1. ACCEPTANCE OF TERMS
iViewr welcomes you. iViewr provides its
service to you subject to the following
Terms of Service ("TOS"), which may be
updated by us from time to time without
notice to you. You can review the most
current version of the TOS at any time at:
http://www.iviewr.com/Top-Tens/terms.php.
In addition, when using particular iViewr
owned or operated services, you and iViewr
shall be subject to any posted guidelines or
rules applicable to such services, which may
be posted from time to time. All such
guidelines or rules (including but not
limited to our Spam Policy) are hereby
incorporated by reference into the TOS.
iViewr may also offer other services that
are governed by different Terms of Service.
2. DESCRIPTION OF SERVICE
iViewr provides users with an application
called Top-Tens which provides the service of
tracking of popular Top 10 lists - hereafter
referred to as the "Service". You also
understand and agree that the Service may
include advertisements and that these
advertisements are necessary for iViewr to
provide the Service. You also understand and
agree that the Service may include certain
communications from iViewr, such as service
announcements and administrative messages,
and that these communications are considered
part of Top-Tens
usage and you will not be
able to opt out of receiving them. Unless
explicitly stated otherwise, any new
features that augment or enhance the current
Service shall be subject to the TOS. You
understand and agree that the Service is
provided "AS-IS" and that iViewr assumes no
responsibility for the timeliness, deletion,
mis-delivery or failure to store any user
communications or personalization settings.
You are responsible for obtaining access to
the Service, and that access may involve
third-party fees (such as Internet service
provider or airtime charges). You are
responsible for those fees, including those
fees associated with the display or delivery
of advertisements. In addition, you must
provide and are responsible for all
equipment necessary to access the Service.
3. IVIEWR PRIVACY POLICY
Registration Data and certain other
information about you is subject to our
Privacy Policy. For more information, see
our full privacy at policy
http://www.iviewr.com/Top-Tens
/privacy10.php.
4. USER AND AFFILIATE CONDUCT
You understand that all information, data,
text, software, music, sound, photographs,
graphics, video, messages or other materials
("Content"), whether publicly posted or
privately transmitted, are the sole
responsibility of the person from whom such
Content originated. This means that you, and
not iViewr, are entirely responsible for all
Content that you upload, post, email,
transmit or otherwise make available via the
Service. iViewr does not control the Content
posted via the Service and, as such, does
not guarantee the accuracy, integrity or
quality of such Content. You understand that
by using the Service, you may be exposed to
Content that is offensive, indecent or
objectionable. Under no circumstances will
iViewr be liable in any way for any Content,
including, but not limited to, any errors or
omissions in any Content, or any loss or
damage of any kind incurred as a result of
the use of any Content posted, emailed,
transmitted or otherwise made available via
the Service.
You agree to not use the Service to:
a. upload, post, email, transmit or
otherwise make available any Content that is
unlawful, harmful, threatening, abusive,
harassing, tortious, defamatory, vulgar,
obscene, libelous, invasive of another's
privacy, hateful, or racially, ethnically or
otherwise objectionable;
b. harm minors in any way;
c. impersonate any person or entity,
including, but not limited to, a iViewr
official, forum leader, guide or host, or
falsely state or otherwise misrepresent your
affiliation with a person or entity;
d. forge headers or otherwise
manipulate identifiers in order to disguise
the origin of any Content transmitted
through the Service;
e. upload, post, email, transmit or
otherwise make available any Content that
you do not have a right to make available
under any law or under contractual or
fiduciary relationships (such as inside
information, proprietary and confidential
information learned or disclosed as part of
employment relationships or under
nondisclosure agreements);
f. upload, post, email, transmit or
otherwise make available any Content that
infringes any patent, trademark, trade
secret, copyright or other proprietary
rights ("Rights") of any party;
g. upload, post, email, transmit or
otherwise make available any unsolicited or
unauthorized advertising, promotional
materials, "junk mail," "spam," "chain
letters," "pyramid schemes," or any other
form of solicitation, except in those areas
(such as shopping) that are designated for
such purpose (please read our complete Spam
Policy);
h. upload, post, email, transmit or
otherwise make available any material that
contains software viruses or any other
computer code, files or programs designed to
interrupt, destroy or limit the
functionality of any computer software or
hardware or telecommunications equipment;
i. disrupt the normal flow of
dialogue, cause a screen to "scroll" faster
than other users of the Service are able to
type, or otherwise act in a manner that
negatively affects other users' ability to
engage in real time exchanges;
j. interfere with or disrupt the
Service or servers or networks connected to
the Service, or disobey any requirements,
procedures, policies or regulations of
networks connected to the Service;
k. intentionally or unintentionally
violate any applicable local, state,
national or international law;
l. provide material support or
resources (or to conceal or disguise the
nature, location, source, or ownership of
material support or resources) to any
organization(s) designated by the United
Kingdom or United States government as a
foreign terrorist organization pursuant to
section 219 of the Immigration and
Nationality Act;
m. "stalk" or otherwise harass
another; and/or
n. collect or store personal data
about other users in connection with the
prohibited conduct and activities set forth
in paragraphs a through m, above.
You acknowledge that iViewr may or may not
pre-screen Content, but that iViewr and its
designees shall have the right (but not the
obligation) in their sole discretion to
pre-screen, refuse, or move any Content that
is available via the Service. Without
limiting the foregoing, iViewr and its
designees shall have the right to remove any
Content that violates the TOS or is
otherwise objectionable. You agree that you
must evaluate, and bear all risks associated
with, the use of any Content, including any
reliance on the accuracy, completeness, or
usefulness of such Content. In this regard,
you acknowledge that you may not rely on any
Content created by iViewr or submitted to
iViewr, including without limitation
information in iViewr Message Boards or
forums and in all other parts of the
Service.
You acknowledge, consent and agree that
iViewr may access, preserve and disclose
your email account information and Content
if required to do so by law or in a good
faith belief that such access preservation
or disclosure is reasonably necessary to:
(a) comply with legal process; (b) enforce
the TOS; (c) respond to claims that any
Content violates the rights of third
parties; (d) respond to your requests for
customer service; or (e) protect the rights,
property or personal safety of iViewr, its
users and the public.
You understand that the technical processing
and transmission of the Service, including
your Content, may involve (a) transmissions
over various networks; and (b) changes to
conform and adapt to technical requirements
of connecting networks or devices.
You understand that the Service and software
embodied within the Service may include
security components that permit digital
materials to be protected, and that use of
these materials is subject to usage rules
set by iViewr and/or content providers who
provide content to the Service. You may not
attempt to override or circumvent any of the
usage rules embedded into the Service. Any
unauthorized reproduction, publication,
further distribution or public exhibition of
the materials provided on the Service, in
whole or in part, is strictly prohibited.
5. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the
Internet, you agree to comply with all local
rules regarding online conduct and
acceptable Content. Specifically, you agree
to comply with all applicable laws regarding
the transmission of technical data exported
from the United Kingdom or the country in
which you reside.
6. CONTENT SUBMITTED OR MADE AVAILABLE FOR
INCLUSION ON THE SERVICE
iViewr does not claim ownership of Content
you submit or make available for inclusion
on the Service. However, with respect to
Content you submit or make available for
inclusion on publicly accessible areas of
the Service, you grant iViewr the following
worldwide, royalty-free and non-exclusive
license(s), as applicable:
* With respect to photos,
graphics, audio or video you submit or make
available for inclusion on publicly
accessible area of the Service, the license
to use, distribute, reproduce, modify,
adapt, publicly perform and publicly display
such Content on the Service solely for the
purpose for which such Content was submitted
or made available. This license exists only
for as long as you elect to continue to
include such Content on the Service and will
terminate at the time you remove or iViewr
removes such Content from the Service.
* With respect to Content other
than photos, graphics, audio or video you
submit or make available for inclusion on
publicly accessible areas of the Service,
the perpetual, irrevocable and fully
sub-licensable license to use, distribute,
reproduce, modify, adapt, publish,
translate, publicly perform and publicly
display such Content (in whole or in part)
and to incorporate such Content into other
works in any format or medium now known or
later developed.
"Publicly accessible" areas of the Service
are those areas of the iViewr network of
properties that are intended by iViewr to be
available to the general public. By way of
example, publicly accessible areas of the
Service would include iViewr Message Boards
that are open to both members and visitors.
However, publicly accessible areas of the
Service would not include portions of iViewr
that are limited to members, iViewr services
intended for private communication, or areas
off of the iViewr network of properties such
as portions of World Wide Web sites that are
accessible via hypertext or other links but
are not hosted or served by iViewr.
7. INDEMNITY
You agree to indemnify and hold iViewr and
its subsidiaries, affiliates, officers,
agents, employees, partners and licensors
harmless from any claim or demand, including
reasonable attorneys' fees, made by any
third party due to or arising out of Content
you receive, submit, post, transmit or
otherwise make available through the
Service, your use of the Service, your
connection to the Service, your violation of
the TOS, or your violation of any rights of
another.
8. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy,
sell, trade, resell or exploit for any
commercial purposes, any portion of the
Service, use of the Service, goods received
from the Service or access to the Service.
9. GENERAL PRACTICES REGARDING USE AND
STORAGE
You acknowledge that iViewr may establish
general practices and limits concerning use
of the Service, including without limitation
the maximum disk space that will be allotted
on iViewr's servers on your behalf, and the
maximum number of times (and the maximum
duration for which) you may access the
Service in a given period of time. You agree
that iViewr has no responsibility or
liability for the deletion or failure to
store any goods, messages and other
communications or other Content maintained
or transmitted by the Service. You
acknowledge that iViewr reserves the right
to remove accounts that are inactive for an
extended period of time. You further
acknowledge that iViewr reserves the right
to modify these general practices and limits
from time to time.
10. MODIFICATIONS TO SERVICE
iViewr reserves the right at any time and
from time to time to modify or discontinue,
temporarily or permanently, the Service (or
any part thereof) with or without notice.
You agree that iViewr shall not be liable to
you or to any third party for any
modification, suspension or discontinuance
of the Service.
11. TERMINATION
You agree that iViewr may, under certain
circumstances and without prior notice,
immediately terminate your iViewr account,
any associated email address, and access to
the Service. Cause for such termination
shall include, but not be limited to, (a)
breaches or violations of the TOS or other
incorporated agreements or guidelines, (b)
requests by law enforcement or other
government agencies, (c) a request by you
(self-initiated account deletions), (d)
discontinuance or material modification to
the Service (or any part thereof), (e)
unexpected technical or security issues or
problems, (f) extended periods of
inactivity, (g) engagement by you in
fraudulent or illegal activities, and/or (h)
nonpayment of any fees owed by you in
connection with the Services. Termination of
your iViewr account includes (a) removal of
access to all offerings within the Service,
(b) deletion of your password and all
related information, files and content
associated with or inside your account (or
any part thereof), and (c) barring of
further use of the Service. Further, you
agree that all terminations for cause shall
be made in iViewr's sole discretion and that
iViewr shall not be liable to you or any
third party for any termination of your
account, any associated email address, or
access to the Service.
12. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings
with, or participation in promotions of,
advertisers found on or through the Service,
including payment and delivery of related
goods or services, and any other terms,
conditions, warranties or representations
associated with such dealings, are solely
between you and such advertiser. You agree
that iViewr shall not be responsible or
liable for any loss or damage of any sort
incurred as the result of any such dealings
or as the result of the presence of such
advertisers on the Service.
13. LINKS
The Service may provide, or third parties
may provide, links to other World Wide Web
sites or resources. Because iViewr has no
control over such sites and resources, you
acknowledge and agree that iViewr is not
responsible for the availability of such
external sites or resources, and does not
endorse and is not responsible or liable for
any Content, advertising, products or other
materials on or available from such sites or
resources. You further acknowledge and agree
that iViewr shall not be responsible or
liable, directly or indirectly, for any
damage or loss caused or alleged to be
caused by or in connection with use of or
reliance on any such Content, goods or
services available on or through any such
site or resource.
14. IVIEWR'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service
and any necessary software used in
connection with the Service ("Software")
contain proprietary and confidential
information that is protected by applicable
intellectual property and other laws. You
further acknowledge and agree that Content
contained in sponsor advertisements or
information presented to you through the
Service or by advertisers is protected by
copyrights, trademarks, service marks,
patents or other proprietary rights and
laws. Except as expressly authorized by
iViewr or advertisers, you agree not to
modify, rent, lease, loan, sell, distribute
or create derivative works based on the
Service or the Software, in whole or in
part.
iViewr grants you a personal,
non-transferable and non-exclusive right and
license to use the object code of its
Software on a single computer; provided that
you do not (and do not allow any third party
to) copy, modify, create a derivative work
from, reverse engineer, reverse assemble or
otherwise attempt to discover any source
code, sell, assign, sublicense, grant a
security interest in or otherwise transfer
any right in the Software. You agree not to
modify the Software in any manner or form,
nor to use modified versions of the
Software, including (without limitation) for
the purpose of obtaining unauthorized access
to the Service. You agree not to access the
Service by any means other than through the
interface that is provided by iViewr for use
in accessing the Service.
15. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
A. YOUR USE OF THE SERVICE IS AT
YOUR SOLE RISK. THE SERVICE IS PROVIDED ON
AN "AS IS" AND "AS AVAILABLE" BASIS. IVIEWR
AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS,
EMPLOYEES, AGENTS, PARTNERS AND LICENSORS
EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY
KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT.
b. IVIEWR AND ITS SUBSIDIARIES,
AFFILIATES, OFFICERS, EMPLOYEES, AGENTS,
PARTNERS AND LICENSORS MAKE NO WARRANTY THAT
(i) THE SERVICE WILL MEET YOUR REQUIREMENTS;
(ii) THE SERVICE WILL BE UNINTERRUPTED,
TIMELY, SECURE OR ERROR-FREE; (iii) THE
RESULTS THAT MAY BE OBTAINED FROM THE USE OF
THE SERVICE WILL BE ACCURATE OR RELIABLE;
(iv) THE QUALITY OF ANY PRODUCTS, SERVICES,
INFORMATION OR OTHER MATERIAL PURCHASED OR
OBTAINED BY YOU THROUGH THE SERVICE WILL
MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS
IN THE SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR
OTHERWISE OBTAINED THROUGH THE USE OF THE
SERVICE IS ACCESSED AT YOUR OWN DISCRETION
AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR
LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD
OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER
ORAL OR WRITTEN, OBTAINED BY YOU FROM IVIEWR
OR THROUGH OR FROM THE SERVICE SHALL CREATE
ANY WARRANTY NOT EXPRESSLY STATED IN THE
TOS.
e. A SMALL PERCENTAGE OF USERS MAY
EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED
TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON
A COMPUTER SCREEN OR WHILE USING THE
SERVICE. CERTAIN CONDITIONS MAY INDUCE
PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS
EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR
SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN
YOUR FAMILY, HAVE AN EPILEPTIC CONDITION,
CONSULT YOUR GENERAL PRACTITIONER OR
PHYSICIAN PRIOR TO USING THE SERVICE.
IMMEDIATELY DISCONTINUE USE OF THE SERVICE
AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE
ANY OF THE FOLLOWING SYMPTOMS WHILE USING
THE SERVICE: DIZZINESS, ALTERED VISION, EYE
OR MUSCLE TWITCHES, LOSS OF AWARENESS,
DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR
CONVULSIONS.
16. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT
IVIEWR AND ITS SUBSIDIARIES, AFFILIATES,
OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND
LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES,
INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR
LOSS OF PROFITS, GOODWILL, USE, DATA OR
OTHER INTANGIBLE LOSSES (EVEN IF IVIEWR HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES), RESULTING FROM: (i) THE USE OR THE
INABILITY TO USE THE SERVICE; (ii) THE COST
OF PROCUREMENT OF SUBSTITUTE GOODS AND
SERVICES RESULTING FROM ANY GOODS, DATA,
INFORMATION OR SERVICES PURCHASED OR
OBTAINED OR MESSAGES RECEIVED OR
TRANSACTIONS ENTERED INTO THROUGH OR FROM
THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR
ALTERATION OF YOUR TRANSMISSIONS OR DATA;
(iv) STATEMENTS OR CONDUCT OF ANY THIRD
PARTY ON THE SERVICE; OR (v) ANY OTHER
MATTER RELATING TO THE SERVICE.
17. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OF CERTAIN WARRANTIES OR THE
LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES.
ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS
OF SECTIONS 15 AND 16 MAY NOT APPLY TO YOU.
18. NO THIRD-PARTY BENEFICIARIES
You agree that, except as otherwise
expressly provided in this TOS, there shall
be no third-party beneficiaries to this
agreement.
19. NOTICE
iViewr may provide you with notices,
including those regarding changes to the TOS,
by email, regular mail or postings on the
Service.
20. TRADEMARK INFORMATION
The iViewr and Top-Tens
logos are copyright
of iViewr Inc. (the "iViewr Marks"). Without iViewr's prior permission, you agree not to
display or use in any manner the iViewr
Marks.
21. GENERAL INFORMATION
Entire Agreement. The TOS constitutes the
entire agreement between you and iViewr and
governs your use of the Service, superseding
any prior agreements between you and iViewr
with respect to the Service. You also may be
subject to additional terms and conditions
that may apply when you use or purchase
certain other iViewr services, affiliate
services, third-party content or third-party
software.
Waiver and Severability of Terms. The
failure of iViewr to exercise or enforce any
right or provision of the TOS shall not
constitute a waiver of such right or
provision. If any provision of the TOS 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 the other
provisions of the TOS remain in full force
and effect.
No Right of Survivorship and
Non-Transferability. You agree that your
iViewr account is non-transferable and any
rights to your iViewr ID or contents within
your account terminate upon your death. Upon
receipt of a copy of a death certificate,
your account may be terminated and all
contents therein permanently deleted.
Statute of Limitations. You agree that
regardless of any statute or law to the
contrary, any claim or cause of action
arising out of or related to use of the
Service or the TOS must be filed within one
(1) year after such claim or cause of action
arose or be forever barred.
The section titles in the TOS are for
convenience only and have no legal or
contractual effect.
22. VIOLATIONS
Please report any violations of the TOS to
our Customer Service group. Alternatively,
please contact
us here.
Last updated: 11th February, 2009
