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 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).
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.
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 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.
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:
- any direct, indirect, incidental, special, consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability;
- any loss or damage arising out of the use or inability to use the Service or any links provided by the Service;
- 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;
- 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;
- 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;
- the Company's failure to store your MyAlltop pages accurately or at all; and
- 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.
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.
Dispute Resolution, Choice of Law and Forum
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.