topsongs.xyz Web Site Agreement
1 Copyright, Licenses and Idea Submissions.
The entire contents of the
Site are protected by international copyright and trademark laws. The owner of
the copyrights and trademarks are topsongs.xyz, its affiliates or other
third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD,
POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE,
INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download
portions of material from the different areas of the Site solely for your own
non-commercial use provided that you agree not to change or delete any
copyright or proprietary notices from the materials. You agree to grant
to topsongs.xyz a non-exclusive,
royalty-free, worldwide, perpetual license, with the right to sub-license, to
reproduce, distribute, transmit, create derivative works of, publicly display
and publicly perform any materials and other information (including, without
limitation, ideas contained therein for new or improved products and services)
you submit to any public areas of the Site (such as bulletin boards, forums and
newsgroups) or by e-mail to topsongs.xyz by all means and in any media now
known or hereafter developed. You also grant to topsongs.xyz the right to use
your name in connection with the submitted materials and other information as
well as in connection with all advertising, marketing and promotional material
related thereto. You agree that you shall have no recourse against topsongs.xyz
for any alleged or actual infringement or misappropriation of any proprietary
right in your communications to topsongs.xyz
You understand that, except for information, products or
services clearly identified as being supplied by
topsongs.xyztopsongs.xyz.comdoes
not operate, control or endorse any information, products or services on the
Internet in any way. Except for topsongs.xyz
- identified information, products or services, all information,
products and services offered through the Site or on the Internet generally are
offered by third parties, that are not affiliated with
topsongs.xyz a. You
also understand that
topsongs.xyz cannot and does not guarantee or warrant that files available
for downloading through the Site will be free of infection or viruses, worms,
Trojan horses or other code that manifest contaminating or destructive
properties. You are responsible for implementing sufficient procedures and
checkpoints to satisfy your particular requirements for accuracy of data input
and output, and for maintaining a means external to the Site for the
reconstruction of any lost data.YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR
YOUR USE OF THE SITE AND THE INTERNET. topsongs.xyz PROVIDES THE SITE AND
RELATED INFORMATION “AS IS” AND DOES NOT MAKE ANY EXPRESS OR IMPLIED
WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT
LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE
SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR
ON THE INTERNET GENERALLY, AND topsongs.xyz SHALL NOT BE LIABLE FOR ANY COST OR
DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS
SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND
USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION
PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. topsongs.xyz DOES
NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT
DEFECTS IN THE SERVICE WILL BE CORRECTED.
YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET
CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE
OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK. topsongs.xyz
HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH
MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT WILL topsongs.xyz BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL,
OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF
PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE)
ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION,
OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY
DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF topsongs.xyz OR ITS AUTHORIZED
REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II)
ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE
SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH
STATES, topsongs.xyz LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY
LAW.topsongs.xyz makes no representations whatsoever about any other web site
which you may access through this one or which may link to this Site. When you
access a non-topsongs.xyz web site, please understand that it is independent
from topsongs.xyz, and that topsongs.xyz has no control over the content on
that web site. In addition, a link to a topsongs.xyz web site does not mean
that topsongs.xyz endorses or accepts any responsibility for the content, or
the use, of such web site.
3. Indemnification.
You agree to
indemnify, defend and hold harmless topsongs.xyz, its officers, directors,
employees, agents, licensors, suppliers and any third party information
providers to the Service from and against all losses, expenses, damages and
costs, including reasonable attorneys’ fees, resulting from any violation of
this Agreement (including negligent or wrongful conduct) by you or any other
person accessing the Service.
4. Third Party Rights.
The provisions of
paragraphs 2 (Use of the Service), and 3 (Indemnification) are for the benefit
of topsongs.xyz and its officers, directors, employees, agents, licensors,
suppliers, and any third party information providers to the Service. Each of
these individuals or entities shall have the right to assert and enforce those
provisions directly against you on its own behalf.
5.Term; Termination.
This Agreement may be
terminated by either party without notice at any time for any reason. The
provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions), 2 (Use
of the Service), 3 (Indemnification), 4 (Third Party Rights) and 6
(Miscellaneous) shall survive any termination of this Agreement.
6.Miscellaneous.
This Agreement shall
all be governed and construed in accordance with the laws of India applicable
to agreements made and to be performed in India. You agree that any legal
action or proceeding between topsongs.xyz and you for any purpose concerning
this Agreement or the parties’ obligations hereunder shall be brought
exclusively in a federal or state court of competent jurisdiction sitting in
India . Any cause of action or claim you may have with respect to the Service
must be commenced within one (1) year after the claim or cause of action arises
or such claim or cause of action is barred. topsongs.xyz’s failure to insist
upon or enforce strict performance of any provision of this Agreement shall not
be construed as a waiver of any provision or right. Neither the course of
conduct between the parties nor trade practice shall act to modify any
provision of this Agreement. topsongs.xyz may assign its rights and duti
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