Alltop Terms of Use

Nature of Service

Alltop (sometimes referred to in this document as the "Service") is an internet website owned by Nononina, Inc., a California corporation (the "Company"). Alltop provides you with headlines of articles on a great many topics that have been posted on websites and in blogs around the world, and links to the articles themselves ("Feeds").

MyAlltop is a premium service that lets you create your own Alltop page containing links to your favorite Feeds. You do this by establishing an account, creating a user name and password, and then adding Feeds to your MyAlltop page as you browse within Alltop itself.

Use of Our Service

You may use our Service for your own personal, non-commercial use, provided that you agree with, and comply with, these Terms of Use. Your use of the Service will constitute your agreement with the terms of use described in this document. The Company always reserves the right to terminate your access to the Service if you violate these rules and guidelines or for any other reason. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE, THEN DON'T USE THE SERVICE.

You may not use the service in a manner that violates any applicable law, regulation or generally accepted practices (including any laws regarding the export of data or software to and from the United States or other relevant countries).

In order to access and use the MyAlltop portion of our Services, you may be required to establish an account and to provide information about yourself as part of the registration process. You agree that all such information will always be accurate, correct and up to date. You should also read our Privacy Policy so that you understand how we use the personally identifiable information you submit to the Service. You, and not the Company, are responsible for safeguarding your user name and password. If you become aware of any unauthorized use of your password or your MyAlltop account, you should notify the Company immediately through this form.

Third Party Materials: Users Be Skeptical

Much of the content accessed through the Service has been created by third parties and resides on third party websites. Alltop is not responsible for any such content and does not moderate, screen, review, approve, endorse or take any measures whatsoever to assure the accuracy or legality of the publications to which it links or the content of those publications.

The content accessed through the Service may contain information, pictures and video that you may find untrue, inappropriate, offensive or just plain stupid. The Service simply provides links to that information, but we do not exercise editorial judgment about which sources of information are the most appropriate for you.

Be Warned

The Company reserves the right to terminate your access to the Service if you use it inappropriately or for any other reason or even no reason. For example, the Company prohibits "squatting", i.e., establishing user names for MyAlltop accounts with the intent to profit from the goodwill of a trademark, trade name or famous name belonging to someone else. We reserve the right to close your account if you do that. We also reserve the right to close your account if you create user names that we deem to be offensive.

The Company reserves the right to disclose any information concerning your use of the Service as necessary to satisfy any applicable law, regulation, legal process, or governmental request.

The Company reserves the right to remove Feeds which, in its sole discretion, link to content that violates any government law or regulation or the terms of this Terms of Use. The Company also reserves the right to remove Feeds for any other reason, in its sole discretion. This could be because the Company feels that certain content is obscene, defamatory, otherwise illegal or simply inappropriate for our Service. The Company has no obligation to inform you of such removal.

The Company owns the Service. This includes your MyAlltop page and the content on that page. We reserve the right to terminate the Service or to delete any page within the Service, with or without notice, when we feel such actions are appropriate.

We also have the right to publish, redistribute, display and modify any postings or other communication you place on our website, including on your MyAlltop page.

Disclaimer

THE SERVICE, AND ALL INFORMATION, PRODUCTS, CONTENT AND SERVICES ACCESSED THROUGH OR PROVIDED BY THE SERVICE, ARE MADE AVAILABLE "AS IS" WITHOUT WARRANTY OF ANY KIND. THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES CONCERNING THE SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.

The Company does not warrant that the Service will operate in an uninterrupted or error-free manner or that the Service is free of viruses or other harmful components. Use of information obtained from or through the Service is at your own risk.

Limitation of Liability

You agree that the Company shall not be liable to you for:

  1. any direct, indirect, incidental, special, consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability;
  2. any loss or damage arising out of the use or inability to use the Service or any links provided by the Service;
  3. any damage attributable to the content you access from the Service, including without limitation, content that is defamatory, obscene, indecent or that you deem inappropriate or offensive;
  4. any loss or damage attributable to your reliance on the completeness, accuracy or availability or unavailability of any information you obtain through the Feeds or as a result of any transaction between you and any advertiser or sponsor whose advertising appears on the pages of our Service;
  5. any changes we make to the Service or for any temporary or permanent cessation in your access to the Service or any of its features;
  6. the Company's failure to store your MyAlltop pages accurately or at all; and
  7. any failure to keep your password and account details secure and confidential.

These limitations apply whether or not we have been advised or should have been aware of the possibility of any such losses arising.

Intellectual Property

You acknowledge that the Company owns the Service and all intellectual property rights related to it. This includes the copyrights in our web page designs and content, the arrangement and organization of the Feeds, the manner in which the Service does what it does, the content of all MyAlltop pages and the trademarks we use. The Service provides access to third party-published content, and that content is often protected by copyright law. Generally, you may not copy, modify, re-publish or re-distribute any of the content from our website, or the third party content to which you gain access through the Service, without first obtaining the consent of the owner of that content.

"ALLTOP", the Alltop logo appearing on our website and "NONONINA" are trademarks belonging to the Company. All other trademarks, service marks, tradenames and logos are the property of their respective owners. Use, reproduction, copying, or redistribution of our trademarks, without our written permission is prohibited.

Indemnification

You agree to indemnify and hold the Company harmless from any claims, losses or damages, including legal fees, resulting from your violation of these Terms of Use, your use of the Service and your access to and use of the Feeds.

Dispute Resolution, Choice of Law and Forum

Any dispute arising out of these Terms of Use your use of the Service will be resolved using the services of the Judicial Arbitration and Mediation Service ("JAMS") in Santa Clara County, California other than disputes concerning intellectual property rights. Any dispute concerning intellectual property rights shall be resolved in the state or federal courts located in Santa Clara County, California. You consent to the personal jurisdiction of and exclusive venue in the federal and state courts located in and serving Santa Clara County, California as the legal forum for any such dispute. You also agree that the Company shall be allowed to apply for injunctive remedies in the courts located in any jurisdiction. The interpretation of the terms in this document shall be governed by the laws of the State of California, excluding its conflicts of law provisions.

Integration

These Terms of Use constitute the entire agreement between you and the Company with respect to the subject matter herein and supersedes any and all prior or contemporaneous oral or written agreements.

No Waiver

If the Company fails to enforce any legal right or remedy, you agree that such failure will not be deemed a formal waiver of the Company's rights or remedies, and that such rights and remedies will continue to be available to the Company.

Invalidity of Any of These Terms of Use

In the event that any term or requirement in this Terms of Use is found to be invalid or unenforceable, the remaining terms and requirements will continue to be valid and enforceable.

Changes to these Terms of Use

The Company reserves the right to modify these Terms of Use at any time and will post the new versions on the web page where you found this one. All changes to these Terms of Use become effective upon posting. It is your responsibility to check this page frequently to become aware of the changes. By continuing to access the Service after any modifications have been published, you agree to be bound by the new or revised terms.

Effective date of Terms of Use: March 14, 2009