1. Acceptance of the Terms of Service
Welcome to TopItUp.TV (a.k.a. "we" or "us" or the "Company").
We are excited to have you as user and member of the community. The following terms
and conditions (collectively, these "Terms of Service") apply to your
use of TopItUp.TV including any content, functionality and services offered on or
via TopItUp.TV (the "Website"). We want to keep our relationship with
you as lean and informal as possible, but please read the Terms of Service carefully
before you start using TopItUp.TV, because by using the Website you accept and agree
to be bound and abide by these Terms of Service. Should you disagree with any of
the provisions herein, you must leave the Website, but please let us know at firstname.lastname@example.org.
We'll be happy to hear your comments and suggestions.
2. Changes to the Terms of Service and the Website
TopItUp.TV reserves the right to update the Website and these Terms of Service from
time to time, at our discretion and without notice. Nevertheless, this document
is public on TopItUp.TV, and you will be able to track the changes for any new version.
Your continued use of the Website following the publishing of updated Terms of Service
means that you accept and agree to the changes.
3. Accessing the Website, Security and Privacy
We're working hard on improving TopItUp.TV, but we can't guarantee that the Website
will be up and running 24/7. We also reserve the right to suspend or restrict access
to some features to users. In any case, we will not be liable if for any reason
all or any part of the Website is unavailable at any time or for any period, nor
for any data loss. To access certain features of the Website you have to register
by entering your email and choosing a password as part of our security procedures.
You must treat such information as confidential, not disclosing it to any third
party. There is a 'password reset' procedure in case you forget your password, but
please notify us of any breach of security. We highly recommend to choose a strong
password and you log out from your account at the end of every session. It is a
condition of your use of the Website that all the information you provide on the
Website is correct, current and complete. In the future, you may be asked to provide
certain registration details or other information. As custom for internet websites,
we reserve the right to disable any user account, at any time in our sole discretion
for any or no reason, including, if in our opinion you have failed to comply with
any provision of these Terms of Service. We use SSL encrypted browsing for all logged-in
users, but we cannot guarantee that all use will be secure. We also do not guarantee
that the Website or any content provided on the Website is error free. We manage
4. Purchase of the TopItUp.TV Service
If you agree to pay the fee for access to the applicable TopItUp.TV Services, such
fee will be charged by the company designated by TopItUp.TV in accordance with the
payment method you have chosen for your purchase. If you are paying by credit or
debit card, by designating a card to be billed, you confirm that you are authorized
to make such purchase and that you are the holder of such card (i.e. that the card
is issued in your name). All prices stated on the TopItUp.TV Websites are inclusive
of any applicable sales taxes and fees. TopItUp.TV accepts a variety of different
payment methods, so please check the TopItUp.TV Website for the best way for you
5. Prices & Refunds
TopItUp.TV may change the prices for the TopItUp.TV Paid Services from time to time
without notice. However, all prices will be broken down and displayed to you before
any transaction is processed. TopItUp.TV will issue refunds only if top ups paid
for were not successfully delivered. No refunds will be given for top ups sent to
handsets due to erroneous input by the user or any other successfully delivered
6. Disclaimer of Warranties, Limitations of Liability and Indemnification.
Your use of TopItUp.TV is at your sole risk. The service is provided "as is"
and "as available". We disclaim all warranties of any kind, express or
implied, including, without limitation, the warranties of merchantability, fitness
for a particular purpose and non-infringement. We are not liable for damages, direct
or consequential, resulting from your use of the Website, and you agree to defend,
indemnify and hold us harmless from any claims, losses, liability costs and expenses
(including but not limites to attorney's fees) arising from your violation of any
third-party's rights. You acknowledge that you have only a limited, non-exclusive,
nontransferable license to use the Website. Because the Website is not error or
bug free, you agree that you will use it carefully and avoid using it in ways which
might result in any loss of your or any third party's property or information.
7. Term and termination
This Agreement will become effective in relation to you when you create a TopItUp.TV
account or when you start using the TopItUp.TV Service and will remain effective
until terminated by you or TopItUp.TV. You may cancel your account on the TopItUp.TV
Website at any time by visiting your "My Settings" page which termination
shall have effect immediately. TopItUp.TV reserves the right to terminate this Agreement
or suspend your TopItUp.TV account at any time in case of unauthorized, or suspected
unauthorized use of the TopItUp.TV Service whether in contravention of this Agreement
or otherwise. If TopItUp.TV terminates this Agreement, or suspends your TopItUp.TV
account for any of the reasons set out in this section, TopItUp.TV shall have no
liability or responsibility to you, and TopItUp.TV will not refund any amounts that
you have previously paid.
8. Intellectual property
TopItUp.TV respects intellectual property rights, and expects you to do the same.
The TopItUp.TV Service and the content provided through the TopItUp.TV Service is
the property of TopItUp.TV or TopItUp.TV's licensors and protected by intellectual
property rights (including but not limited to copyright), and you do not have a
right to use the TopItUp.TV Service (including but not limited to its content) in
any manner not covered by the Agreement. Furthermore, you must not infringe any
third party's intellectual property rights in using the TopItUp.TV Service. Further,
you may not remove or alter any copyright, trademark or other intellectual property
notices contained on or provided through the TopItUp.TV Service.
9. Copyright infringement and take down
If you are a copyright holder who believes that any of the products, services or
content which are directly available via the TopItUp.TV Websites are infringing
copies of your work, please let us know. Pursuant to The Digital Millennium Copyright
Act, 17 United States Code 512(c)(3), a notice of alleged copyright infringement
should be sent to TopItUp.TV's designated copyright agent at the following address:
TopItUp.TV Attn: Legal Department, 1203 Minnesota Way, Upper Marlboro, MD, 20774
or email@example.com (Subect: "Legal"). A notification of claimed copyright
infringement must be addressed to TopItUp.TV's copyright agent listed above and
include the following: A physical or electronic signature of the owner (or person
authorized to act on behalf of the owner) of the copyright that is allegedly infringed;
Specific identification of each copyrighted work claimed to have been infringed;
A description of where the material believed to be infringed is located on TopItUp.TV
Service or the TopItUp.TV Website (please be as detailed as possible and provide
a URL to help us locate the material you are reporting); Contact information for
the complaining party, such as a complete name, address, telephone number, and email
address; A statement that the complaining party has a good faith belief that use
of the work(s) in the manner complained of is not authorized by the copyright owner,
its agent, or the law; and A statement that the information in the notification
is accurate, and under penalty of perjury, that the complaining party is authorized
to act on behalf of the owner of an exclusive right that is allegedly infringed.
10. Technology limitations and modifications
TopItUp.TV will make reasonable efforts to keep the TopItUp.TV Service operational.
However, certain technical difficulties or maintenance may, from time to time, result
in temporary interruptions. TopItUp.TV reserves the right at any time and from time
to time to modify or discontinue, temporarily or permanently, functions and features
of the TopItUp.TV Service with or without notice.
TopItUp.TV may assign this Agreement or any part of it without restrictions. You
may not assign this Agreement or any part of it to any third party.
12. Entire agreement
all the terms and conditions agreed upon between you and TopItUp.TV and supersede
any prior agreements in relation to the subject matter of these Agreements, whether
written or oral. Any additional or different terms or conditions in relation to
the subject matter of these Agreements in any written or oral communication from
you to TopItUp.TV are void. You agree and accept that you have not accepted the
terms and conditions of this Agreement in reliance of or to any oral or written
representations made by TopItUp.TV not contained in this Agreement.
Should for any reason or to any extent any provision of this Agreement be held invalid
or unenforceable, such invalidity or enforceability shall not in any manner affect
or render invalid or unenforceable the remaining provisions of this Agreement and
the application of that provision shall be enforced to the extent permitted by law.
14. Mandatory arbitration; exceptions to mandatory arbitration, waiver of class
action rights; limitations period; venue and choice of law
i. You and TopItUp.TV agree that any dispute, claim or controversy arising out of
or relating in any way to the TopItUp.TV Service or your use thereof, including
our Agreement, shall be determined by mandatory binding arbitration. You agree that
the U.S. Federal Arbitration Act governs the interpretation and enforcement of this
provision, and that you and TopItUp.TV are each waiving the right to a trial by
jury and the right to participate in a class or multi-party action. This arbitration
provision shall survive termination of this Agreement and the termination of your
ii. You and TopItUp.TV agree that (a) any claims seeking to enforce, protect, or
determine the validity or ownership of any intellectual property rights, and (b)
any claims related to allegations of theft, piracy or unauthorized use of the TopItUp.TV
Service are NOT subject to mandatory arbitration. Instead, you and TopItUp.TV agree
that the preceding claims (including but not limited to claims for injunctive or
equitable relief) shall be exclusively decided by Courts of competent jurisdiction
in Delaware, USA and that applicable law shall govern, without regarding to choice
of law principals.
iii. YOU AND TopItUp.TV AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY
IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A CLASS MEMBER OR IN ANY REPRESENTATIVE
CAPACITY OR PROCEEDING. Further, the arbitrator shall not consolidate any other
person's claims with your claims, and may not otherwise preside over any form of
a multi-party or class proceeding. If this specific provision is found to be unenforceable
in any way, then the entirety of this arbitration section shall be null and void.
The arbitrator may not award declaratory or injunctive relief.
iv. Any arbitration must be commenced by filing a demand for arbitration with the
AAA within ONE (1) YEAR after the date the party asserting the claim first knows
or reasonably should know of the act, omission or default giving rise to the claim;
and there shall be no right to any remedy for any claim not asserted within that
time period. If applicable law prohibits a one-year limitations period for asserting
claims, any claim must be asserted within the shortest time period permitted by
applicable law. Your arbitration fees and your share of arbitrator compensation
will be limited to those fees set forth in the Consumer Rules with the remainder
paid by TopItUp.TV. Any arbitration costs or fees deemed "excessive" will
be paid by TopItUp.TV.
v. You and TopItUp.TV agree that this Agreement involves interstate commerce and
is subject to the Federal Arbitration Act. You and TopItUp.TV further agree that
applicable laws of the State of Delaware shall exclusively govern any dispute without
regard to choice or conflicts of law rules. The sole and exclusive venue for the
resolution of any dispute, whether or not subject to mandatory arbitration as described
above, shall lie in Delaware, USA.
17. English version prevails
In the event that this Agreement is translated into other languages and there is
a discrepancy between the two language versions, the English language version shall
prevail to the extent that such discrepancy is the result of an error in translation.
Copyright © 2012 TopItUp.TV and its affiliates. All rights reserved.