Terms of Service

TopReviewed Choice (referred to as “we,” “us,” or “our”) welcomes you to our community!

Before you begin using the website, please read the following Terms of Service (“Terms”) carefully. These Terms govern your use of and access to the website, including any functionality provided through the website (which may be supplied by third parties), during both any free trial period and any subsequent access or use.

Your use of the website is also subject to our separate Privacy Policy. By accessing or using the website, you agree to these Terms and the Privacy Policy. If you do not agree with any part of these Terms or the Privacy Policy, you must not use the website. By accessing or using the website, you will be deemed to have irrevocably accepted these Terms and the Privacy Policy. Certain areas of the website may be subject to additional terms and conditions, which you should read carefully before using those areas. Such additional terms will not alter or replace these Terms unless explicitly stated otherwise. Again, your access to and use of the website is expressly conditioned on your compliance with these Terms and the Privacy Policy.

This website is designed for adult use and is not intended for individuals under the age of 13. By accessing or using the website, you represent and warrant that you have the legal capacity to enter into the agreement set out in these Terms, and that you are of sufficient age, mental capacity, and otherwise entitled to legally enter into and be bound by a contract.

EACH TIME YOU ACCESS OR OTHERWISE USE THE WEBSITE, YOU ARE ENTERING INTO A NEW AGREEMENT WITH US ON THE THEN-APPLICABLE TERMS AND CONDITIONS. YOU AGREE THAT WE MAY NOTIFY YOU OF CHANGES TO THE TERMS BY POSTING THE REVISED TERMS ON THE WEBSITE (OR THROUGH ANY OTHER REASONABLE MEANS OF NOTICE WE CHOOSE), AND THAT YOUR ACCESS OR USE OF THE WEBSITE AFTER SUCH NOTICE CONSTITUTES YOUR ACCEPTANCE OF THE UPDATED TERMS.

Please check this page regularly, as the most current version of the Terms will always be posted here. We will update the date at the top of this page to reflect the effective date of the latest version.

The Website

The website features news articles, photographs, videos, and other media related to celebrities and public interest topics, and may also include additional content such as quizzes, advertisements, surveys, and games (collectively, the “Content”). We reserve the right to modify or update the website at any time.

Terms

• Your use of the website is strictly limited to personal, non-commercial purposes.
• You acknowledge our valid intellectual property and proprietary rights in the website, and you agree that your use of the website is confined to accessing and viewing the website as permitted. Nothing in these Terms shall be construed as transferring to you any right, title, or interest in or to the website or Content, except for the limited rights expressly granted herein.
• You may not use the website or Content for any illegal or unauthorized purpose. You must not, in your use of the website or Content, violate any laws in your jurisdiction (including but not limited to copyright laws). You agree that if you engage in illegal or unauthorized use, you will be solely responsible for such conduct and will indemnify us against any claims arising from that use.

User Representations and Warranties

While using the website, you agree to the following:

• You are over the age of 13.
• You are able to enter into legally binding contracts.
• You will not violate any applicable laws or regulations, including all laws protecting copyrighted, trademarked, trade secret, or other intellectual property.
• You will not use the Content or website to create threatening, defamatory, abusive, obscene, pornographic, inappropriate, or profane material, or any other material that could give rise to civil or criminal liability under applicable law.
• You will not use the Content or website to create any image, sound, or words that promote bigotry, racism, hatred, or harm against any individual or group.
• You will not use the Content or website in a manner that violates the rights of any third parties, including intellectual property rights.
• You will not modify, sublicense, adapt, translate, reverse engineer, sell, decompile, or disassemble any portion of the website.
• You will not collect information about other users of the website.
• You will not use the website to abuse, harass, threaten, stalk, or otherwise violate the rights of others, including without limitation privacy rights or rights of publicity.
• You will not transmit any software or other materials that contain viruses, worms, trojan horses, defects, or other items of a destructive nature.
• You will not knowingly or intentionally take any action that may impose an unreasonable burden or load on the website or its servers and infrastructure.
• You will not build a business that, in whole or in part, resells, redistributes, recirculates, or makes any other commercial use of, or creates derivative works from, any portion of the website and/or Content, whether or not for profit.
• To the extent that we make the website and/or Content available to you via an app, widget, embedded player, or other technology that allows you to embed or stream Content on or to another site, you agree not to modify, enhance, remove, interfere with, or otherwise alter any portion of such technology, any digital rights management mechanism, device, or other content protection or access control measure associated with the website and/or Content, or any advertisement delivered with the Content.
• You will not disable, modify, interfere with, or otherwise circumvent any technology that allows users to view the website and/or Content without: (i) visibly displaying both the website and/or Content and all surrounding elements (including the graphical user interface, any advertising, copyright notices, and trademarks); and (ii) having full access to all functionality that enables viewing of the website and/or Content, including, without limitation, all video quality and display functionality and all interactive, elective, or click-through advertising functionality.
• You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist-supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

We may suspend or terminate your access to and use of the website immediately if you fail to comply with the above terms.

License Grant

You hereby grant to us and our third-party providers, designated agents, and subcontractors a non-exclusive, royalty-free license to use, publish, copy, modify, create derivative works of, transmit, display, and distribute any content you create for the website, including your comments or any material you upload to the website (“Your Content”). In addition, you warrant that all moral rights in Your Content have been waived, and you hereby waive any such moral rights.

Intellectual Property Rights and Content Ownership

Our Intellectual Property

The website’s designs, graphics, logos, and certain other names or logos, including the overall “look and feel” of the website (including color combinations, button shapes, layout, design, and all other graphical elements), are protected trademarks, service marks, and copyrights of TopReviewed Choice (the “Company IP”). All other product and service marks are the trademarks of their respective owners.

Subject to and conditioned upon your compliance with these Terms, we grant you a revocable, non-exclusive, non-transferable, non-sublicensable right to access the website. Except for such limited right to access the website in accordance with these Terms, the Company IP and any text, sounds, data, links, graphics, and other materials incorporated into the website (other than Your Content), as well as the overall “look and feel” of the website, remain the property of TopReviewed Choice or its licensors or suppliers. You may not use, reproduce, distribute, sell, resell, duplicate, modify, transmit, or use the website or any portion thereof for any commercial purpose without our prior written consent.

You agree to be bound by third-party licenses for any software or content that is available or part of the website, and to comply with the terms of use of any such third-party software or content.

You acknowledge and agree that by sharing Your Content through the website, such Content may become public and may be viewed and accessed by members of the public. You further understand that we will not be responsible or liable for third-party use of Your Content.

You agree not to incorporate the Content into, or stream or retransmit the Content via, any hardware or software application, or make the online services or any Content available via frames or in-line links, and you may not otherwise surround or obfuscate the Content or online services with any third-party content, materials, or branding.

Copyright Violations and the DMCA

We are committed to protecting copyrights and expect users of the website to do the same. At our discretion and in appropriate circumstances, we may terminate or prevent access to all or part of the website by users who infringe the intellectual property rights of others.

We abide by the federal Digital Millennium Copyright Act (“DMCA”). If you believe that Content on the website is your proprietary work and has been copied in a way that constitutes an infringement of your copyrights or other intellectual property rights, please immediately notify us of any such infringement. Your written notice should be sent to our designated agent as follows:

Email: [email protected]

Please note that third-party providers have their own DMCA procedures. If you believe a user on a third-party site is infringing on your proprietary work by linking back to or displaying Content from the website, please use that third party’s DMCA complaint procedure.

Copyright Infringement Notification. To file a copyright infringement notification, please send us a written communication that includes substantially the following (please consult your legal counsel or see Section 512(c)(3) of the Copyright Act to confirm these requirements):

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
• Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted.
• A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
• 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.

Please also note that under the DMCA, any person who knowingly materially misrepresents that material or activity is infringing or was removed or disabled by mistake or misidentification may be subject to liability. All reports and inquiries will be kept confidential, except to the extent necessary to investigate any alleged violation and enforce these Terms. Before sending a copyright infringement notification, you may wish to contact a lawyer to better understand your rights and obligations under the DMCA and other applicable laws. The following notice requirements are intended to comply with our rights and obligations under the DMCA and do not constitute legal advice. Where applicable, we will comply with the procedures outlined in the DMCA.

Links to Third-Party Sites and Applications

The website may contain links to or provide access to third-party websites, advertisements, and applications (“Linked Sites”). The Linked Sites are not under our control, and we are not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. We are not responsible for any other form of transmission received from any Linked Site, nor are we responsible if the Linked Sites are not working appropriately. The inclusion of any link does not imply endorsement by us of the site or any association with its operators, or guarantee that the content contains accurate information. You are responsible for reviewing and complying with the privacy statements and terms of use posted at the Linked Sites. Further, we are under no obligation to link to any site.

Third-Party Service Providers

From time to time, we may partner with various third parties and applications to provide additional functionality to the website (“Third-Party Functionality”). Such Third-Party Functionality may be subject to additional terms and conditions, which will be made available to you as you access such functionality. You hereby warrant that you will comply with all such third-party terms and conditions with respect to the Third-Party Functionality. You acknowledge and agree that such Third-Party Functionality may be terminated by us at any time for any reason without any right of refund of any fees paid. While we will make reasonable efforts to notify you before terminating any such Third-Party Functionality, failure to so notify will not be a breach of these Terms.

Cancelling or Terminating Access to the Website

We reserve the right to cancel and/or terminate your access to and use of the website for any reason, including if we, in our sole discretion, determine that you have violated these Terms.

Miscellaneous

You acknowledge that we may amend the website at any time, as needed to help maximize the operation and availability of the website and to prevent abuses. We reserve the right to monitor and identify excessive use of network resources and to take technical action or other remedial measures as we deem appropriate to maintain a fair level of service for all members.

Neither TopReviewed Choice nor our third-party providers shall be liable to you for any modifications, suspensions, or discontinuance of the website.

If any part of this Agreement is held to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision most closely matching the intent of the original provision, and the remainder of the Terms will continue in effect.

These Terms constitute the entire agreement between you and us with respect to the website, and supersede all other communications, written or oral, with regard to the website. Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

U.S. Government Restricted Rights

All materials, information, software, and other products supplied by or through the website are provided with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in these Terms and as provided in FAR 12.212(a) (1995), FAR 52.227-19, FAR 52.227-14 (ALT III), DFARS 227.7202-1(a) and DFARS 227.7202-3(a) (1995), and DFARS 252.227-7013 (c)(1)(ii) (OCT 1988) et seq., or their successors. Use of any such materials by the Government constitutes acknowledgment of our or our third parties’ proprietary rights in them. In the event that these Terms, or any part thereof, are deemed inconsistent with the minimum rights identified in the Restricted Rights provisions, the minimum rights shall prevail.

Indemnification

You agree to indemnify, defend, and hold harmless TopReviewed Choice, its officers, directors, employees, agents, licensors, suppliers, and any third-party providers of the website from and against all claims, liabilities, losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from (i) any violation of these Terms, (ii) any activity related to access to or use (including negligent or wrongful conduct) by you or any other person accessing the website through a cellular phone, computer, tablet, or other electronic device that you own, and/or (iii) a claim that Your Content infringes third-party intellectual property rights.

Choice of Law

The parties agree that these Terms and any claims hereunder shall be governed by and subject to the state and federal laws of the state of California, without regard to its conflict of law provisions, and hereby consent to jurisdiction and venue in the courts of the state of California, county of San Diego.

Disclaimer of Warranties

THE WEBSITE, CONTENT, AND/OR MATERIALS AVAILABLE THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TopReviewed Choice AND ITS THIRD-PARTY PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. TopReviewed Choice MAKES NO WARRANTY THAT THE WEBSITE’S FUNCTIONS AND/OR FEATURES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TopReviewed Choice AND ITS THIRD-PARTY PROVIDERS MAKE NO WARRANTY REGARDING ANY CONTENT, GOODS, SERVICES, SPECIAL OFFERS, OR THE DELIVERY, QUALITY, ACCURACY, TIMELINESS, COMPLETENESS, OR RELIABILITY OF ANY GOODS OR SERVICES PURCHASED, ACCESSED, OR OBTAINED THROUGH THE WEBSITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM TopReviewed Choice OR THROUGH THE WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL TopReviewed Choice NOR ITS THIRD-PARTY PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, THAT RESULT FROM YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE WEBSITE, FROM ANY CHANGES TO THE WEBSITE, OR FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF CONTENT OR DATA, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT TopReviewed Choice AND ITS THIRD-PARTY PROVIDERS ARE 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 YOU.

YOU UNDERSTAND AND AGREE THAT TopReviewed Choice WILL NOT BE LIABLE FOR YOUR CONTENT AND EXPRESSLY DISCLAIMS ALL LIABILITY RELATING THERETO.

YOU AGREE THAT THE AGGREGATE LIABILITY OF TopReviewed Choice AND ITS THIRD-PARTY PROVIDERS TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF THE WEBSITE IS LIMITED TO $100 (USD). YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT TopReviewed Choice HAS ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE LIMITATIONS OF LIABILITY SPECIFIED HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL, CONSEQUENTIAL, OR OTHER TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Contact Us

If you have any questions, please reach out to us: [email protected]