Last Updated: 15 June 2023
Effective: 15 June 2023
THESE TERMS OF USE (“TERMS”) CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU (“END USER, YOUR OR YOU”) AND INMOBI INC., HAVING ITS REGISTERED OFFICE AT SUITE 635, 6TH FLOOR, 1825 SOUTH GRANT STREET, SAN MATEO, CA 94402 ACTING ON BEHALF OF ITSELF AND ITS AFFILIATES (“, INMOBI, US, OUR OR WE”). THE TERMS GOVERN YOUR USE OF THE WEBSITE.
“AFFILIATES” AS USED HEREIN MEANS, WITH RESPECT TO INMOBI, AN ENTITY THAT DIRECTLY OR INDIRECTLY CONTROLS, IS CONTROLLED BY OR IS UNDER COMMON CONTROL WITH INMOBI. “CONTROL” FOR PURPOSES OF THIS DEFINITION, MEANS DIRECT OR INDIRECT OWNERSHIP OR CONTROL OF MORE THAN 50% OF THE VOTING INTEREST OF AN ENTITY.
“WEBSITE” MEANS AND REFERS TO INMOBI’S PROPRIETARY WEBSITE, topspotsonline.com WHICH ENABLES END-USERS TO EXPLORE AND ACCESS THE INFORMATION WITHIN THE WEBSITE.
PLEASE CAREFULLY READ THE TERMS BEFORE SUBSCRIBING TO, ACCESSING OR USING THE WEBSITE.
THE TERMS OF USE ARE FURTHER SET OUT BELOW.
What does the Website offer You:
The Website provides access to general informational articles, blogs, and other pieces related to Fitness, Nutrition, and Lifestyle. While access and usage of the Website shall be subject to these Terms, the access and usage of each feature forming a part of the Website may be subject to any other terms and conditions provided on such feature. Please note that some of the features of the website may be operated and powered by InMobi’s Affiliates.
1. GENERAL
1.1 By accessing or using the Website, you agree to the Terms. If you do not agree to the Terms, please do not access, or use the Website.
1.2 The Terms apply without prejudice and is subject to any software and device licences and/or terms of use that you may have entered into or accepted for the use of the third-party application store or the device on which the Website is displayed.
1.3 The Website’s Privacy Policy as set forth in Privacy Policy and it’s Cookie Policy as set forth in Cookie Policy are incorporated within the Terms. By using the Website, You agree to be also bound by the Privacy Policy and the Cookie Policy.
1.4 You affirm that You are 18 years of age or above, or if You are a minor (i.e. less than 18 years of age), possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in the Terms, and to abide by and comply with the Terms. You must not access Website, thereby accepting the Terms if You are a person who is either barred or otherwise legally prohibited from receiving or using the Website under the laws of the country in which You are resident or from which You access or use the Website.
1.5 You may use Website only in those geographic locations where we offer our service.
2. ACKNOWLEDGEMENTS
When using/ accessing the Website, You agree and acknowledge that:
2.1 All information provided on this Website (including the articles) is for general informational purposes only and should not be considered a substitute for professional advice. The content, including text, images, and other materials, is not intended to be a substitute for professional advice, diagnosis, or treatment. Always seek the advice of qualified professionals regarding any questions or concerns you may have regarding a specific situation. Reliance on any information provided by this site is solely at your own risk. We do not endorse or recommend any specific products, services, or treatments mentioned on this site. Please consult with a qualified professional for personalized advice tailored to your specific needs.
2.2 The Website may include advertisements and other features or propositions belonging to third parties (“Third Party Content”). We do not create or endorse, nor are we responsible for Third Party Content. Your interaction with the Third-Party Content is at Your sole risk and discretion.
2.3 The Website may have relationships with certain sellers or third-party merchants, and we may get paid by brands or deals, including for promoted items. The Website is not a party to, or in any way responsible for, your interactions with a seller or a third-party merchant. The terms and conditions of third party offers, including delivery, rebate, refund, and cancellation policies, are governed by the third-party merchant’s policies, not ours. Please contact the third-party merchants directly for questions regarding the offer or your transaction with the third-party merchant. Third-party offers are subject to the third-party merchant’s terms and conditions for the offers.
2.4 The Website may reduce or remove third party offers without any prior notice, based on our sole discretion.
3. OWNERSHIP AND GRANT OF LICENSE
3.1 You agree that (i) all rights, title and interest including without limitations the intellectual property rights in Website, software, and the contents therein and along with it anywhere in the world belong to us and/or our licensors and/or our third party service providers, (ii) rights in the Website are licensed (not sold) to You and You have no rights in, or to, the Website other than the right to use the Website in strict conformity with the Terms.
3.2 In consideration of You agreeing to abide by the Terms, we grant You a revocable, non-sub-licensable, non-transferable, non-exclusive limited right and license to access and use the Website in object code only, subject to the Terms and other terms incorporated by reference. We hereby expressly reserve all other rights, title and interest in the Website.
3.3 You agree that the Website is solely for your personal, non-commercial use only.
3.4 Any ideas, suggestions, and feedback about the Website that You provide to Us are entirely voluntary, and You agree that we may use such ideas, suggestions, and feedback without compensation or obligation to You.
4. LICENSE RESTRICTIONS
4.1 Except as expressly set out in the Terms, You agree you will not:
use the Website in an obscene, pornographic, defamatory, disparaging, infringing or other unlawful manner or in violation of any applicable laws, proprietary or privacy rights;
threaten or verbally abuse other members or sue defamatory language or deliberately disrupt discussion repetitively.
publish/ upload any information revealing someone’s identity or is otherwise personal or confidential.
publish/ upload content violative of third-party rights including privacy and intellectual property rights.
use the Website for any commercial, promotional, advertorial, endorsement, advertising or merchandising purpose;
share, aggregate, re-distribute, reproduce, download, sub-license, publish, copy, create derivative works, offer for sale or use the content displayed/ available on the Website and/or;
re-order, modify, edit obscure or truncate in anyway the content available on the Website.
copy the Website (including its specific design, user interface);
rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the Website;
make alterations to, or modifications of, the whole or any part of the Website, or permit Website or any part of it to be combined with, or become incorporated in, any other programs including any root software;
disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Website or attempt to do any such thing.
use or attempt to use the Website with crawlers, robots, data mining, or extraction tools or any other functionality;
access data not intended for You;
scan or monitor the Website for data gathering purposes in an effort to track sales, usage, aggregate offering information, pricing information, or similar data;
scan or test the security or configuration of the Website or to breach security or authentication measures;
interfere with service to any user in any manner, including, without limitation, by means of submitting a virus to the Website or attempting to overload, “flood,” “spam,” “mail bomb,” or “crash” the Website.
frame, use framing techniques, or framing technology to enclose any content included on the Website without Our express written permission;
use any content on the Website, in any meta tags or any other “hidden text” techniques or technologies without our express written permission;
use the Website or any of its contents to advertise or solicit, for any commercial, political, or religious purpose or to compete, directly or indirectly, with the Website;
engage in tampering or interfering with the proper functioning of any part, page, or area of the Website or any functions or services provided by the Website;
take any action that places excessive demand on our services or imposes, or may impose, an unreasonable or disproportionately large load on our servers or other portion of our infrastructure (as determined in our sole discretion);
access, monitor, or copy any content from the Website using any “robot,” “spider,” “scraper,” or other automated means or any manual process for any purpose without our express written permission;
bypass or circumvent measures employed to prevent or limit access to the Website;
aggregate any current or previously offered deals or content or other information from the Website with material from other sites or on a secondary site without our express written permission;
deep-link to any portion of the Website without our express written permission;
5. TRADEMARKS AND COPYRIGHTS
The Website logo and other trademarks, service marks, graphics, and logos used in connection with Website are trademarks or registered trademarks of InMobi and/or its Affiliates in various jurisdictions. You are not granted any right or license with respect to any of the aforesaid trademarks and any use of such trademarks. Further, all copyright in and to the Website and/or the content/ services therein the copyright of InMobi and/or its licensors and service providers. All such copyright and marks are protected under applicable copyright, trademark, and other domestic and international proprietary rights laws. The unauthorized copying, modification, use or publication of the Website, the content/ services therein, and these marks is strictly prohibited.
6. LIMITED WARRANTY AND DISCLAIMER
6.1 Any implied warranties including those prescribed by statute are expressly disclaimed.
6.2 TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE WEBSITE IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. WE ALONG WITH THE WEBSITE, ITS PARTNERS, LICENSORS, AND CONTENT PROVIDERS DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, ACCURACY OF DATA (INCLUDING BUT NOT LIMITED TO LOCATION DATA), MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. WEBSITE, ITS LICENSORS, AFFILIATES AND DEVICE PARTNERS DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF WEBSITE; THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS; THAT THE WEBSITE WILL BE UNINTERRUPTED OR THAT ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THERE IS NO GUARANTEE THAT THE WEBSITE WILL BE ERROR-FREE, OR THAT THE WEBSITE INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SERVICE OR THAT ANY ERRORS IN WEBSITE WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY WEBSITE, INMOBI, ITS AFFILIATES, ITS LICENSORS AND DEVICE PARTNERS OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS APPLY ONLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
CERTAIN FEATURES AND FUNCTIONALITIES OF THE WEBSITE MAY FALL UNDER THE DEFINITION OF AN INTERMEDIARY IN ACCORDANCE WITH THE APPLICABLE LAWS. WE ALLOW USERS TO ACCESS AND USE CONTENT, WHILE EXERCISING DILIGENCE TO THE EXTENT REQUIRED UNDER THE APPLICABLE LAWS. WE DO NOT REFER, ENDORSE, RECOMMEND, VERIFY, EVALUATE OR GUARANTEE ANY ACTIONS, OUTCOME, OR INFORMATION IN CONNECTION WITH THIS WEBSITE OR THE CONTENT OR MATERIALS, NOR DO WE WARRANT THE VALIDITY, ACCURACY, COMPLETENESS, SAFETY, LEGALITY, QUALITY, OR APPLICABILITY OF ANYTHING SAID, DISPLAYED, PROMOTED OR PROVIDED FOR IN THIS WEBSITE, AS IT IS INTENDED SOLELY FOR INFORMATIONAL PURPOSES. THE USER IS RESPONSIBLE FOR HIS/ HER OWN DECISIONS AND ACTIONS UNDERTAKEN.
7. LIMITATION OF LIABILITY
7.1 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL INMOBI, ITS AFFILIATES AND/OR LICENSORS OR CONTENT PROVIDERS BE LIABLE FOR LOSS OF PROFITS, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THE TERMS, INCLUDING BUT NOT LIMITED TO ANY LOSS OF GOODWILL, DEVICE FAILURE OR MALFUNCTION, LOSS OF, OR DAMAGE TO DATA OR DAMAGE TO PROPERTY; EVEN IF SUCH LOSS WAS REASONABLY FORESEEABLE OR INMOBI, ITS AFFILIATES AND/OR LICENSORS HAD BEEN ADVISED OR NOTIFIED OF THE POSSIBILITY OF INCURRING SUCH LOSSES. THE AGGREGATE LIABILITY OF INMOBI, ITS AFFILIATES AND/OR LICENSORS OR CONTENT PROVIDERS FOR ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THE CONTRACT (HOWEVER THAT LIABILITY ARISES) SHALL BE LIMITED TO ACTUAL DIRECT DAMAGES UP TO USD 1000. THESE LIMITATIONS OF LIABILITY SHALL NOT BE APPLICABLE SOLELY TO THE EXTENT THAT ANY SPECIFIC PROVISION OF THIS LIMITATION OF LIABILITY IS PROHIBITED BY ANY FEDERAL, STATE, OR MUNICIPAL LAW.
8. TERMINATION
8.1 InMobi reserves the right to change, suspend, remove, disable or terminate access to the Website, the services, contents therein and other materials comprising the Website or certain areas or features of the Website, at any time for any reason (including without limitation to protect our interests, on account of investigation for a suspected violation of the Terms or as a result of us finding that a violation of the Terms has occurred), with or without notice. InMobi further reserves the right to change, modify, update, impose limits, deny, or create different access to the use of Website, the contents, materials, and services comprising Website and/or its features, or any part thereof, without prior notice to you.
9. INDEMNITY
You hereby agree to defend, indemnify, and hold InMobi harmless, its Affiliates, licensors, officers, directors, employees and agents, from and against any and all claims, damages, actions, losses, liabilities, costs, and expenses (including but not limited to attorney’s fees) arising from: (i) Your use of and access of Website; (ii) Your breach of the Terms; (iii) Your violation of any third-party rights; or (iv) Your violation of any applicable laws while accessing or using the Website. This defense and indemnification obligation will survive the Terms and Your use of Website.
10. EVENTS OUTSIDE OUR CONTROL
InMobi on behalf of the Website will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Terms that is caused by any act or event beyond our reasonable control, including failure of public or private telecommunications networks (“Event Outside Our Control”). If an Event Outside Our Control takes place that affects the performance of our obligations under the Terms: (a) our obligations under the Terms will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control; and
(b) we will use our reasonable endeavours to find a solution by which our obligations under the Terms may be performed despite the Event Outside Our Control.
11. OTHER IMPORTANT TERMS
11.1 MISCELLANEOUS: The Terms and the Privacy Policy represents the complete agreement concerning this license between the parties and supersedes all prior agreements and representations between them. InMobi reserves the right, at its discretion, to change, modify, add or remove portions of the Terms. The date the Terms was last revised is identified at the top of the page. To the fullest extent permitted by applicable law, Your continued use of Website after we make changes is deemed to be acceptance of those changes, so please check the applicable Terms and/or policy(ies) periodically for updates. If any provision of the Terms is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the remaining provisions of the Terms shall not be affected.
11.2 GOVERNING LAW AND DISPUTE RESOLUTION:
(a) Except in cases of exclusive jurisdiction of applicable local laws or where expressly prohibited by applicable laws, the Terms, its subject matter and its formation, are governed by the laws of California. All Disputes will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and InMobi agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision, and that you and InMobi are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms.
(b) Exceptions. As limited exceptions to Section 11.2 (a) above: (i) we both may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights.
(c) Conducting Arbitration and Arbitration Rules. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by these Terms. The AAA Rules are available at https://www.adr.org or by calling 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at https://www.adr.org. Any arbitration hearings will take place in the county (or parish) where you live, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.
(d) Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules, and we won’t seek to recover the administration and arbitrator fees we are responsible for paying, unless the arbitrator finds your Dispute frivolous. If we prevail in arbitration, we’ll pay all of our attorneys’ fees and costs and won’t seek to recover them from you. If you prevail in arbitration, you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.
(e) Injunctive and Declaratory Relief. Except as provided in Section 11.2(c) above, the arbitrator shall determine all issues of liability on the merits of any claim asserted by either party and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. To the extent that you or we prevail on a claim and seek public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual claims in arbitration.
(f) Class Action Waiver. YOU AND INMOBI AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ Dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims and may not otherwise preside over any form of a representative or class proceeding.
11.3 CONTACT INFORMATION:
Customer Support: Any enquiries You may have about the Website and its features or if You need assistance with Website, You may write to Us info@topspotsonline.com
12. CONTENT ON THE WEBSITE
12.1. We reserve the right to remove any content or information shared on the Website that We believe violates these Terms, or when We are permitted or required to do so by law.
12.2 Notification of Copyright Infringement: InMobi respects the intellectual property rights of others and expects its users to do the same.
It is Our policy, in appropriate circumstances and at its discretion, to disable and/or terminate the access rights of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others. Additionally, we may, at any time, take down specific content hosted on our Website to comply with the Digital Millennium Copyright Act of 1998 (“DMCA”).
In accordance with the DMCA, the text of which may be found on the U.S. Copyright Office Website at https://www.copyright.gov/legislation/dmca.pdf, We will respond expeditiously to claims of copyright infringement committed using the services offered by the Website on mobile networks and mobile devices (the “Services”) that are reported to InMobi.
If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Website by completing the following DMCA Notice of Alleged Infringement and delivering it to InMobi. Upon receipt of the Notice as described below, InMobi will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Website.
DMCA Notice of Alleged Infringement (“Notice”)
1. Identify the copyrighted work that you claim has been infringed, or – if multiple copyrighted works are covered by this Notice – you may provide a representative list of the copyrighted works that you claim have been infringed.
2. Identify the material that you claim is infringing (or to be the subject of infringing activity) and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, including at a minimum, if applicable, the URL of the link shown on the Service(s) where such material may be found.
3. Provide your mailing address, telephone number, and, if available, email address.
4. Include both of the following statements in the body of the Notice:
“I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
“I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
5. Provide your full legal name and your electronic or physical signature.
Deliver this Notice, with all items completed, to info@topspotsonline.com.