ACCEPTANCE OF TERMS
OnTopOf website (“OnTopOf”) was created to provide the most shareable news, entertainment, videos and other content in order to educate people and help them stay on top of everything in their daily lives.
This Agreement, which incorporates by reference other provisions, which may from time to time be published on OnTopOf and applicable to use of the Services, including, but not limited to, Author Rules, Submission Guide, Privacy, Advertising, etc. (“the Supplementary Terms”) governing the use of certain specific features of services on OnTopOf, sets forth the terms and conditions that apply to use of the OnTopOf by a User. By using OnTopOf (other than to read this Agreement for the first time), you agree to comply with all of the terms and conditions hereof.
The right to use OnTopOf is personal to User and is not transferable to any other person or entity. You may register for an account on the Services (“the Account") or log in using your Facebook, Twitter, or Google login information. To use certain features of the Services, you are not required to sign up for an Account. However, certain features of the Services, such as posting to community pages of OnTopOf, require you to register for an Account. You must provide accurate and complete information and keep your Account information updated. You shall not: (i) select or use as a username a name of another person with the intent to impersonate that person; (ii) use as a username a name subject to any rights of a person other than you without appropriate authorization; or (iii) use, as a username, a name that is otherwise offensive, vulgar or obscene. You are solely responsible for the activity that occurs on your Account, and for keeping your Account password secure. You may never use another person's user account or registration information for the Services without permission. You must notify us immediately of any change in your eligibility to use the Services (including any changes to or revocation of any licenses from governmental authorities), breach of security or unauthorized use of your Account. You should never publish, distribute or post login information for your Account. You shall have the ability to delete your Account, either directly or through a request made to one of our employees or affiliates.
DeltaQuest Media shall have the right at any time to change or discontinue any aspect or feature of the Services, including, but not limited to, content, hours of availability, and equipment needed for access or use.
DESCRIPTION OF SERVICES AND LICENSE TO USE
Through OnTopOf, we provide and/or shall be providing Users with access to a variety of resources, including, but not limited to: content, posting, search, download areas, communication tools, forums, blogs, product information, advertising, etc. The Services, including any updates, enhancements, new features, and/or the addition of any new web properties, are subject to the TOU.
DeltaQuest Media hereby grants a limited, terminable, not exclusive right to Users, to access, view and use Services on the OnTopOf solely for their personal, non-commercial use. You agree that you are solely responsible for the content of any information, material or documents that you post on the OnTopOf and any consequences arising from such posting. Your use of the OnTopOf is a privilege. We reserve the right to suspend or terminate that privilege for any reason at any time, in our sole discretion.
User shall be responsible for obtaining and maintaining all mobile devices, computer hardware, software and other equipment needed for access to and use of the Services on OnTopOf and all charges related thereto.
User must be 13 years of age or older to visit or use OnTopOf in any manner, and if under the age 18 or the age of majority as that is defined in your jurisdiction, must use OnTopOf under the supervision of a parent, legal guardian or other responsible adult.
User shall use the OnTopOf for lawful purposes only. User shall not post or transmit through the OnTopOf any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without DeltaQuest Media's express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a User that in discretion of DeltaQuest Media restricts or inhibits any other User from using or enjoying the OnTopOf will not be permitted.
The OnTopOf contains copyrighted material, trademarks and other proprietary information, including, but not limited to: text, photos, videos, graphics, music and sound, and the entire content of the OnTopOf is copyrighted as a collective work under the applicable copyright laws. User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. User may download copyrighted material for User's personal use only. Except as otherwise expressly permitted under applicable copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express written permission of DeltaQuest Media and/or the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. User acknowledges that it does not acquire any ownership rights by downloading copyrighted material.
User shall not upload, post or otherwise make available on the OnTopOf any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with User. User shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of the OnTopOf, User automatically grants, or warrants that the owner of such material has expressly granted DeltaQuest Media the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. User also permits any other User to access, view, store or reproduce the material for that User's personal use. User hereby grants DeltaQuest Media the right to edit, copy, publish and distribute any material made available on the OnTopOf by User.
USE OF COMMUNICATION SERVICES
The Services may contain email services, bulletin board services, chat areas, news groups, forums, blogs, communities, personal web pages, calendars, photographs, file cabinets and/or other message or communication facilities designed to enable User to communicate with others (“The Communication Services”). User agrees to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, User agrees that when using the Communication Services, User will not:
- Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise);
- 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, obscene, indecent or unlawful topic, name, material or information;
- Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless User own or control the rights thereto or have received all necessary consent to do the same;.
- Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party;
- Upload files that contain viruses, Trojan horses, worms, time bombs, cancel bots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another;
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allow such messages;
- Download any file posted by another user of a Communication Service that User know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner;
- Falsify or delete any copyright management information, such as 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;
- Restrict or inhibit any other user from using and enjoying the Communication Services;
- Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service;
- Harvest or otherwise collect information about others, including email addresses;
- Violate any applicable laws or regulations;
- Create a false identity for the purpose of misleading others;
- Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof.
DeltaQuest Media has no obligation to monitor the Communication Services. However, DeltaQuest Media reserves the right to review materials posted by the Communication Services and to remove any materials in its sole discretion. DeltaQuest Media reserves the right to terminate User’s access to any or all of the Communication Services at any time, without notice, for any reason whatsoever. DeltaQuest Media reserves the right at all times to disclose any information as it deems 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 sole discretion of DeltaQuest Media.
Materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction and/or dissemination; User is responsible for adhering to such limitations if User downloads the materials.
User should always use caution when giving out any personally identifiable information in any Communication Services. DeltaQuest Media does not control or endorse the content, messages or information found in any Communication Services and, therefore, DeltaQuest Media specifically disclaims any liability with regard to the Communication Services and any actions resulting from User’s participation in any Communication Services. Users are not authorized DeltaQuest Media spokespersons, and their views do not necessarily reflect those of DeltaQuest Media.
NOTICE SPECIFIC TO SOFTWARE AVAILABLE ON THE ONTOPOF
Any software that is made available to use or download from the Services ("Software") is the copyrighted work of DeltaQuest Media and/or its suppliers. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). User shall be unable to use or install any Software that is accompanied by or includes a License Agreement, unless User first agrees to the License Agreement terms.
The Software is made available for download solely for use by Users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, DELTAQUEST MEDIA HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
FOR YOUR CONVENIENCE, DELTAQUEST MEDIA MAY MAKE AVAILABLE AS PART OF THE SERVICES OR IN ITS SOFTWARE PRODUCTS, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD. DELTAQUEST MEDIA DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND UTILITIES. PLEASE RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS AND UTILITIES MADE AVAILABLE ON THE SERVICES.
NOTICE SPECIFIC TO DOCUMENTS AVAILABLE ON THE ONTOPOF
Permission to use Documents, such as white papers, press releases, info graphics, datasheets and FAQs from the Services is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such Documents from the Services is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Use 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.
DELTAQUEST MEDIA AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED AS PART OF THE SERVICES FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. DELTAQUEST MEDIA AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL DELTAQUEST MEDIA AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THE SERVICES.
THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE SERVICES COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. DELTAQUEST MEDIA AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.
IN NO EVENT SHALL DELTAQUEST MEDIA AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE SERVICES.
MATERIALS PROVIDED BY USERS
DeltaQuest Media does not claim ownership of the materials User provides on OnTopOf, including, without limitation: posts, uploads, inputs, feedbacks, suggestions or submits to any Services for review by the general public, or by the members of any public or private community, (each a "Submission" and collectively "Submissions"), unless such submissions are acquired by DeltaQuest Media on a paid basis or as otherwise may be agreed with the User. By posting, uploading, inputting, providing or submitting ("Posting") User’s Submission, you hereby do and shall grant us a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sub licensable and transferable license to use, edit, modify, truncate, aggregate, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the Submission in connection with OnTopOf, the Services and our (and our successors' and assigns') businesses, including without limitation for promoting and redistributing part or all of the OnTopOf or the Services (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds), including after your termination of your Account or the Services. For the sake of clarity, the foregoing license grant includes our right to distribute, display, perform and otherwise use the Submission in connection with material provided by our sponsors, and you shall not be entitled to any remuneration for such use. To the extent any User’s Submission you submit includes your name, likeness, voice, or photograph, you acknowledge and agree that the foregoing license as described above shall apply to the same. You also hereby do and shall grant each user of OnTopOf and/or the Services a non-exclusive, perpetual license to access your User’s Submission through OnTopOf and/or the Services, solely for personal use of such User, including after your termination of your Account or the Services. For clarity, the foregoing license you grant to us and our Users, do not affect your other ownership or license rights in your User’s Submission, including the right to grant additional licenses to your User’s Submission, unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.
No compensation will be paid with respect to the use of User’s Submission, as provided herein, unless specifically agreed otherwise. DeltaQuest Media is under no obligation to post or use any Submission User may provide and may remove any Submission at any time in its sole discretion. By Posting a Submission User warrants and represents to own or otherwise control all of the rights to User’s Submission as described in these TOU including, without limitation, all the rights necessary for User to provide, post, upload, input or submit the Submissions.
In addition to the warranty and representation set forth above, by Posting a Submission that contains images, photographs, pictures, videos or that are otherwise graphical in whole or in part ("Images"), User warrants and represents that (a) User is the copyright owner of such Images, or that the copyright owner of such Images has granted User permission to use such Images or any content and/or images contained in such Images consistent with the manner and purpose of User’s use of the Services and as otherwise permitted by these TOU, (b) User has the rights necessary to grant the licenses and sublicenses described in these TOU, and (c) that each person depicted in such Images, if any, has provided consent to the use of the Images as set forth in these TOU, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Images. By Posting Images, User is granting (a) to all members of User’s private community (for each such Images available to members of such private community), and/or (b) to the general public (for each such Images available anywhere on the Services, other than a private community), permission to use User’s Images in connection with the use, as permitted by these TOU, of any of the Services, (including, by way of example, and not as a limitation, making prints and gift items which include such Images), and including, without limitation, a non-exclusive, world-wide, royalty-free license to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat User’s Images without having User’s name attached to such Images, and the right to sublicense such rights to any supplier of the Services. The licenses granted in the preceding sentences for Images will terminate at the time User completely removes such Images from the Services, provided that, such termination shall not affect any licenses granted in connection with such Images prior to the time User completely removes such Images. No compensation will be paid with respect to the use of User’s Images.
DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY
USER EXPRESSLY AGREES THAT USE OF THE ONTOPOF IS AT USER'S SOLE RISK. NEITHER DELTAQUEST MEDIA, NOR ITS SHAREHOLDERS, SUBSIDIARIES, AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, ADVERTISERS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT, REPRESENT OR GUARANTEE THAT THE ONTOPOF WILL BE UNINTERRUPTED OR ERROR FREE, NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE ONTOPOF, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE ONTOPOF.
THE ONTOPOF IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES, REPRESENTATIONS OR GUARANTEES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. USER SPECIFICALLY ACKNOWLEDGES THAT DELTAQUEST MEDIA IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER.
IN NO EVENT WILL DELTAQUEST MEDIA, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ANY OF THE SERVICES OF ONTOPOF, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, AND CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE ONTOPOF. USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE ONTOPOF.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSIQUENTIAL OR INCIDENTAL DAMAGES, THE LIMITATIONS SET FORTH IN THE PRECEDING PARAGRAPH MAY NOT APPLY TO YOU. IF ANY ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN DELTAQUEST MEDIA’S MAXIMUM LIABILITY TO YOU FOR ANY NON-DIRECT TYPE OF DAMAGES SHALL BE LIMITED TO U.S. DOLLARS 100 IN THE AGGREGATE.
IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, DELTAQUEST MEDIA, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THE ONTOPOF, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.
NEITHER ELTAQUEST MEDIA, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION.
DUE TO NATURE OF THIS AGREEMENT, IN ADDITION TO MONEY DAMAGES, YOU AGREE THAT THE DELTAQUEST MEDIA WILL BE ENTITLED TO EQUITABLE RELEIF UPON A BREACH OF THIS AGREEMENT BY YOU.
DELTAQUEST MEDIA SHALL NOT BE RESPONSIBLE FOR ANY FAILURE OR DELAY IN PERFORMANCE DUE TO CIRCUMSTANCES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, RIOT, EMBARGOES, ACTS OF CIVIL OR MILITARY AUTHORITIES, FIRE, FLOODS, ACCIDENTS, SERVICE OUTAGES RESULTING FROM EQUIPMENT AND/OR SOFTWARE FAILURE AND/OR TELECOMMUNICATIONS FAILURES, POWER FAILURES, NETWORK FAILURES, FAILURES OF THIRD PARTY SERVICE PROVIDERS (INCLUDING PROVIDERS OF INTERNET SERVICES AND TELECOMMUNICATIONS).
THE ONTOPOF MAY CONTAIN LINKS TO THIRD PARTY WEB SITES. SUCH LINKED SITES ARE NOT UNDER THE CONTROL OF DELTAQUEST MEDIA AND DELTAQUEST MEDIA 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. DELTAQUEST MEDIA IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. DELTAQUEST MEDIA IS PROVIDING THESE LINKS TO USERS ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY DELTAQUEST MEDIA OF THE SITE.
IN MANY INSTANCES, THE CONTENT AVAILABLE THROUGH THE ONTOPOF REPRESENTS THE OPINIONS AND JUDGMENTS OF THE RESPECTIVE INFORMATION PROVIDER, USER, OR OTHER USER NOT UNDER CONTRACT WITH DELTAQUEST MEDIA. DELTAQUEST MEDIA NEITHER ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE ON THE ONTOPOF BY ANYONE OTHER THAN AUTHORIZED DELTAQUEST MEDIA EMPLOYEES WHILE ACTING IN THEIR OFFICIAL CAPACITIES. UNDER NO CIRCUMSTANCES WILL DELTAQUEST MEDIA BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER'S RELIANCE ON INFORMATION OBTAINED THROUGH THE ONTOPOF. IT IS THE RESPONSIBILITY OF USER TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH DELTAQUEST MEDIA. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT.
UNSOLICITED IDEA SUBMISSION POLICY
DELTAQUEST MEDIA OR ANY OF ITS EMPLOYEES DO NOT ACCEPT OR CONSIDER UNSOLICITED IDEAS, INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS, NEW PRODUCTS OR TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING PLANS OR NEW PRODUCT NAMES. PLEASE DO NOT SEND ANY ORIGINAL CREATIVE ARTWORK, SAMPLES, DEMOS, OR OTHER WORKS. THE SOLE PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL MISUNDERSTANDINGS OR DISPUTES WHEN PRODUCTS OR MARKETING STRATEGIES OF DELTAQUEST MEDIA MIGHT SEEM SIMILAR TO IDEAS SUBMITTED TO DELTAQUEST MEDIA, SO, PLEASE DO NOT SEND ANY UNSOLICITED IDEAS TO DELTAQUEST MEDIA OR ANYONE AT DELTAQUEST MEDIA. IF, DESPITE OUR REQUEST THAT YOU DO NOT SEND US YOUR IDEAS AND MATERIALS, YOU STILL SEND THEM, PLEASE UNDERSTAND THAT DELTAQUEST MEDIA MAKES NO ASSURANCES THAT YOUR IDEAS AND MATERIALS WILL BE TREATED AS CONFIDENTIAL OR PROPRIETARY.
DeltaQuest Media shall have the right, but not the obligation, to monitor the content of the OnTopOf, including chat rooms, blogs and forums, to determine compliance with this TOU and any operating rules established by DeltaQuest Media and to satisfy any law, regulation or authorized government request. DeltaQuest Media shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on the OnTopOf. Without limiting the foregoing, DeltaQuest Media shall have the right to remove any material that DeltaQuest Media, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
'OnTopOf’ and its logos are registered trademarks of the DeltaQuest Media. All rights reserved. All other trademarks appearing on OnTopOf are the property of their respective owners.
The names of actual companies and products mentioned on the OnTopOf may be the trademarks of their respective owners. The “example” companies, organizations, products, domain names, email addresses, logos, people and events depicted herein are fictitious. No association with any real company, organization, product, domain name, email address, logo, person, or event is intended or should be inferred.
User agrees to defend, indemnify and hold harmless DeltaQuest Media, its shareholders, subsidiaries, affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including legal and attorneys' fees, arising out of the use of OnTopOf by User or User's Account.
This Agreement shall remain in full force and effect while you are a User of OnTopOf. DeltaQuest Media may terminate this Agreement at any time. Without limiting the foregoing, DeltaQuest Media shall have the right to immediately terminate User's Account in the event of any conduct by User, which DeltaQuest Media, in its sole discretion, considers to be unacceptable, or in the event of any breach by User of this Agreement.
Unless otherwise specified in this User Agreement, all notices under this User Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. Electronic notices should be sent to editor@OnTopOf.com
GOVERNING LAW AND JURISDICTION
This Agreement shall be construed in accordance with the laws of England and Wales, without regard to its conflict of laws rules. All disputes arising in connection with this Agreement shall be submitted to the exclusive jurisdiction of the English Courts.
These TOU and any operating rules for the OnTopOf established by DeltaQuest Media constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter.
If any provision of these TOU is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these TOU, which shall remain in full force and effect.
No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. In addition, DeltaQuest Media’s failure to enforce any term of these TOU shall not be deemed as a waiver of such term or otherwise affect DeltaQuest Media’s ability to enforce such term at any point in the future.
No agency, partnership, joint venture, or employment relationship is created as a result of this Agreement and neither party has any authority of any kind to bind the other in any respect.
The section headings used herein are for convenience only and shall not be given any legal importance.
Any rights not expressly granted herein are reserved.