Terms & Condition
TopRated Terms & Conditions
By using the TopRated web site (“Service”), or any services of TopRated, you are agreeing to be bound by the following terms and conditions (“Terms of Service”). IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY, ITS AFFILIATES AND ALL USERS WHO ACCESS OUR SERVICES THROUGH YOUR ACCOUNT TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS “YOU” OR “YOUR” SHALL REFER TO SUCH ENTITY, ITS AFFILIATES AND USERS ASSOCIATED WITH IT. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE SERVICE.
TopRated reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes.
Violation of any of the terms below may result in the termination of your Account. You agree to use the Service at your own risk.
A. Account Terms
- You must be 17 years or older to use this Service
- You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
- Your login may only be used by one person – a single login shared by multiple people is not permitted. You may create separate logins for as many people as your plan allows.
- You are responsible for maintaining the security of your account and password. TopRated cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You are responsible for managing payment transactions on your own website. TopRated cannot and will not be liable for any loss or damage from your failure to manage your own payment transactions. Any disputes with users of your website are not the responsibility of TopRated and are solely the responsibility of you, the user of the Service. If you cancel the Service or cancel your website, it is your responsibility to cancel all member subscriptions. TopRated will not be held liable for ongoing payment transactions that occur after you cancel usage of the Service. It is your responsibility to ensure that when you cancel usage of the Service, that all your member’s payment transactions are canceled and that no future billings occur.
- You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have login access to your account).
- You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright or trademark laws).
B. Payment, Refunds, Upgrading and Downgrading Terms
- All plans must enter a valid credit card.
- All fees and charges incurred in connection with your TopRated account will be billed to the credit card designated during the registration process for the Account or subsequently designated by you to TopRated. If you want to designate a different card or there is a change in credit card validity or expiration date, or if you believe someone has accessed the Site using your username and password without your authorization, you may change your card details by clicking “My Dashboard”, then “Update Credit Card on file”.
- All plans will continue and renew automatically, unless properly cancelled.
- If you initially sign up for a plan which includes a free or discounted trial period, and you don’t cancel that account before the stated trial period expires, you will be billed for the full price of the plan starting on the day the trial period ends. If you cancel prior to the processing of your first invoice following the trial period, you will not be charged.
- An upgrade to any plan from an Account in a trial period will end your trial immediately. You will be billed for your first month immediately upon upgrading.
- The Service is billed in advance on a monthly, yearly, or otherwise defined term or period of time basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
- All fees are exclusive of all vat.
- For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle. An upgrade to any higher priced plan will immediately bill you for the prorated difference for the current billing cycle. If a plan downgrade causes a credit to your account, this credit will be used toward your next billing(s). This credit will not be refunded.
- Downgrading your Service may cause the loss of features or capacity of your Account. TopRated does not accept any liability for such loss.
C. Cancellation and Termination
- You are solely responsible for properly canceling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time by clicking on the “Manage Account” then “Close Listing” link. Then follow the directions to close your account.
- All of your Content will be immediately deleted from the Service upon cancellation. This information can not be recovered once your account is cancelled.
- If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.
- TopRated, in its sole discretion, has the right to refuse service to current or future users of the Service, or any other Brilliant Directories service, for any reason at any time. Reasons for this may include but are not limited to: using the Service for illegal purposes or using the Service to post illegal content. In the event your account is terminated all content can be exported and provided to you. You may contact firstname.lastname@example.org to request an export of all your data if you are unable to export it yourself or if need assistance.
D. Modifications to the Service and Prices
- TopRated reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
- Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the TopRated site (TopRated) or the Service itself.
- TopRated shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
E. Copyright and Content Ownership
- We claim no intellectual property rights over the material you provide to the Service. Your domain name, ideas and Content uploaded (including but not limited to videos, audio recordings, file attachments, and written text) remain yours. However, by setting your pages to be viewed publicly, you agree to allow others to view your Content.
- We claim no interest, vested interest, ownership, co-ownership, intellectual property rights, private benefit, or possession before, during, or after your use of the Service including but not limited to your domain name, ideas, financial gains, financial losses, investments, profits, content (including but not limited to videos, audio recordings, file attachments, and written text), business models, communications or recipients.
- In no way does using the Service define a legal partnership with TopRated including but not limited to co-ownership, ownership, partnership, or any other type of bounded legal interest including but not limited to intellectual property, financial gains, financial loses, profits, investments, content, liability, promises, damages, demands, claims, suits, or proceeding.
- TopRated does not pre-screen users of the Service, and allows anyone to use the Service, but TopRated has the right (but not the obligation) in its sole discretion to refuse or remove any users from using the Service.
- If a user or users of the Service infringe on the intellectual property rights of another user of the Service over the material that you provide to the Service including but not limited to your domain name, ideas, content (including but not limited to videos, audio recordings, file attachments, and written text), business models, communications, or recipients, you agree that TopRatedl assumes no liability, damages, interest, fault, and provides no warranty against this, and you waive any right to pursue any claim, demand, suit or proceeding against TopRated.
- TopRated is not affiliated with any users of the Service
- TopRated claims no relationship, association, or affiliation with users of the Service.
- Any information and opinions expressed by you, the user, through the Service, are solely those of the user and are not the opinions of TopRated, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS.
- TopRated does not pre-screen Content, but TopRated has the right (but not the obligation) in its sole discretion to refuse or remove any Content that is available via the Service.
- You shall defend TopRated against any claim, demand, suit or proceeding made or brought against TopRated by a third party alleging that Your Content, or Your use of the Service in violation of this Agreement, infringes or misappropriates the intellectual property rights of a third party or violates applicable law, and shall indemnify TopRated for any damages finally awarded against, and for reasonable attorney’s fees incurred by, TopRated in connection with any such claim, demand, suit or proceeding; provided, that TopRated (a) promptly gives You written notice of the claim, demand, suit or proceeding; (b) gives You sole control of the defense and settlement of the claim, demand, suit or proceeding (provided that You may not settle any claim, demand, suit or proceeding unless the settlement unconditionally releases TopRated of all liability); and (c) provides to You all reasonable assistance, at Your expense.
- You acknowledge and agree that your relationship with TopRated is not a confidential, fiduciary, or other type of special relationship, and that your decision to submit any Content does not place TopRated in a position that is any different from the position held by members of the general public, including with regard to your Content. None of your Content will be subject to any obligation of confidence on the part of TopRated, and TopRated will not be liable for any use or disclosure of any Content you provide.