
· Breach all or any local, state, national and international laws &
regulations.
· Post postings to our workplace / company mates section that would be a violation
of your employer’s policies.
B) Message Board termination. Topperlearning.com and its
affiliates reserve the right to terminate your access without refund to any or all of the
Boards and to your paid subscription itself at any time without notice for any reason
whatsoever.
C) Monitoring. Topperlearning.com and its affiliates have no
obligation to monitor the any boards. However, Topperlearning.com and its affiliates
reserve the right at all times to disclose any information as necessary to satisfy any
applicable law, regulation, legal process or governmental request, or to edit, refuse to
post or to remove any information or materials, in whole or in part, in
Topperlearning.com or any of its affiliates' sole discretion.
D) Usage. The Boards are public and not private communications
and others may read your communications without your knowledge. Always use caution when
giving out any personally identifying information about yourself in any message board
community. Topperlearning.com and its affiliates do not control or endorse the content,
messages or information found in any community and, therefore, Topperlearning.com and its
affiliates specifically disclaim any liability with regard to the Boards and any actions
resulting from your participation on any Board. Board managers and hosts are not
authorized spokespersons of Topperlearning.com or any of its affiliates, and their views
do not necessarily reflect those of Topperlearning.com and its affiliates. They do,
however, set standards on their own forums.
By posting messages, uploading files, inputting data, or engaging in any other form of
communication through this Web site, you are granting Topperlearning.com and its
affiliates permission to: use, modify, copy, distribute, transmit, publicly display,
publicly perform, reproduce, publish, sublicense, create derivative works from, transfer,
or sell any such communication.
The foregoing grants shall include the right to exploit any proprietary rights in such
communication, including but not limited to rights under copyright, trademark, service
mark or patent laws under any relevant jurisdiction.
14. The parties have agreed that this Agreement shall be written
in English.
15. Entire Agreement.
This agreement is the entire understanding between us regarding
your access to, license and use of the site and its content and supersedes any prior
agreements, statements or representations with respect to the same. If any provision of
this agreement is held invalid, the remainder of this agreement shall continue in full
force and effect.
We sincerely hope you enjoy your use of the Topperlearning.com site. Please understand
that these rules protect the integrity of the information for all our members.
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