Top5.com ("Top5.com") is a social site and platform that is in essence an operating system for lists. We make it easy, fun, and social for users to rank things – anything – via a drop-and-drag interface and a comprehensive database. Users can setup a profile with all of their ratings, favorites, lists and more, connect their profile with friends and meet new people with similar taste through our website located at www.Top5.com and any other websites or applications, operated or controlled by us ("Website").
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"). 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 Top5.com, 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 Top5.com, 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; or
- 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 without limitation any 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.
1. NO FINANCIAL ADVICE; RISK
We do not provide tax, legal or investment advice. Top5.com does not guarantee the safety or legality of the information provided or the products or services offered. You should exercise as much caution as you would typically exercise with any purchase of products or services. The above is not intended as an all-inclusive list of risks or a substitute for independent legal or financial advice. Always seek advice from qualified advisors, and read and understand all enrollment materials carefully.
The information contained at our website and/or any advice or comments made by any agent or employee of Top5.com are intended only to educate and assist clients, applicants, visitors, and the like. This information is provided for informational purposes only and is not meant to be a substitute for professional counseling and advice from certified legal or financial professionals.
Top5.com provides a matching service that allows you to input your information once and receive quotes or calls from multiple people/organizations to provide you a convenient, fast method for evaluating your options and making informed decisions relating to a particular service that is being advertised. We do not offer or provide these counseling or financial services, and there is no charge to consumers for the use of our matching service. By using this service, you expressly waive any claim against us relating to the quality of any services we match you with, and understand that we are not responsible for the quality of any services you ultimately select.
By using our service and providing your personal contact information, you agree that one or more of the companies you are matched with may contact you by email, telephone, mail or any other method of communication. You request and expressly consent to receive any telephone call from independent providers of the services we match you with, regardless of whether your contact information appears on any federal or state No Call Registry. Your information may also be sent to other service providers who may also contact you independent of us.
We seek to connect consumers with companies that provide a variety of services. Statements relating to potential results from these services may apply to one type of service but not another.
Any financial or other relationship entered into between you and any third party that arose from information received or accessed through this website or Top5.com is solely between you and the third party. Top5.com is not a party to your agreements and you assume sole liability for any such agreements. We are not responsible for any transaction that may occur between you or your company and a Top5.com client.
The providers are from companies or industries that may require licensing, bonding, registration or other prerequisites in order to lawfully do business in your state. We encourage you to check with the appropriate agency to be certain any requirements are being met. Individual program fees and results vary, and programs may be unavailable in some states.
The fact that you are matched with a provider that offers you a particular solution should not be intended to suggest that the solution is right for you, or that Top5.com endorses any particular provider or solution. You are strongly encouraged to consult with an attorney and/or a qualified financial advisor prior to making any decision that could have significant legal or financial consequences to you.
Should you have a dispute with any of Top5.com's suppliers/vendors that you are matched with, you must address such dispute to the supplier/vendor directly, and by using this website you hereby agree to release Top5.com (and our employees, agent, and affiliated entitles, if any, and their employees and agents) from any damages or claims (including consequential and incidental damages) of every kind or nature, suspected and unsuspected, known and unknown, and disclosed or undisclosed, arising out of or in any way connected with such disputes and your dealings with such matched individuals or organizations.
We value our integrity and as a company and individuals, we are committed to providing you with a positive experience. If for any reason, you are not completely satisfied with our service, please email us at: customerservice@Top5.com to discuss your concerns.
3. YOUR USE OF TOP5.COM SERVICES
You agree that by entering your personal information and submitting it to Top5.com, you are entering into a business relationship with Top5.com, requesting that it distribute your information to its contracted marketing partners, and you expressly consent and request to be contacted by Top5.com, its employees, representatives, agents and third party contracted vendors with promotions and offers relating to your request even if the entered telephone number is currently on a federal, state, or wireless Do Not Call list. By submitting your personal information, you expressly consent to be contacted by Top5.com and it's contracted marketing partners. It is expressly understood that these contacts, telephone calls, emails, letters, and faxes are being made pursuant to your request for such communications. These contacts are necessary so that that we may provide the services set forth on our site that you requested, to service your account, to reasonably address matters pertaining to your account or for other reasonable purposes related to our business.
If it is determined or suspected by Top5.com in its sole discretion that you are misusing or attempting to misuse or circumvent the Top5.com services or system, or are using or attempting to use it for any inappropriate purposes, including but not limited to activities such as hacking, fraud, advertising, cartelling or spamming, Top5.com reserves the right, in its sole discretion, to immediately terminate your access without notice and to instigate without notice appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including, but not limited to, lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies.
In this connection, you acknowledge that if you violate your obligation hereunder not to cartel (i.e., if you use our system as part of an attempt to solicit or sell leads to our clients), in addition to all other remedies available to Top5.com, we will be entitled to liquidated damages in the amount of Fifty Thousand and 00/100 Dollars ($50,000.00). You agree and acknowledge that these liquidated damages are a fair and accurate estimate of Top5.com's actual damages resulting from a breach of this provision and shall not be construed as penalty or punitive damages against you.
4. INFORMATION YOU PROVIDE TO US
5. YOUR USE OF TOP5.COM CONTENT
Top5.com also provides content including, but not limited to, text, software, photographs, graphics, data, and other material ("Content") that are protected by copyright and other laws in both the United States and elsewhere. The Content includes both content owned or controlled by the Top5.com and content owned or controlled by third parties and licensed to Top5.com. Top5.com authorizes you to view and download a single copy of the Content on the site solely for your personal, non-commercial use. You may not sell or modify the Content or reproduce, display, publicly perform, distribute, or otherwise use the Content in any way for any public or commercial purpose without the written permission of Top5.com. As a condition of your use of this site, you warrant that you will not use this site for any purpose that is unlawful or prohibited by these terms, conditions, and notices.
Use of Top5.com Content for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
6. LINKS TO THIRD PARTY SITES
There are links in the Top5.com web site that will let you leave Top5.com's web site. The linked sites are not under the control of Top5.com and Top5.com is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. Top5.com is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Top5.com of the site.
7. UPGRADES, SUPPORT AND NOTICES
8. NO WARRANTIES
Top5.com does not fully evaluate any company, organization, or individual, or their respective offers, that are accessible through this website. While we use some care in selecting our associates and affiliates, we make no express or implied warranty or representation, nor are we liable for any direct, indirect or consequential damage arising in connection with respect to any of the programs, services or products accessed through this website.
Any financial or other relationship entered into between you and any third party that arose from information received or accessed through this website or Top5.com is solely between you and the third party. Top5.com is not a party to your agreements and you assume sole liability for any such agreements.
THIS WEB SITE, INCLUDING ALL CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH THIS WEB SITE, IS PROVIDED "AS IS". TO THE FULLEST EXTENT PERMISSIBLE BY LAW, TOP5.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON WEB SITE. FURTHER, TOP5.COM DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TOP5.COM DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS WEB SITE OR ANY MATERIALS OR CONTENT CONTAINED HEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TOP5.COM SHALL NOT BE LIABLE FOR THE USE OF THIS WEB SITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED HEREIN. IN NO EVENT WILL TOP5.COM BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, SPECIAL, INCIDENTAL, INDIRECT OR OTHER CONSEQUENTIAL DAMAGES, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER OR NOT EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
If any part of these warranty disclaimers or limitations of liability is found to be invalid or unenforceable for any reason, then our aggregate liability for all claims under such circumstances for liabilities that otherwise would have been limited, shall not exceed the greater of fifty dollars ($50.00) or the amount paid by you to Top5.com for your use of any services.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Top5.com as a result of this agreement or use of this Web site.
9. GOVERNING LAW
The laws of the State of California shall govern this Legal Statement.
10. INTERNATIONAL ACCESS
Our website is provided from the United States of America and all servers that make it available reside in the U.S.A. The laws of other countries may differ regarding the access and use of the website. We make no representations regarding the legality of this website in any other country and it is your responsibility to ensure that your use complies with all applicable laws outside of the U.S.A.
11. BINDING ARBITRATION
This agreement constitutes the entire agreement between you and Top5.com with respect to this site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Top5.com with respect to this site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Copyright © Top5.com, 2011 All Rights Reserved.