Topkiks.com is the website maintained on the World Wide Web by Iconic View, LLC. “The site” or “site” refers to Topkiks.com. “User” or collectively “Users” refers to any party who accesses the site. “Topkiks” refers to Iconic View, LLC. “Iconic View, LLC” refers to Iconic View. Iconic View, LLC owns all right, title, and interest in the Topkiks website. “Access” means viewing or obtaining information located on Topkiks.com. “Agreement” refers to these terms of use and any future modifications.
2. Acceptance of Terms.
By accessing the site via the World Wide Web or any other medium, user agrees and accepts all conditions imposed in this Terms of Use Agreement and Privacy Policy.
Topkiks reserves all rights at any time to modify these terms without any given notice to User, not excluding imposing a fee to access certain content contained on the site. Any change in these terms of use is effective immediately upon User’s receipt of notice from Topkiks. All use of the site after changes have been made shall be deemed acceptance of those changed terms of use. Topkiks reserves the right to monitor use of the site.
Topkiks can restrict access to any or all portions of the site or remove any information or content from the site at any time.
3. Privacy.
User should review our Privacy Policy.
4. Ownership.
All design, layout, photographs, text, software, images, illustrations, structure, audio clips, video clips, artwork, graphic material, and any other copyrightable material located on any of the Topkiks website, is owned by Iconic View, and are protected, without limitation, by U.S. and foreign copyright, trademark, and other applicable laws. Material may be used online only, and solely for your personal, non-commercial use. If you operate a web site and wish to link to the Topkiks website, you may do so provided you agree to cease such link upon request from Topkiks. Without prior written permission of Topkiks, no other use is permitted. The permitted use described in this Paragraph is contingent on your compliance at all times with these Terms of Service.
Any and all users of the Topkiks website are not allowed to publish any portion of the material on any internet, intranet, or extranet site or incorporate the material in any database, compilation, archive, or cache. You are not allowed to distribute any material to others and you may not modify, copy, frame, cache, reproduce, sell, publish, transmit, display, or otherwise use any portion of the material. Any and all unauthorized use may subject the offender to civil liability and criminal prosecution under applicable federal and sate laws.
5. Memberships.
Registration requires you provide certain information, but not limited to, a valid email address. By choosing to become a member of Topkiks.com, you agree and warrant that (1) you will not allow others to use your password and/or account and that you are solely responsible for maintaining the confidentiality and security of your account: (2) all registration information is truthful and correct; (3) you are 14 years of age or older; (4) your usage of Topkiks products and/or services does not violate any and all laws and/or regulation.
This agreement, along with future revisions to this agreement, shall remain effective with any and all use of the Topkiks products and/or services, whether a member or not. You may terminate your membership at any time.
Any use the site of anyone under age 14 is prohibited. Any individual establishing an account with Topkiks, must be ages 18 or older. See Accounts.
6. Accounts.
Account registration requires you to provide certain information, including that of a paypal account and/or a credit card. This information is for the sole purpose of sending and receiving payments for items sold or bought on Topkiks, voting fees, and text-voting, but not limited to Topkiks other services and/or products. The user authorizes all billing and user understands that they can be billed automatically monthly. Any individual disclosing a credit card and/or paypal account to Topkiks, waives all liability from Topkiks. All accounts and memberships are private information that are to be used with the Topkiks website(s).
All upgrades of memberships to Topkiks account are allowed by members 18 years of age and older. By upgrading your membership, you confirm that you are 18 years of age and that any and all falsification is a confirmation of release by Topkiks from any and all violations of law and regulations that may occur present and future indefinitely.
7. Fees.
Upon usage of the Topkiks site, you acknowledge that Topkiks reserves the right to modify and/or change any of its services and/or fees at any time as Topkiks sees fit. If your membership is terminated because you have broken this agreement, you forfeit entitlement to the refund and any/all unused fees and payment.
8. Feedback and Submissions.
You agree that any and all information that you submit are the property of Topkiks and may be used by us for any purpose.
General Disclaimer and Limitation of Liability:
ICONIC VIEW IS PROVIDING THE TOPKIKS WEBSITE ON AN "AS IS" BASIS. ICONIC VIEW MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND SPECIFICALLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OR ANY WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, ICONIC VIEW DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE, OR CURRENT. INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE. FURTHER, ICONIC VIEW DOES NOT WARRANT THAT ACCESS TO THE TOPKIKS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE TOPKIKS WEBSITE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IN NO EVENT SHALL ICONIC VIEW BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE OR SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF ADVANTAGE, LOSS OF SAVINGS, LOSS OF REVENUES OF ANY KIND, INCREASED COST OF OPEARTIONS, BUSINESS INTERRUPTION OR LOSS OF INFORMATION, EVEN IF ICONIC VIEW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF THE FOREGOING WARRANTIES OR LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO LICENSEE. IN THE EVENT APPLICABLE STATE OR FEDERAL LAW DOES NOT ALLOW THE COMPLETE EXCLUSION OR LIMITATION OF LIABILITY OF CLAIMS AND DAMAGES AS SET FORTH IN THIS AGREEMENT, ICONIC VIEW’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
9. Third Party Content.
Our sites contain links to other internet sites owned by third parties. Your use of each of those sites is subject to the conditions, if any, that each of those sites has posted. Information on our sites of any third party content or a link to a third party site is not endorsed by Topkiks. Topkiks does not take responsibility for the content contained in these sites.
10. International Users.
Topkiks accepts no responsibility for the export of material in violation of U.S. export laws and regulation. If you access the Topkiks website from a location outside the United States, you are responsible for compliance with all applicable laws, and Topkiks accepts no responsibility for such access.
11. Miscellaneous.
Topkiks reserves the right to change these Terms of Service at any time in its discretion and to notify users of any such changes solely by changing this Terms of Service. Your continued use of the Topkiks website shall constitute your agreement to be bound by any such changes.
