By accessing any Top Of Book services, including all website functionality and third-party services provided for clients, you are agreeing to be bound by these policies, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.
- Sub-contracting Rights
Top Of Book.com reserves the right to assign subcontractors to services to ensure the right fit for the job as well as on-time completion. Services such as copywriting and programming are routinely assigned to subcontractors with relevant experience to the current project.
The service provided “as is”. Top Of Book makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Top Of Book does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked.
In no event shall Top Of Book or its suppliers, third-party vendors or custom software be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the software or services provided by Top Of Book, even if Top Of Book or a Top Of Book- authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you. The client agrees to indemnify and hold Top Of Book and its third parties harmless against any and all claims, costs, and expenses, including attorney’s fees, due to activity pertaining to services provided. The client represents and warrants to Top Of Book that to the best of the client’s knowledge, use of the client content and intended functionality does not infringe the rights of any third party. Top Of Book represents and warrants to the client that to the best of Top Of Book’s knowledge, the deliverables will not violate the rights of any third parties. Top Of Book does not take liability for the protection of individuals, groups, organizations, businesses, spectators, or others who may visit the client’s website and utilize the services, information, links or communication tools herein. In consideration for the “go live” for the website staged by the client, the client hereby release and forever discharge Top Of Book and its employees from any and all actions, causes of actions, claims and demands for, upon or by reason of any damage, loss or injury, which hereafter may be sustained by using the website. This release extends and applies to, and also covers and includes, all unknown, unforeseen, unanticipated and unsuspected injuries, damages, loss and liability and the consequences thereof, as well as those now disclosed and known or not known to exist. The provisions of any state, federal, local or territorial law or state providing substance that releases shall not extend to claims, demands, injuries, or damages which are known or unsuspected to exist at this time, to the person executing such release, are hereby expressly waived.
- Revisions and Errata
The materials appearing in support documentation include technical, typographical, or photographic errors. Top Of Book does not warrant that any of the materials are accurate, complete, or current. Top Of Book may make changes to the software and materials at any time without notice. Top Of Book does not, however, make any commitment to update the software or materials.
- Links and 3rd Party Modules and Plugins
Top Of Book has not reviewed all of the sites, 3rd Party Modules and Plugins linked to its services and is not responsible for the contents of any such links. The inclusion of does not imply endorsement by Top Of Book of the site or services. Use of any such service is at the user’s own risk.
- Governing Law
Any claim relating to Top Of Book shall be governed by the laws of the State of New York without regard to its conflict of law provisions. This Agreement shall be binding upon the parties, their heirs, successors, assigns, and personal representatives. This Agreement constitutes the entire understanding of the parties. Its terms can be modified only in writing agreed upon by both parties, except that the Client may authorize expenses or revisions orally. Any dispute arising out of this agreement will be resolved by negotiation between the parties. If they are unable to resolve the dispute, either party may commence mediation and/or binding arbitration through the American Arbitration Association. A waiver of a breach of any of the provisions of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions. This Agreement shall be governed by the laws of the State of New York and courts of such state shall have exclusive jurisdiction and venue.
- Reservation of Rights
All designs, content and software existing or created on behalf of the client shall be and remain the possession of Top Of Book and its third parties unless specifically indicated. Exclusions may include information, designs and materials for websites and software contracted by Top Of Book for that specific client. Until full payment is received, Top Of Book retains full ownership of all materials developed for a client. Upon full payment, Client or end user assumes all ownership rights of all materials developed in so far as specifically described in a contract. Modules and Plugins are never considered the possession of client unless specifically indicated within a contract. Top Of Book retains the right to use the materials developed as a sample of work for promotional, competitive and portfolio purposes.
Any Agreement shall continue until the agreement between you, the client or end user and Top Of Book or an authorized third party, whichever is applicable, terminates. Agreements renew automatically unless 90 days written notice is provided by the client or end user. Top Of Book and its Third Parties may, if it determines in its sole discretion that the the client or end user has violated any provision of their contract or agreement, terminate an agreement immediately. Upon termination for any such reason, all rights granted herein shall immediately cease and the client or end user shall immediately end all use of the Services. Additionally, the client or end user shall immediately delete, destroy or return all originals and copies of any Top Of Book and Third Party confidential information, including all documentation, manuals, instructions and other information associated with the services.
- Service Maintenance Windows
Top Of Book and its representatives reserve the right to service Top Of Book-maintained services in situations requiring emergency maintenance, upgrades or other seen or unforeseen circumstances. Top Of Book reserves 5:00 pm – 6:00 pm Eastern Time (ET) for servicing client services or end user services. Every effort will be made to arrange the service maintenance window during non-business hours.
All material considered confidential by either party shall be designated as confidential. Confidential Information shall not be disclosed to third parties and shall only used as needed to perform this Agreement. Confidential Information shall not include any information that is already known by the recipient, becomes publicly known through no fault of the recipient, or is received from a third party without a restriction on disclosure. Top Of Book and client or end user guarantees that information shared during the development of a project will not be distributed, discussed or otherwise shared with any other parties unless Top Of Book or client or end user is required to do so by court order.
- Copyrights and Trademarks
Clients and end users unconditionally guarantee to Top Of Book that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Top Of Book for inclusion in the materials is owned by the client, or that the client has permission from the rightful owner to use each of these elements.
- Ownership Rights
Until full payment is received, Top Of Book.com retains full ownership of all materials developed under this project proposal. Upon full payment, Client assumes all ownership rights of all materials developed. Top Of Book.com retains the right to use the materials developed as a sample of work for promotional, competitive and portfolio purposes.
- Password Security and Third-Party Management
From time to time Top Of Book may utilize usernames and passwords for the purpose of servicing the Client’s website, social media accounts or other software service. Top Of Book agrees to protect the confidentiality and security of any shared passwords during the term of a contract. Furthermore, Top Of Book agrees to discontinue and destroy all copies of passwords at the termination of contracts. It is the client’s responsibility to update confidential information frequently, using password security protocols and that will prevent the compromise of accounts. At no time does Top Of Book take responsibility or liability in the event a password or account is compromised regardless of their administrative access to those accounts.
- Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.
- We will collect and use of personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law.
- We will only retain personal information as long as necessary for the fulfillment of those purposes.
- We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.
- Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.
- We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
- We will make readily available to customers information about our policies and practices relating to the management of personal information.
Top Of Book and its Third Parties may, from time to time, send direct marketing materials promoting products and services to users based on their personal data, but suitable opt-out mechanisms are provided.
Top Of Book,and its Third Parties makes every effort to protect the privacy of users, but given the nature of the Internet, it cannot guarantee perfect security.
Users may be asked to provide with personally-identifiable information such as name and e-mail address. This is necessary to provide the users the various services and activities offered on this web site. Users are not obliged to supply the data, but if they do not, the services and activities will be unavailable.
IP address of the computer used to visit our web site may be recorded.
PURPOSE AND USE OF DATA
Information collected is used for the followings:
- monitoring use of the web site to help its further development
- compiling aggregate statistics about our users to analyze site usage
- creating accounts for users who intend to register with the services offered on this web site and maintaining such accounts
- identifying and verifying identity of the users who used the services offered on this web site
- communicating with the users in respect of matters related to or arising from the use of the services offered on this web site
We also intend to use your name, contact details and the information as to the goods and services which you were/might be interested in, for delivering information that you may be interested in, such as targeted banners, new services and products and other promotions and marketing materials and conducting direct marketing including products, services, advice and subjects in relation to the followings:
TRANSFER OF DATA
User information will not generally be disclosed or transferred to any other party in a form that would identify them except those to parties relevant and reasonably necessary for the purposes stated above.
We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.