Terms of Use
Welcome to the Terms of Use for topdust.com. Users of our website (“Site”) are provided with a wide variety of information and services, including search capabilities, access to articles and music reviews, the ability to submit comments and user generated content onto the site, and exclusive information about new music releases and products. By using our Site, you are agreeing to comply with and be bound by the following terms of use. Please review the following terms carefully. If you do not agree to these terms, you should not use this Site.
We reserve the right to modify this Agreement at any time, and without prior notice, by posting amended terms on this Site. Your continued use of the topdust Service indicates your acceptance of the amended Terms of Use.
The term “topdust” or “us” or “we” refers to the owner of the Site, topdust, Inc. The term “you” refers to the user or viewer of our Site.
Limitations of Use
Your license for access and use of the topdust Site and any information, materials and documents therein are subject to the following restrictions and prohibitions on use: a)You may not copy, reproduce, distribute, republish, display, post, or transmit any material contained on the Site in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the express prior written consent of topdust; b) You may not use the Site or any materials obtained from the Site to develop, or as a component of, any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, lease, license, rental, subscription, or any other commercial distribution mechanism. You also may not “mirror” any material contained on the Site on any other server. Any unauthorized use of any content on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications statutes and regulations. Elements of the website that are licensed by topdust are subject to the same conditions.
Access to Service
Use of manual or automated software, devices, or other processes to “crawl” or “spider” any web pages contained in the Site is strictly prohibited. You agree not to monitor or copy, or allow others to monitor or copy, our web pages or the content included herein. You also agree not to “frame” or otherwise simulate the appearance or function of this Site. Furthermore, you agree not to take any action that interferes with the proper working of or places an unreasonable load on our infrastructure, including but not limited to unsolicited communications, attempts to gain unauthorized access, or transmission or activation of computer viruses.
Links to Third Party Sites
The Site may contain links to web sites controlled, owned, and operated by third parties (the “third-party sites”). topdust cannot control and has no responsibility for the accuracy or availability of information provided on the third-party sites. You acknowledge that use of any third-party sites is governed by the terms of use for those websites, and not by this Agreement. Links to third-party sites do not constitute an endorsement or recommendation by topdust of such sites or the content, products, advertising or other materials presented on such sites, but are only for your convenience and you access them at your own risk. Such third-party sites may have a privacy policy different from that of topdust and the third-party site may provide less security than this Site. We are not responsible for the content of any third-party web sites, nor do we make any warranties or representations, express or implied, regarding the content (or the accuracy of such content) on any third-party web sites, and topdust shall have no liability of any nature whatsoever for any failure of products or services offered or advertised at such sites or otherwise.
User Comments and Reviews
For clarity, you retain all of your ownership rights in and to your Submissions. However, by submitting comments, music reviews, ratings or other content to topdust through this Site (collectively, “Submissions”), you are also granting to topdust a non-exclusive, royalty-free, worldwide license to use, display, reproduce, sublicense, transfer, modify and publish all or any portion of such Submissions in connection with the Site. topdust shall not be subject to any obligations of confidentiality regarding Submissions except as expressly agreed by topdust or as otherwise required by applicable law. Nothing herein contained shall be construed as limiting topdust’s responsibilities and obligations under its Privacy Policy.
You may delete all or any part of your Submissions at any time using the tools provided by topdust and the license granted to topdust shall terminate upon your deletion of such Submissions from the Site.
Indemnification
By accepting the Terms of Use, you agree to indemnify and otherwise hold harmless topdust, Inc., its officers, employees, agents, subsidiaries, affiliates and other partners from any direct, indirect, incidental, special, consequential or exemplary damages resulting from your use of the topdust Site.
Termination
You agree that topdust may, with or without cause, immediately terminate your topdust account and access to the topdust Service without prior notice. Without limiting the foregoing, the following will lead to a termination by topdust of a user’s use of the topdust Service (a) breaches or violations of this Terms of Use 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) unexpected technical issues or problems. Termination of your topdust account includes removal of access to all offerings within the topdust Service and may also bar you from further use of the topdust Service. Furthermore, you agree that all terminations shall be made in topdust’s sole discretion and that topdust shall not be liable to you nor any third-party for any termination of your account or access to the topdust Service.
You further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant topdust all of the license rights granted herein; (ii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iii) post advertisements or solicitations of business: (iv) impersonate another person.
Copyright Complaints
We respect the intellectual property rights of others and we prohibit users from uploading, posting or otherwise transmitting on the Site or in connection with the topdust Service any materials that violate another party’s intellectual property rights. When we receive proper Notification of Alleged Copyright Infringement as described in the topdust Copyright Policy, we promptly remove or disable access to the allegedly infringing material and terminate the accounts of repeat infringement offenders as described herein in accordance with the Digital Millennium Copyright Act. If you believe that any material on the Site infringes upon any copyright which you own or control, you may send a written notification of such infringement to our Designated Agent. Please see the topdust Copyright Policy for more information on how to report infringement of your copyright.
Repeat Infringement Policy
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, Company has adopted a policy of terminating, in appropriate circumstances and at Company’s sole discretion, members who are deemed to be repeat infringement offenders. Company may also at its sole discretion limit access to the Site and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Prohibited Content
Our goal is to promote user generated content on the topdust Site relating to topdust articles, music reviews, and other interests of the topdust community while maintaining high standards of respect and decency. In order to attain this goal, and in addition to the other content and/or action restrictions set forth in these Terms of Use, the following content is prohibited on the topdust site:
Content that has as its sole or primary purpose to advertise a particular product or service that, in the sole judgment of topdust, does not otherwise have redeeming value to the community. topdust may allow the uploading of some such content for a fee, at its sole discretion. Such advertising content may be treated differently than other content (i.e. through indications that it is an advertisement, or exclusion from some indices or searches).Content involving nudity, including but not limited to, nudity or partial nudity of children of any age.Content that exploits children or minors or that discloses any personally identifying information beyond a first name about persons under the age of 18.Content that disseminates personal information about another individual for malevolent purposes, including libel, slander, defamation or harassment.Content that is or may be deemed to be grossly offensive to the online community, including but not limited to, blatant expressions of bigotry, prejudice, racism, hatred and profanity.Content promoting or providing instructional information about illegal activities.Content depicting cruelty to animals.Content intended to abuse, harass, stalk, threaten or otherwise violate the legal rights of others (such as the rights of privacy and publicity).Content that violates any applicable laws or regulations not specifically referenced herein.Partnership Link Policy
By claiming your business information on topdust and entering into a “Partnership” with topdust, you agree to link to topdust from at least one location on your site. topdust will provide “badges” to facilitate this linking but a text link to anywhere on topdust will fulfill this requirement. topdust may at times check to make sure your site is in compliance with this requirement or request you to provide the location of the link to topdust on your site. Failure to comply may result in your business being removed from topdust.
Disclaimer of warranties
None of topdust, any of its affiliates, providers or their respective officers, directors, employees, agents, independent contractors or licensors (collectively the “topdust parties”) guarantees the accuracy, adequacy, timeliness, reliability, completeness, or usefulness of any of the content and topdust disclaims liability for errors or omissions in the content.
This site and all of the content is provided “as is” and “as available,” without any warranty, either express or implied, including the implied warranties of merchantability, fitness for a particular purpose, non-infringement or title. Additionally, there are no warranties as to the results of your use of the content. topdust parties do not warrant that the site is free of viruses or other harmful components. This does not affect those warranties which are incapable of exclusion, restriction or modification under the laws applicable to this agreement.
topdust may discontinue or make changes in the content and site at any time without prior notice to you and without any liability to you. Any dated information is published as of its date only, and topdust parties do not undertake any obligation or responsibility to update or amend any such information. topdust reserves the right to terminate any or all site offerings or transmissions without prior notice to you. This site could contain technical inaccuracies or tyopographical errors. Use of this site is at your own risk.
Limitation of liability
Under no circumstances will topdust parties be liable for any damages including general, special, direct, indirect, incidental, consequential, punitive or any other damages of any kind whether in an action in contract or negligence arising or relating in any way to the use or inability to use by any party of the content, the site or any third-party site to which this site is linked, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if topdust parties, or representatives thereof, are advised of the possibility of such damages, losses or expenses. topdust is not liable for any defamatory, offensive or illegal conduct of any user. Your sole remedy for dissatisfaction with this site is to stop using the site. If your use of materials from this site results in the need for servicing, repair or correction of equipment or data, you assume any costs thereof. If the foregoing limitation is found to be invalid, you agree that topdust parties’ total liability for all damages, losses, or causes of action of any kind or nature shall be limited to the greatest extent permitted by applicable law.
Also, this Site is offered only to users 13 years of age or older. If you are not yet 13 years old, please discontinue using this Site immediately. If, for any reason, you do not agree with all of the terms and conditions contained herein, please discontinue using the Site immediately.
Ownership of Intellectual Property
All Site software, design, text, images, music files, photographs, illustrations, audio and video material, artwork, graphic material, database, proprietary information and all copyrightable or otherwise legally protected elements of the Website including, but without limitation to, the selection, sequence and “look and feel” and arrangement of items, (individually and/or collectively “Material”), are the property of topdust, its affiliates, licensors, artists, labels, clients, advertisers, sponsors, or suppliers and are legally protected, without limitation, under the U.S. federal and state laws, as well as applicable foreign laws, regulations and treaties. All rights in the album, artist, band and label names, company names, trade names, logos, product packaging and designs of topdust or third-party products or services whether or not appearing in large print or with the trademark symbol, belong exclusively to topdust, as applicable, or their respective owners, and are protected from reproduction, imitation, dilution or confusing or misleading uses under national and international trademark and copyright laws, as applicable. The use or misuse of these trademarks or any Materials, except as permitted herein, is expressly prohibited and nothing stated or implied on this Website confers on you any license or right under any patent, copyright or trademark of topdust or any third party. Decompiling, reverse engineering, disassembling or otherwise reducing the code used in any software on this Website into a readable form in order to examine the construction of such software and/or to copy or create other products based (in whole or in part) on such software, is prohibited.
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