TopTop's Terms of Service
This Terms of Service ("Terms") was written in English (US). This Terms is the legitimate agreement by and between You and TopTop ("TopTop" or "We"). To the extent any translated version of Terms agreement conflicts against the English version, this English version prevails.
You should read Terms in full because they apply every time you visit TopTop, and is the terms of service that governs the relationship between the users who interact with TopTop, as well as TopTop brands, products and services, which We call the "TopTop Services" or "Services". By using or accessing the TopTop Services, you agree to this Terms. However, just in case you ever need a reminder of the main points, here’s a quick basic Terms:
- 1. We’re not responsible for any materials that you post or address while you are using TopTop and We don’t monitor the contents in your personal devices, but if We find or someone alerts about your inappropriate activities, we will, in our sole discretions, remove such materials.
- 3. You will not use TopTop to do anything unlawful, misleading, malicious, or discriminatory.
The full legal bit
TopTop is a free social app provides you to play games and chat with your friends anytime and anywhere. In this app, you can choose to invite your real-life friends to a game party, or play your favorite games with new friends around the world. It is intended to be a fun place to visit and it is important to us (and for you) that it remains a safe and friendly environment so you agree that you will only use TopTop in a manner consistent with its purpose and which is in accordance with the Terms.
The Terms apply whenever you use TopTop, whether or not you have chosen to register with us, so please read them carefully. By accessing, using, registering for or receiving services offered on TopTop (the "Services") you are accepting and agreeing to be bound by the Terms.
IF YOU DO NOT ACCEPT AND AGREE TO THE TERMS THEN YOU MUST NOT ACCESS OR USE THE APP OR SITE.
2. Sharing Your Content and Information
You are able to post all kinds of things on TopTop, including photographs, messages and other content ("Content"). You own all of the content and information you post on TopTop. While there are some rules about what is acceptable though, so when you are using TopTop you may not post or send any Content which:
- 1. contains expletives or language which could be deemed offensive or is likely to harass, upset, embarrass, alarm or annoy any other person;
- 2. is obscene, pornographic or otherwise may offend human dignity;
- 3. is abusive, insulting or threatening, or which promotes or encourages racism, sexism, hatred or bigotry;
- 4. encourages any illegal activity including but not limited to, terrorism, inciting racial hatred or the submission of which in itself constitutes committing a criminal offence;
- 5. is defamatory;
- 6. relates to commercial activities (including, without limitation, sales, competitions and advertising, links to other websites or premium line telephone numbers);
- 7. involves the transmission of "junk" mail or "spam";
- 8. contains any spy ware, viruses, corrupt files, worm programmes or other malicious code designed to interrupt, damage or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers or other equipment, Trojan horse or any other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal information whether from TopTop or otherwise;
- 9. itself, or the posting of which, infringes any third party’s rights (including but not limited to, intellectual property rights and privacy rights);
- 10. shows another person which was created or distributed without that person’s consent
- 11. We always appreciate your feedback or other suggestions about TopTop, but you understand that we may use your feedback or suggestions without any obligation to compensate you for them (just as you have no obligation to offer them).
Please use your common sense when picking the Content that you choose to post on or send via TopTop because you are solely responsible for, and bear all liability in relation to, such Content.
3. Protecting Other People's Rights
We respect other people's rights and do our best to keep TopTop safe, and expect you to do the same.
- 1. You will not post content or take any action on TopTop that infringes or violates someone else's rights or otherwise violates the law, or violates TopTop Community Guidelines.
- 2. We can remove any content or information you post on TopTop and/or disable your account if we believe that it violates this Terms or our policies.
- 3. If we remove your content for infringing someone else's copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.
- 4. If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.
- 5. You will not use our copyrights or Trademarks or any confusingly similar marks, except as expressly permitted by our Brand Usage Guidelines or with our prior written permission.
- 7. You will not post anyone's identification documents or sensitive financial information on TopTop.
- 8. You will not tag users or send email invitations to non-users without their consent.
4. Registration and Account
Registering with TopTop requires nickname and profile picture. You may choose to provide other optional information. We provide two ways to access TopTop, Facebook and phone number. Here are some commitments you make to us relating to registering and maintaining the security of your account:
- 1. You will not transfer your account to anyone without first getting our written permission.
- 2. You will not provide any false personal information on TopTop, or create an account for anyone other than yourself without permission.
- 3. If we disable your account, you will not be able to access TopTop.
- 4. We reserve the right to destroy or ban your account if we believe it is appropriate.
- 5.We do not reimburse you for possible loss and/or unused paid services you may have had due to and before disabling, destroying or banning.
If you violate the Terms, or otherwise create risk or possible legal exposure for us, then we reserve the right at our sole discretion, at any time and without liability or the need to give you prior notice or to refund any unused services to:
- 1. suspend or revoke your registration (where applicable) and your right to access and/or use TopTop or submit any Content to TopTop.
- 2. make use of any operational, technological, legal, or other means available to enforce the Terms (including without limitation blocking specific IP addresses, devices, and/or other technical characteristics).
We will try (but we are not obliged) to notify you if your access to TopTop and/or your Profile is to be or has been suspended or terminated.
6. Proprietary Rights in Content on TopTop
- 1. TopTop does NOT claim ANY ownership rights in the text, files, images, photos, videos, sounds, musical works, works of authorship, applications, or any other materials (collectively, "Content") that you post on or through the TopTop Services. By displaying or publishing ("posting") any Content on or through the TopTop Services, you hereby grant to TopTop a non-exclusive, fully paid and royalty-free, worldwide, limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce and translate such Content, including without limitation distributing part or all of the Site in any media formats through any media channels, except Content not shared publicly ("private") will not be distributed outside the TopTop Services.
- 2. You represent and warrant that: (i) you own the Content posted by you on or through the TopTop Services or otherwise have the right to grant the license set forth in this section, (ii) the posting and use of your Content on or through the TopTop Services does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person, and (iii) the posting of your Content on the Site does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owing any person by reason of Content you post on or through the TopTop Services.
- 3. The TopTop Services contain Content of TopTop ("TopTop Content"). TopTop Content is protected by copyright, trademark, patent, trade secret and other laws, and TopTop owns and retains all rights in the TopTop Content and the TopTop Services. TopTop hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the TopTop Content (excluding any software code) solely for your personal use in connection with viewing the Site and using the TopTop Services.
- 4. The TopTop Services contain Content of Users and other TopTop licensors. Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the TopTop Services.
- 5. TopTop performs technical functions necessary to offer the TopTop Services, including but not limited to transcoding and/or reformatting Content to allow its use throughout the TopTop Services.
- 6. Although the Site and other TopTop Services are normally available, there will be occasions when the Site or other TopTop Services will be interrupted for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and equipment that are beyond the control of TopTop. Also, although TopTop will normally only delete Content that violates this Agreement, TopTop reserves the right to delete any Content for any reason, without prior notice. Deleted content may be stored by TopTop in order to comply with certain legal obligations and is not retrievable without a valid court order. Consequently, TopTop encourages you to maintain your own backup of your Content. In other words, TopTop is not a backup service. TopTop will not be liable to you for any modification, suspension, or discontinuation of the TopTop Services, or the loss of any Content.
7. Disclaimer of warranties and limitation of liability
To the fullest extent permitted by law, TopTop expressly excludes:
- 1. all conditions, representations, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
- 2. any liability incurred by you arising from use of TopTop, its services or these terms and conditions, including without limitation for any claims, charges, demands, damages, liabilities, losses or expenses of whatever nature and howsoever direct, indirect, incidental, special, exemplary, punitive or consequential damages (however arising including negligence), loss of use, loss of data, loss caused by a computer or electronic virus, loss of income or profit, loss of or damage to property, wasted management or office time, breach of contract or claims of third parties or other losses of any kind or character, even if TopTop has been advised of the possibility of such damages or losses, arising out of or in connection with the use of TopTop. This limitation on liability applies to, but is not limited to, the transmission of any disabling device or virus that may infect your equipment, failure or mechanical or electrical equipment or communication lines, telephone or other interconnect problems (e.g., you cannot access your internet service provider), unauthorized access, theft, bodily injury (other than caused by our negligence), property damage, operator errors, strikes or other labor problems or any act of god in connection with TopTop including but not limited to any liability for loss of revenue or income, loss of profits or contracts, loss of business, loss of anticipated savings, loss of goodwill, loss of data, wasted management or office time and any other loss or damage of any kind, however arising and whether caused by tort (including, but not limited to, negligence), breach of contract or otherwise, even if foreseeable whether arising directly or indirectly.
- 3. For clearance of doubt, although TopTop is under no obligation to assumes responsibility or liability arising from the activities you are engaging, nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information while you are using Service. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. TopTop will fully cooperate with any law enforcement authorities or court order requesting or directing TopTop to disclose the identity of any user that is engaging in any illegal activities.
You agree to defend, indemnify and hold harmless TopTop, its parent corporation, 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 the TopTop Service; (ii) your violation of any term of these Terms; (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 Status Submissions caused damage to a third party. This defense and indemnification obligation will survive this Terms and your use of the TopTop Service. We don't support or encourage illegal consumption of alcohol or tobacco, so there.
This Terms shall be governed by the most applicable laws to that event, which shall be decided by TopTop. In the event that the laws of People's Republic of China are decided as the governing law, the rules of choice of law does not apply. The jurisdiction and venue of any actions arising out of, or relating to or in any way connected with your access and/or use of this site shall be exclusively in People's court of Beijing ChaoYang division, PRC.
We reserve the right to make changes to these terms and give you the opportunity to review and comment on the revised terms before continuing to use our Services. we may provide notice on the Website if we make changes to policies, guidelines or other terms referenced in or incorporated by this Statement.