TERMS AND CONDITIONS

 

 

Effective Date: Our Terms of Use will be effective on March 15, 2019 and as may be amended from time to time.

This is a legal agreement (“Agreement”) between you (“You” or “the User”) and TOPIT (“TOPIT”). By using the Upnexttheapp.com website and TOPIT service you are agreeing to be bound by the following terms and conditions of use (“Terms of Use”).  If you do not agree to the terms of this Agreement, do not access the Services and Platform (as defined below).

The Services are offered to you, the user, conditioned upon your acceptance without modification of this Agreement. You acknowledge that, from time to time, it may be necessary for TOPIT to update or revise certain provisions of the Agreement. By joining Upnexttheapp.com and/or the TOPIT Mobile App and accepting this Agreement, you agree that TOPIT may change the terms of the Agreement in its sole discretion without specific notice to you. If you do not agree to the changes proposed by TOPIT, or to any terms in this Agreement, your sole and exclusive remedy is to cancel your Upnexttheapp.com account and your TOPIT Mobile App account (“Your Account”).  Your continued use of TOPIT constitutes acceptance of any changes.  You also agree that you are responsible to ensure that you comply with the other provisions or terms as set forth on Upnexttheapp.com and the TOPIT Platform

Basic Terms of Use

  1. Your right to use the service and platform is personal to you.
  2. You agree that you shall not use the Services and Platform, in whole or in part, for any purpose that is unlawful or otherwise prohibited by this Agreement.
  3. You must be 13 years or older to use this site.
  4. You may not post nude, partially nude, or sexually suggestive photos or material.
  5. You shall be solely responsible for any activity that occurs under your screen name.
  6. You shall be solely and entirely responsible for all content and information posted via the service. 
  7. You shall be solely responsible for maintaining the confidentiality of your account.
  8. You shall be solely responsible for keeping your password and data secure.
  9. You shall not abuse, harass, threaten, impersonate or intimidate other TOPIT users.
  10. You may not use the TOPIT service and platform for any illegal or unauthorized purpose. International users agree to comply with all state and local laws regarding online conduct and acceptable content.
  11. You shall be solely responsible for your conduct and any data, text, information, screen names, graphics, photos, profiles, audio and video clips, links (“Content”) that you submit, post, and display on the TOPIT service and platform.
  12. You shall not modify, adapt or hack TOPIT or modify another website so as to falsely imply that it is associated with TOPIT.
  13. You shall not access TOPIT’s private API by any other means other than the TOPIT application itself.
  14. You shall not crawl, scrape, screen scrape, database scrape or otherwise cache any content from TOPIT including but not limited to user profiles and photos.
  15. You agree that you will not transfer any data that you received from TOPIT to any third party (including, but not limited to any data broker, influencer, digital advertiser, and funnel developer). 
  16. You shall not create or submit unwanted email or comments to any TOPIT members (“Spam”).
  17. You shall not use web URLs in your name without prior written consent from TOPIT.
  18. You shall not transmit any malicious material or viruses or any code of a destructive nature.
  19. You shall not, in the use of TOPIT, violate any laws in your jurisdiction (including but not limited to copyright laws).
  20. You represent and warrant that you own or have secured all rights necessary to post the content that you are posting.
  21. Violation of any of these agreements will result in the termination of your TOPIT account. Failure to follow this agreement may also result in your prosecution. While TOPIT prohibits such conduct and content on its site, you understand and agree that TOPIT cannot be responsible for the Content posted on its web site or application and you nonetheless may be exposed to such materials and that you use the TOPIT service and platform at your own risk.
  22. You acknowledge that either you or TOPIT may terminate or cancel your account at any time for any reason or no reason at all.
  23. You acknowledge that if you want to facilitate or promote on-line gambling, on-line real money games of skill, or on-line lotteries, you must get our written permission first.
  24. You acknowledge that you will not use the TOPIT service or platform to violate the rights (including, but not limited to legal, intellectual, or privacy) of any person or group or harm any person or animal.
  25. You acknowledge and agree that this Agreement may be entered into electronically as set forth herein, and without the necessity for written signatures.
  26. You acknowledge that all rights not expressly granted to you are reserve by TOPIT.
  27. You acknowledge that you assume all risk for using this service and platform.

 

General Conditions of Use

  1. We reserve the right to modify or terminate or cancel the TOPIT service and platform for any or no reason, without notice at any time.
  2. We do not represent that the TOPIT service or platform is free of inaccuracies, errors, bugs or interruptions, or is reliable or otherwise accurate.
  3. We reserve the right to alter these Terms of Use at any time. If the alterations constitute a material change to the Terms of Use, we will notify you via internet mail according to the preference expressed on your account. What constitutes a “material change” will be determined at our sole discretion, in good faith and using common sense and reasonable judgement.
  4. We reserve the right to refuse service to anyone for any reason at any time.
  5. We reserve the right to charge fees for future use of, or access to the TOPIT Service and Platform.
  6. We reserve the right to force forfeiture of any username that becomes inactive, violates trademark, violates the terms of this Agreement or may mislead other users.
  7. We may, but have no obligation to, remove Content and accounts containing Content that we determine in our sole discretion are unlawful, offensive, dangerous, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Use.
  8. We reserve the right to reclaim usernames on behalf of businesses or individuals that hold legal claim or trademark on those usernames.

Intellectual Property or Proprietary Rights in Content on TOPIT

  1. TOPIT does NOT claim ANY ownership or intellectual property rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, “Content”) that you post on or through the TOPIT Services and Platform. By displaying or publishing (“posting”) any Content on or through the TOPIT Services and Platform, you hereby grant to TOPIT 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 TOPIT Services and Platform.
  2. Some of the TOPIT Services and Platform are supported by advertising revenue and may display advertisements and promotions, and you hereby agree that TOPIT may place such advertising and promotions on the TOPIT Services and Platform or on, about, or in conjunction with your Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.
  3. You represent and warrant that: (i) you own the Content posted by you on or through the TOPIT Services and Platform 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 TOPIT Services and Platform does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person or company, 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, damages, and any other monies owing any person by reason of Content you post on or through the TOPIT Services and Platform.
  4. The TOPIT Services and Platform contain Content of TOPIT (“TOPIT Content”). TOPIT Content is protected by copyright, trademark, patent, trade secret and other laws, and TOPIT owns and retains all rights in the TOPIT Content and the TOPIT Services and Platform. TOPIT hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the TOPIT Content (excluding any software code) solely for your personal use in connection with viewing the Site and using the TOPIT Services and Platform.
  5. TOPIT actively and aggressively protects and enforces its intellectual property rights to the fullest extent allowed by law, including the recovery of all damages, attorney fees and costs.
  6. The TOPIT Services and Platform contain Content of Users and other TOPIT 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 TOPIT Services and Platform.
  7. TOPIT performs technical functions necessary to offer the TOPIT Services and Platform, including but not limited to transcoding and/or reformatting Content to allow its use throughout the TOPIT Services.
  8. Although the Site and other TOPIT Services and Platform are normally available, there will be occasions when the Site or other TOPIT Services and Platform 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 TOPIT. 
  9. TOPIT reserves the right to delete any Content for any reason, without prior notice. Deleted content may be stored by TOPIT in order to comply with certain legal obligations and is not retrievable without a valid court order. Consequently, TOPIT encourages you to maintain your own backup of your Content. In other words, TOPIT is not a backup service. TOPIT will not be liable to you for any modification, suspension, or discontinuation of the TOPIT Services, or the loss of any Content.

Additional Terms

  1. Disclaimer of Any Warranty: TOPIT Platform and all data derived through such Platform are provided “as is” with no warranty, express or implied, of any kind and TOPIT expressly disclaims any and all warranties and conditions, including but not limited to, any implied warranty of merchantability, fitness for a particular purpose, availability, security, title and non-infringement. You are solely responsible for any damage that results from the use of any TOPIT Platform and all any data derived through such Platform including, but not limited to, any damage to your computer system or loss of data.
  2. Limitation of Liability: TOPIT shall not, under any circumstances, be liable to you for any indirect, incidental, consequential, special or exemplary damages arising out of or in connection with use of the TOPIT Platform and any data derived through such Platform, whether based on breach of contract, breach of warranty, tort (including negligence, product liability or otherwise), or any other pecuniary loss, whether or not TOPIT has been advised of the possibility of such damages. Under no circumstances shall TOPIT be liable to you for any amount.
  3. Release and Waiver: To the maximum extent permitted by applicable law, you hereby release and waive all claims against TOPIT, and its subsidiaries, affiliates, officers, agents, licensors, co-branders or other partners, and employees from any and all liability for claims, damages (actual and/or consequential), costs and expenses (including litigation costs and attorneys’ fees) of every kind and nature, arising from or in any way related to your use of the TOPIT Platform and data derived through such Platform. If you are a California resident, you waive your rights under California Civil Code 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” You understand that any fact relating to any matter covered by this release may be found to be other than now believed to be true and you accept and assume the risk of such possible differences in fact. In addition, you expressly waive and relinquish any and all rights and benefits which you may have under any other state or federal statute or common law principle of similar effect, to the fullest extent permitted by law.
  4. Hold Harmless and Indemnify: To the maximum extent permitted by applicable law, you agree to hold harmless and indemnify TOPIT and its subsidiaries, affiliates, officers, agents, licensors, co-branders or other partners, and employees from and against any third-party claim arising from or in any way related to your use of the TOPIT Platform and any data derived through the Platform, including any liability or expense arising from all claims, losses, damages (actual and/or consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. TOPIT shall use good faith efforts to provide you with written notice of such claim, suit or action.
  5. Relationship of the Parties: Notwithstanding any provision hereof, for all purposes of the TOPIT Platform Terms, you and TOPIT shall be and act independently and not as partner, joint venturer, agent, employee or employer of the other. You don’t have any authority to assume or create any obligation for or on behalf of TOPIT, express or implied, and you must not attempt to bind TOPIT to any contract.
  6. Invalidity of Specific Terms: If any provision of the TOPIT Platform Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision and that the other provisions remain in full force and effect.
  7. No Waiver of Rights by TOPIT: TOPIT’s failure to exercise or enforce any right or provision of the TOPIT Platform Terms shall not constitute a waiver of such right or provision.
  8. TOPIT shall have the right to freely assign this Agreement, and its rights and obligations hereunder, to any third party without requiring the consent or notice of you, the user.  
  9. Subject to the foregoing, this Agreement shall be binding upon and inure to the benefits of the parties hereto, their successors and permitted assigns.
  10. This Agreement sets forth the entire understanding and agreement between TOPIT and you, the user with respect to the subject matter hereof.
  11. The section and subsection titles in the Agreement are for convenience only and have no legal or contractual effect.
  12. Each party is an independent contractor and not an agent or representative of any other party.
  13. No party shall have any right or authority to create any obligation or make any representation or warranty in the name or on behalf of any other party.
  14. This Agreement shall not be interpreted or construed to create an association, joint venture or partnership between the parties or to impose any partnership obligation or liability upon any party.
  15. The parties acknowledge and agree that this Agreement may be entered into electronically, as set forth herein and without the necessity of written signatures.  

Independent Right to Review

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND ALL RELATED SITE SCREENS REFERENCED AND INCORPORATED IN THIS AGREEMENT AND THAT YOU AGREE TO ALL ITS TERMS AND CONDITIONS. YOU HAVE INDEPENDENTLY EVALUATED ALL ASPECTS OF THIS AGREEMENT AND THE DESIRABILITY OF ENTERING INTO THE TRANSACTIONS CONTEMPLATED IN THIS AGREEMENT AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE OR STATEMENT OTHER THAN THOSE EXPRESSLY SET FORTH IN THIS AGREEMENT.