THIS WEBSITE IS AN ONLINE DIGITAL MARKET PLATFORM THAT CONNECTS CLIENTS TO SERVICE PROVIDERS. IT IS OWNED AND MANAGED BY THE ONLINE PUBLISHERS LTD “TOP”.

 

UPON ACCESSING AND USING THIS WEBSITE, THE USER AGREES TO BE LEGALLY BOUND BY THE FOLLOWING TERMS AND CONDITIONS, BEING A LEGAL AGREEMENT BETWEEN THE ONLINE PUBLISHERS LTD, “TOP”, “PLATFORM” OR “TOP PLATFORM”, AND YOU, BEING THE USER. THE USER AGREES TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS IN RELATION TO THIS AGREEMENT. IN CASE YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THIS WEBSITE. THE USER MUST BE AWARE THAT “TOP” MAY, AT ITS SOLE DISCRETION AND WITHOUT PRIOR NOTICE, REVISE THESE TERMS AND CONDITIONS AT ANY TIME. YOU MAY REVIEW THE LATEST VERSION OF THESE TERMS AND CONDITIONS ON THIS WEBSITE ANY TIME.

THE USE OF THE SERVICES OFFERED ON THIS WEBSITE IS ALSO SUBJECT TO TOP’S PRIVACY POLICY, WHICH OUTLINES THE PROCESS BY WHICH TOP COLLECTS, USES, SHARES, AND STORES YOUR PERSONAL INFORMATION.

WHEN ACCESSING AND USING THE TOP PLATFORM YOU AGREE THAT YOU HAVE READ, UNDERSTOOD AND WILL COMPLY WITH TOP’S TERMS AND CONDITIONS, PRIVACY POLICY, AND THE PAYMENT PROVIDERS AND PROCEDURES SET BY TOP.

 

  1. NATURE OF THIS PLATFORM

TOP PLATFORM IS A DIGITAL MARKETPLACE THAT ALLOWS USERS TO OFFER, SELL AND PURCHASE SERVICES. IT IS A MARKETPLACE FOR PERSONS OR COMPANIES (“CLIENTS” OR “CUSTOMERS”) WHO ARE SEEKING TO PURCHASE WRITTEN CONTENT, EXCLUSIVE PHOTOS AND VIDEOS, PUBLISHING SERVICES, MARKETING SERVICES, TRANSLATION SERVICES, AND BUILDING OR REPAIRING THEIR ONLINE REPUTATION, AMONG OTHER SERVICES PROVIDED ON THIS PLATFORM. TOP CONNECTS SUCH CLIENTS WITH VARIOUS WRITERS, CLIENTS, JOURNALISTS, INFLUENCERS, PHOTOGRAPHERS, ADVERTISERS, BLOGGERS, SEO EXPERTS AND TRANSLATORS (SERVICE PROVIDERS), WHO HAVE A WORKING RELATIONSHIP WITH THIS PLATFORM.

 

  1. ACCESS TO TOP PLATFORM AND ACCOUNT REGISTRATION

YOU MUST BE EIGHTEEN (18) YEARS OF AGE OR OLDER TO REGISTER WITH “TOP”. IN ORDER TO GAIN ACCESS AND START USING THIS PLATFORM, YOU MUST REGISTER AS A CLIENT OR A SERVICE PROVIDER USING THE SIGN-UP FORM. AFTER THE REGISTRATION IS COMPLETE, IF YOU WISH TO PLACE ORDERS, AS A CLIENT, YOU WILL NEED TO INSERT ADDITIONAL INFORMATION AND ADD FUNDS TO YOUR ACCOUNT. ALL REGISTRATION DATA MUST BE CORRECT, ACCURATE, UP TO DATE AND TRUTHFUL. YOU SHALL NOT SELECT OR USE AS A USERNAME, A NAME: (A) OF ANOTHER PERSON WITH THE INTENT TO IMPERSONATE THAT PERSON; (B) THAT IS SUBJECT TO ANY RIGHTS OF A PERSON OTHER THAN YOU WITHOUT THAT PERSON’S APPROPRIATE AUTHORIZATION; OR (C) THAT IS OTHERWISE OFFENSIVE, VULGAR OR OBSCENE. YOU AGREE AND UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR THE ACTIVITY THAT OCCURS IN YOUR ACCOUNT, AND FOR KEEPING YOUR ACCOUNT PASSWORD SECURE. YOU MAY NEVER USE ANOTHER PERSON’S USER ACCOUNT OR REGISTRATION INFORMATION FOR THE SERVICES WITHOUT PERMISSION. YOU MUST NOTIFY TOP IMMEDIATELY OF ANY BREACH OF SECURITY OR UNAUTHORIZED USE OF YOUR ACCOUNT. YOU SHOULD NEVER PUBLISH, DISTRIBUTE OR POST LOGIN INFORMATION OF YOUR ACCOUNT.

YOU DO NOT HAVE A RIGHT TO HAVE ACCESS TO THIS PLATFORM—TOP CAN, AT ITS SOLE DISCRETION, TERMINATE YOUR ACCOUNT AND DENY YOU FROM ALL ITS SERVICES AT ANY TIME. YOU UNDERSTAND AND AGREE THAT TOP WILL USE THE INFORMATION YOU PROVIDE IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE PLATFORM AS WELL AS TOP’S PRIVACY POLICY. THE ACCOUNTS THAT GET CREATED IN TOP PLATFORM ARE NOT TRANSFERABLE, ASSIGNABLE OR RESALABLE UNDER ANY CIRCUMSTANCES.

 

  1. USING TOP PLATFORM

WHEN USING, ACCESSING OR OFFERING THE SERVICES OF TOP PLATFORM, YOU SHALL NOT:

 

  1. PLACING AN ORDER

ONCE YOU PLACE AN ORDER, TOP WILL ATTEMPT TO CONNECT YOUR ORDER WITH AN APPROPRIATE SERVICE PROVIDER. YOU MUST BE AWARE AND AGREE TO THE POSSIBILITY THAT THERE MAY NOT BE A SERVICE PRVIDER AVAILABLE TO ACCEPT YOUR ORDER AND TO COMPLETE THE REQUESTED ASSIGNMENT.

 

 

 

 

  1. SERVICE DELIVERY TO CLIENT

ONCE A SERVICE PROVIDER ACCEPTS AN ORDER FROM A CLIENT AND COMPLETES THE ASSIGNMENT, THE ASSIGNMENT WILL BE SENT TO THE CLIENT FOR REVIEW. THE CLIENT MAY ACCEPT THE WORK THAT HAS BEEN DONE, OR REQUEST A REVISION, UPTO TWO TIMES, OF THE WORK THAT WAS DONE. THE CLIENT MAY ONLY REJECT AN ASSIGNMENT AFTER AT LEAST ONE REVISION HAS BEEN MADE. ONCE A CLIENT ACCEPTS THE COMPLETED ASSIGNMENT, THE FUNDS AMOUNTING TO THE AGREED PRICE BETWEEN THE CLIENT AND THE SERVICE PROVIDER WILL BE REMOVED FROM THE CLIENT’S ACCOUNT. IN CASE A CLIENT DOES NOT ACCEPT THE COMPLETED ASSIGNMENT, REQUEST A REVISION, OR REJECT THE COMPLETED ASSIGNMENT, WITHIN 72 HOURS FROM RECEIPT OF THE ASSIGNMENT, THE ASSIGNMENT WILL BE AUTOMATICALLY ACCEPTED, AND THE FUNDS AMOUNTING TO THE AGREED PRICE BETWEEN THE CLIENT AND SERVICE PROVIDER WILL BE REMOVED FROM THE CLIENT’S ACCOUNT.

 

  1. CLIENT’S RIGHTS WITH RESPECT TO AN ACCEPTED ASSIGNMENT

IT IS ONLY AFTER AN ASSIGNMENT IS ACCEPTED AND FUNDS REMOVED FROM THE CLIENT’S ACCOUNT THAT THE CLIENT HAS OWNERSHIP RIGHTS TO THE COMPLETED SERVICE OR PRODUCT. ONCE AN ASSIGNMENT IS ACCEPTED BY THE CLIENT AND FUNDS REMOVED FROM CLIENT’S ACCOUNT, THE CLIENT HAS THE RIGHT TO PUBLISH, DISPLAY, DISTRIBUTE OR CREATE DERIVATIVE WORKS AND SELL THE DELIVERED PRODUCT.

 

  1. TOP SERVICE FEES AND COMMISSION

TOP CHARGES A COMMISSION OF 25% ON THE SELLING PRICE OF ALL COMPLETED ASSIGNMENTS PERFORMED BY SERVICE PROVIDERS, WITH THE EXCEPTION OF VIDEOS, PHOTOS, CARICATURES AND E-BOOKS, FOR THE WHICH TOP CHARGES A COMMISSION OF 50% OF THE SELLING PRICE.

 

  1. TERMS AND CONDITIONS FOR CLIENTS

8.1 ONCE A CLIENT ASSIGNS A TASK TO A SERVICE PROVIDER, THE CLIENT HAS THE RIGHT TO CONTACT TOP CLIENT SUPPORT WITH A REQUEST TO CANCEL A TASK ASSIGNED TO A SERVICE PROVIDER, IF AT LEAST ONE OF THE FOLLOWING CONDITIONS ARE MET:

 

8.2 PRICING FOR AVAILABLE SERVICES ARE SET BY THE SERVICE PROVIDER

8.3 ALL CORRESPONDENCE BETWEEN THE CLIENT AND THE SERVICE PROVIDER IS STORED IN TOP PLATFORM AND CAN BE USED BY THE TOP ADMINISTRATION WHEN HANDLING DISPUTES BETWEEN THE CLIENT AND THE SERVICE PROVIDER.

8.4 A CLIENT IS NOT ALLOWED TO REQUEST A REVISION OF A COMPLETED ASSIGNMENT WITH NEW REQUESTS THAT WERE NOT PREVIOUSLY SPECIFIED IN THE INITIAL TASK REQUIREMENTS.

8.5 A CLIENT IS NOT ALLOWED TO CHANGE THE ASSIGNMENT REQUIREMENTS AND SPECIFICATIONS AFTER THE SERVICE PROVIDER STARTS WORKING ON THE ASSIGNMENT.

8.6 THE CLIENT IS OBLIGED TO REVIEW AND RESPOND TO THE SERVICE PROVIDER WITHIN 72 HOURS FROM RECEIVING THE COMPLETED ASSIGNMENT FROM THE SERVICE PROVIDER, OTHERWISE THE ASSIGNMENT WILL BE AUTOMATICALLY APPROVED AND ACCEPTED.

8.7 ALL DETAILS AND INFORMATION ABOUT ASSIGNMENTS GIVEN TO SERVICE PROVIDERS AND PAYMENTS MADE TO SERVICE PROVIDERS ARE CONFIDENTIAL AND ARE NOT SUBJECT TO DISTRIBUTION.

8.8 THE CLIENT AGREES TO PAY COMMISSION TO TOP FOR USING TOP PLATFORM SERVICES IN ACCORDANCE WITH THESE TERMS AND CONDITIONS. IF TOP PLATFORM DOES NOT RECEIVE TIMELY PAYMENT FROM THE CLIENT AND THE CLIENT’S ACCOUNT DOES NOT CONTAIN SUFFICIENT FUNDS TO COVER THE AGREED CHARGES:

– TOP WILL CHARGE THE AMOUNT OWED BY THE CLIENT TO CLIENT’S CREDIT CARD OR PREFERRED PAYMENT METHOD.

– TOP PLATFORM HAS THE RIGHT TO EITHER TERMINATE THE CLIENT’S ACCOUNT OR SUSPEND THE CLIENT’S ACCOUNT UNTIL THE FULL OWED AMOUNT IS PAID BY THE CLIENT TO TOP.

8.9 THE MINIMUM AMOUNT OF FUNDS A CLIENT CAN ADD TO HIS ACCOUNT IS USD 50.

8.10 ALL FEES FOR SERVICES CHARGED TO CLIENT’S ACCOUNT, AS WELL AS DEPOSIT(S) FOR FUTURE SERVICES, ARE NON-REFUNDABLE.

8.11 CLIENT AGREES TO SUBMIT ANY OBJECTION REGARDING CHARGES MADE TO HIS ACCOUNT WITHIN 30 DAYS FROM THE DATE A CHARGE IS MADE, OTHERWISE THE DISPUTE IN RELATION TO THE OBJECTION WILL BE WAIVED AND SUCH CHARGE WILL BE FINAL AND NOT SUBJECT TO BE CHALLENGED BY THE CLIENT. IN CASE THE CLIENT’S ACCOUNT CANNOT BE CHARGED, THE CLIENT’S ACCOUNT WILL BE LOCKED UNTIL PAYMENT IS PROVIDED BY THE CLIENT. IN CASE THE CLIENT FAILS TO PROVIDE FULL PAYMENT OF THE CHARGES INCURRED, THE CLIENT SHALL BE LIABLE TO PAY ALL REASONABLE EXPENSES (INCLUDING ATTORNEY’S FEES AND COSTS) INCURRED BY TOP PLATFORM IN COLLECTING THE DUE AMOUNTS, INCLUDING ALL TAX AMOUNTS IMPOSED BY THE RELEVANT JURISDICTION.

8.12 THE CLIENT AGREES TO KEEP ALL THE INFORMATION AND DETAILS IN RELATION TO HIS ACCOUNT, CREDIT CARD, BILLING ADDRESS OR EMAIL ADDRESS UP TO DATE, ACCURATE AND CURRENT AT ALL TIMES.

8.13 THE CLIENT AGREES TO NOTIFY THE PLATFORM IN WRITING AS SOON AS HE IS AWARE OF ANY BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF THE CLIENTS USER NAME AND PASSWORD.

8.14 THE CLIENT AGREES TO NOTIFY TOP PLATFORM IN WRITING ABOUT THE CANCELLATION OF HIS CREDIT CARD USED IN RELATION TO HIS ACCOUNT IN THE PLATFORM, AS SOON AS THE CREDIT CARD IS CANCELLED.

8.15 IF THE CLIENT DOES NOT LOG INTO HIS ACCOUNT FOR A PERIOD OF 180 DAYS, THE ACCOUNT WILL BE CONSIDERED INACTIVE AND ANY FUNDS AVAILABLE IN HIS ACCOUNT WILL BE CHARGED OFF AS AN INACTIVE FEE.

8.16 ANY DISPUTE ARISING AS A RESULT OF THE CLIENT BEING UNSATISFIED WITH A COMPLETED ASSIGNMENT AFTER HAVING REQUESTED MORE THAN 2 REVISIONS FROM THE SERVICE PROVIDER, WILL BE CONSIDERED REASONABLY BY TOP ADMINISTRATION IN THE FAVOR OF THE SERVICE PROVIDER, GIVEN THAT THE COMPLETED ASSIGNMENT IS WITHIN ACCEPTABLE STANDARDS.

 

  1. TERMS AND CONDITIONS FOR SERVICE PROVIDERS

9.1 THE SERVICE PROVIDER AGREES TO CONSIDER AND MAKE A DECISION WITH RESPECT TO ACCEPTING A REQUESTED ASSIGNMENT WITHIN 3 DAYS FROM RECEIVING AN ORDER FROM A CLIENT.

9.2 ONCE A SERVICE PROVIDER ACCEPTS A REQUESTED ASSIGNMENT, THE SERVICE PROVIDER IS OBLIGED TO COMPLETE THE ASSIGNMENT WITHIN A TIMEFRAME AGREED WITH THE CLIENT. THE COMPLETED TASK MUST BE IN CONFORMITY OF THE REQUIREMENTS SPECIFIED BY THE CLIENT.

9.3 PRICING FOR AVAILABLE SERVICES ARE SET BY THE SERVICE PROVIDER

9.4 PAYMENT TO SERVICE PROVIDERS FOR COMPLETED ASSIGNMENTS OCCURS ONLY AFTER THE COMPLETED ASSIGNMENT IS ACCEPTED AND APPROVED BY THE CLIENT

9.5 IF THE CLIENT’S REQUIREMENTS ARE NOT MET IN THE COMPLETED ASSIGNMENT, THE CLIENT’S PAYMENT IS REFUNDED FROM THE ACCOUNT OF THE SERVICE PROVIDER. IN CASE THE AMOUND PAID IS NOT AVAILABLE IN THE SERVICE PROVIDER’S ACCOUNT, THE TOP ADINISTRATION HAS THE RIGHT TO FREEZE THE ACCOUNT OF THE SERVICE PROVIDER, UNTIL THE PAYMENT MATTER IS RESOLVED.

9.6 FOR SERVICES PROVIDED BY PUBLISHERS AND ADVERTISERS, PUBLISHERS AND ADVERTISERS ARE NOT ALLOWED TO CHANGE THE CONTENT AGREED AND ACCEPTED BY THE CLIENT. PUBLISHERS AND ADVERTISERS ARE ALSO NOT ALLOWED TO PLACE ANY OTHER LINKS, ADVERTISEMENTS, ETC.. OR CONTENT OTHER THAN THAT WHICH IS AGREED AND SPECIFIED BY THE CLIENT.

9.7 ONCE A SERVICE PROVIDER ACCEPTS AN ORDER FROM A CLIENT AND COMPLETES THE ASSIGNMENT, THE ASSIGNMENT WILL BE SENT TO THE CLIENT FOR REVIEW. THE CLIENT MAY ACCEPT THE WORK THAT HAS BEEN DONE, OR REQUEST A REVISION, UPTO TWO TIMES MAXIMUM, OF THE WORK THAT WAS DONE. THE CLIENT MAY ONLY REJECT AN ASSIGNMENT AFTER AT LEAST ONE REVISION HAS BEEN MADE.

9.8 ONCE A CLIENT ACCEPTS THE COMPLETED ASSIGNMENT, THE FUNDS AMOUNTING TO THE AGREED PRICE BETWEEN THE CLIENT AND THE SERVICE PROVIDER WILL BE REMOVED FROM THE CLIENT’S ACCOUNT AND PAID TO THE SERVICE PROVIDER. IN CASE A CLIENT DOES NOT ACCEPT THE COMPLETED ASSIGNMENT, REQUEST A REVISION, OR REJECT THE COMPLETED ASSIGNMENT, WITHIN 72 HOURS FROM RECEIPT OF THE ASSIGNMENT, THE ASSIGNMENT WILL BE AUTOMATICALLY ACCEPTED, AND THE FUNDS AMOUNTING TO THE AGREED PRICE BETWEEN THE CLIENT AND SERVICE PROVIDER WILL BE REMOVED FROM THE CLIENT’S ACCOUNT AND PAID TO THE SERVICE PROVIDER.

9.9 IN CASE:

–  THE CLIENT REQUESTS A REVISION OF THE WORK DONE FOR AN ASSIGNMENT MORE THAN 2 TIMES, OR IN CASE; OR

– THE CLIENTS FAILS TO SEND THE REVISION REQUEST TO THE SERVICE PROVIDER WITHIN 72 HOURS FROM RECEIPT OF THE ASSIGNMENT FROM THE SERVICE PROVIDER;

THE SERVICE PROVIDER HAS THE RIGHT TO APPEAL TO TOP ADMINISTRATION REGARDING ACCEPTANCE OF THE TASK PERFORMED AND TRANSFER OF PAYMENT.

9.10 ALL DETAILS AND INFORMATION ABOUT ASSIGNMENTS GIVEN TO SERVICE PROVIDERS AND PAYMENTS MADE TO SERVICE PROVIDERS ARE CONFIDENTIAL AND ARE NOT SUBJECT TO DISTRIBUTION.

9.11 ALL CORRESPONDENCE BETWEEN THE CLIENT AND THE SERVICE PROVIDER IS STORED IN TOP PLATFORM AND CAN BE USED BY THE TOP ADMINISTRATION WHEN HANDLING DISPUTES BETWEEN THE CLIENT AND THE SERVICE PROVIDER.

9.12 IN THE EVENT OF ANY BREACH OF THESE TERMS AND CONDITIONS BY A SERVICE PROVIDER, TOP ADMINISTRATION RESERVES THE RIGHT TO SUSPEND THE ACCOUNT OF SUCH SERVICE PROVIDER FOR A PERIOD OF TIME AS DECIDED BY TOP. TOP ADMINISTRATION ALSO RESERVES THE RIGHT TO DELETE THE SERVICE PROVIDER’S ACCOUNT.

9.13 IN CASE A SERVICE PROVIDER’S ACCOUNT IS SUSPENDED OR DELETED, AND IS DUE TO RECEIVE FUNDS FROM CLIENTS FOR COMPLETED ASSIGNMENTS, TOP ADMINISTRATION WILL MAKE PAYMENT TO THE SERVICE PROVIDER WITHIN 7 DAYS FROM RECEIVING THE FUNDS FROM THE CLIENTS, AFTER AGREEING ON THE METHOD OF PAYMENT WITH THE SERVICE PROVIDER. TOP ADMINISTRATION WILL PAY THE BALANCE OF THE SERVICE PROVIDERS ACCOUNT TO THE SERVICE PROVIDER BASED ON THE LATEST PAYMENT DETAILS PROVIDED BY THE SERVICE PROVIDER.

9.14 PAYMENT FOR AN ASSIGNMENT COMPLETED BY THE SERVICE PROVIDER OCCURS AFTER IT IS ACCEPTED AND APPROVED BY THE CLIENT.

9.15 REGARDING BACKLINK SERVICE PROVIDERS AND PUBLISHERS, BACKLINKS AND ARTICLES MUST REMAIN ACTIVE FOR AT LEAST ONE YEAR FROM THE DATE OF PLACEMENT. IF THE SERVICE PROVIDER DELETES A SITE BEFORE ONE YEAR, THE FUNDS RECEIVED BY THE SERVICE PROVIDER FOR THE TASK, WILL BE REFUNDED TO THE CLIENT.

9.16 SERVICE PROVIDER IS RESPONSIBLE FOR PROVIDING CORRECT PAYMENT DETAILS AND ENSURING ALL DETAILS ARE ACCURATE AND FREE OF ANY MISTAKES AT ALL TIMES. IN CASE THE SERVICE PROVIDER PROVIDES INCORRECT OR ERRONEOUS PAYMENT DETAILS AND PAYMENTS ARE MADE BASED ON THOSE ERRONEOUS DETAILS, TOP PLATFORM WILL NOT BE HELD RESPONSIBLE AND WILL NOT BE OBLIGED TO REPAY THE ASSOCIATED FUNDS TO THE CORRECTED PAYMENT DETAILS.

9.17 THE MINIMUM PAYOUT OF FUNDS TO SERVICE PROVIDERS IS USD 100. ALL AMOUNTS LESS THAN USD 100 WILL ACCUMALATE IN FAVOR OF THE SERVICE PROVIDER AND WILL BE REMITTED TO THE SERVICE PROVIDER’S ACCOUNT BASED ON A MINIMUM AMOUNT OF USD 100.

 

  1. REFUND POLICY

ALL PRICING ON TOP PLATFORM IS LISTED IN TOP CREDITS. 1 TOP CREDIT EQUALS 1 USD. BY ADDING FUNDS TO HIS ACCOUNT, A USER PURCHASES CREDITS. CURRENTLY, A USER MAY PURCHASE CREDITS USING PAYPAL ONLY. ONCE CREDITS ARE PURCHASED, TOP SERVICES ARE CONSIDERED TO HAVE BEEN PROVIDED AND PAYMENT BECOMES FINAL AND NON-REFUNDABLE. HOWEVER, THE USER HAS THE RIGHT TO CONTACT TOP AND ASK FOR A REFUND TO HIS PAYPAL ACCOUNT WITHIN 30 DAYS OF MAKING A PAYMENT IF HE BELIEVES WAS MADE BY MISTAKE. NO REFUND WILL BE MADE FOR ANY PAYMENT WHICH WAS DONE MORE THAN 30 DAYS PRIOR TO THE DATE THAT THE USER CONTACTS TOP.

ALL PAYMENTS MADE FOR COMPLETED ASSIGNMENTS ARE FINAL AND NON-REFUNDABLE. HOWEVER, IN CASE OF IMPROPER TASK PERFORMANCE, A CLIENT HAS THE RIGHT TO LAUNCH A DISPUTE AND ASK FOR A REFUND.

 

  1. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL THE ONLINE PUBLISHERS LTD OR ANY OF ITS SUCCESSORS, PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, INVESTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, ATTORNEYS AND THEIR RESPECTIVE HEIRS, SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INDIRECT, INCIDENTAL, PUNITIVE,  CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT DIRECTLY OR INDIRECTLY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS PLATFORM OR THE INFORMATION CONTAINED ON THIS WEBSITE OR OBTAINED FROM YOUR USE OF THIS PLATFORM, INCLUDING FOR VIRUSES CLAIMEDTO HAVE BEEN OBTAINED FROM THE TOP WEBSITE, EVEN IF THE ONLINE PUBLISHERS LTD HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL IT OR ANY OF ITS SUCCESSORS, PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, INVESTORS, EMPLOYEES, AGENTS, REPRESENTATIVES AND ATTORNEYS AND THEIR RESPECTIVE HEIRS, SUCCESSORS AND ASSIGNS SHARE IN ANY LIABILITY.

MOREOVER, UNDER NO CIRCUMSTANCES SHALL THE ONLINE PUBLISHERS LTD OR ITS THIRD PARTY SUPPLIERS BE LIABLE TO THE USER OR ANY THIRD-PARTY CLAIMANT FOR ANY DIRECT, INDIRECT, PUNITIVE, CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST DATA, LOST PROFITS, OR LOSS OF GOODWILL, OR INCIDENTAL DAMAGES, WHETHER BASED ON A CLAIM OR ACTION OF CONTRACT, NEGLIGENCE, LIABILITY, OR ANY OTHER TORT, BREACH OF ANY STATUTORY DUTY, OR OTHERWISE, EVEN IF THE ONLINE PUBLISHERS LTD OR ITS THIRD PARTY SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITY.

 

 

 

 

  1. INDEMNITY

THE USER AGREES TO INDEMNIFY AND HOLD HARMLESS THE ONLINE PUBLISHERS LTD, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND THIRD-PARTY SUPPLIERS OR AFFILIATES, AT THE USER’S EXPENSE, AGAINST ANY AND ALL THIRD-PARTY CLAIMS, ACTIONS, PROCEEDINGS, AND LAW SUITS BROUGHT AGAINST THE ONLINE PUBLISHERS LTD OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, THIRD-PARTY SUPPLIERS OR AFFILIATES.

THE USER AGREES TO COVER AND PAY FOR ALL RELATED LIABILITIES, DAMAGES, PENALTIES, FINES, COSTS OR EXPENSES, INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEYS’ FEES AND OTHER LITIGATION FEES AND EXPENSES INCURRED BY THE ONLINE PUBLISHERS LTD OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, THIRD-PARTY SUPPLIERS OR AFFILIATES, ARISING OUT OF OR IN RELATION TO: (I) THE USER’S BREACH OF ANY OF THE TERMS OR CONDITIONS OF THIS AGREEMENT; (II) THE USER’S FRAUDULENT USE OF TOP SERVICES, WEBSITE OR TOP PLATFORM; (III) THE USER’S VIOLATION OF APPLICABLE LAWS, RULES OR REGULATIONS IN CONNECTION WITH TOP SERVICES, WEBSITE OR TOP PLATFORM; IN WHICH CASE, TOP SHALL SEND YOU NOTICE IN ELECTRONIC OR WRITTEN FORM OF SUCH CLAIM, SUIT OR ACTION.  THE USER AGREES TO COOPERATE AS FULLY AND AS REASONABLY REQUIRED IN THE DEFENSE OF ANY CLAIM.

  1. ENTIRE AGREEMENT

THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN THE ONLINE PUBLISHERS LTD AND THE USER WITH RESPECT TO THE SUBJECT MATTER OF THIS AGREEMENT AND SUPERSEDES AND REPLACES ALL PRIOR OR CONTEMPORANEOUS UNDERSTANDINGS OR AGREEMENTS, WRITTEN OR ORAL, REGARDING THAT SUBJECT MATTER. ANY WAIVER OF ANY PROVISION OF THIS AGREEMENT WILL BE EFFECTIVE ONLY IF IN WRITING AND SIGNED BY AN AUTHORIZED OFFICER OF TOP.