Please read this Agreement carefully before accessing or using the Site. By accessing or using any portion of the Website, you agree to be bound by the terms and conditions of this Agreement. If you do not agree to all of the terms and conditions of this Agreement, do not access or use the Website. If these terms and conditions are considered an offer by Top3percent, acceptance is expressly limited to these terms. The Website is only available to persons who are at least 13 years of age.
- Your Top3percent Account. If you create an account on the Site, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and for all other actions taken in connection with the account.
2. contributor responsibility. If you comment on a blog, post material to the Site, post links on the Site, or otherwise make material available through the Site (or allow third parties to make material available) (such material, “Content”), you are solely responsible for the Content and any harm resulting from it. This is the case whether the Content in question is text, graphics, an audio file or computer software. By providing content, you represent and warrant that:
* downloading, copying or using the Content does not infringe the proprietary rights, including but not limited to copyright, patent, trademark or trade secret rights, of any third party;
* if your employer has rights in any intellectual property you create, you have either (i) obtained permission from your employer to post or make available the Content, including but not limited to software, or (ii) obtained a waiver from your employer of all rights in or to the Content;
* You have fully complied with all third party licenses with respect to the Content and have done everything necessary to successfully communicate the required terms to end users;
– the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content; * the Content is not spam; * the Content is not used for commercial purposes
* the content is not spam, is not machine-generated or randomly generated, and does not contain unethical or unsolicited commercial content designed to drive traffic to third-party websites or improve the search engine rankings of third-party websites, or to promote illegal activity (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
– the content is not pornographic, does not contain threats or incite violence against individuals or organizations, and does not violate the privacy or publicity rights of third parties;
– your comment is not named in a way that misleads readers into thinking you are another person or company. For example, your comment name or URL is not the name of a person other than yourself or a company other than your own;
By submitting Content to Top3percent for inclusion on your Website, you grant Top3percent a worldwide, royalty-free, and non-exclusive license to reproduce, modify, adapt, and publish the Content solely for the purpose of displaying, distributing, and promoting your Content. If you delete Content, Top3percent will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, Appy Pie llc has the right (though not the obligation) to, in Appy Pie llc’s sole discretion (i) refuse or remove any content that, in Appy Pie llc’s reasonable opinion, violates any Appy Pie llc policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Appy Pie llc’s sole discretion.
3. responsibility of the site visitors. Top3percent has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Top3percent does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses and other harmful or destructive content. The Website may contain content that is offensive, indecent or otherwise objectionable, as well as content that contains technical inaccuracies, typographical errors and other mistakes. The Website may also contain material that violates the privacy or publicity rights or infringes the intellectual property and other proprietary rights of others, or the downloading, copying or use of which is subject to additional stated or unstated terms and conditions. Top3percent disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
4. content posted on other websites. We have not reviewed, and cannot review, all of the material, including computer software, posted to or available from the websites and webpages to which links top3percent.org , and that link to top3percent.org . Top3percent does not have any control over those non-Top3percent websites and webpages, and is not responsible for their contents or their use. By linking to a non-Top3percent website or webpage, Top3percent does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses and other harmful or destructive content. Top3percent disclaims any responsibility for any harm resulting from your use of non-Top3percent websites and pages.
5 Copyright Infringement and DMCA Policy. As Top3percent asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on top3percent.org infringes your copyright, you are encouraged to notify Top3percent. Top3percent will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Top3percent will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Top3percent or others.
6 Intellectual Property. This Agreement does not transfer from Top3percent to you any Top3percent or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Top3percent. LEGO, the LEGO logo, brick and button configurations and the Minifigure are trademarks of the LEGO group of companies. LEGO is a trademark of the LEGO Group of Companies, which does not sponsor, authorize or endorse this Site. Top3percent, top3percent.org , top3percent.org logo and all other trademarks, service marks, graphics and logos associated with top3percent.org , or the Website are trademarks or registered trademarks of Top3percent. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Top3percent or third-party trademarks.
7. customizations. Top3percent reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to periodically review this Agreement for changes. Your continued use or access of the Site following the posting of changes to this Agreement constitutes acceptance of those changes. Top3percent may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services will be subject to the terms of this Agreement.
8 Termination. Top3percent may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you terminate this Agreement or your theBrickBlooger.com account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement that by their nature should survive termination will survive termination, including but not limited to ownership provisions, warranty disclaimers, indemnification, and limitations of liability.
9 Disclaimer. The Website is provided “as is.” Top3percent and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Top3percent nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download or otherwise obtain content or services through the Site at your own discretion and risk.
10 Limitation of Liability. In no event will Top3percent or its suppliers or licensors be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data. Top3percent shall have no liability for any failure or delay due to circumstances beyond its reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
12 Indemnification. You agree to indemnify and hold harmless Top3percent, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website , including but not limited to your violation of this Agreement.
13 Miscellaneous. This Agreement constitutes the entire agreement between Top3percent and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Top3percent, or by the posting by Top3percent of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Site shall be governed by the laws of the State of Florida, U.S.A., excluding its conflict of law provisions, and proper venue for any disputes arising out of or relating to the same shall be in the state and federal courts located in Alachua County, Florida. Except for claims for injunctive or equitable relief or claims relating to intellectual property rights (which may be brought in any court of competent jurisdiction without the posting of a bond), all disputes arising under this Agreement shall be finally settled pursuant to the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such rules. The arbitration shall take place in Alachua County, Florida, in the English language and the arbitration decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed to reflect the original intent of the parties and the remaining portions shall remain in full force and effect. A waiver by either party of any term or condition of this Agreement, or a breach thereof in any instance, shall not operate as a waiver of such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Top3percent may assign its rights under this Agreement without condition. This Agreement shall be binding upon and inure to the benefit of the parties, their successors and permitted assigns.