Top Dank Terms of Service (“Agreement”)

Acceptance of Terms

Please read these Terms of Service (“Agreement”, “Terms of Service”) carefully before using www.TopDank.com (“the Site”, “TopDank”) operated by TD Advertising Firm LLC (“us”, “we”, or “our”). This Agreement sets forth the legally binding terms and conditions for your use of the Site at www.TopDank.com.

TopDank provides a large collection of online resources to users.  These resources include but are not limited to email services, classified advertisements, user forums and various other resources (hereafter referred to as “the Service”).

By accessing or using the site in any manner, including, but not limited to, visiting or browsing TopDank or contributing content or other materials to the Site, you agree to be bound by these Terms of Service.  Should you object to any term or condition of the Terms of Service, any guidelines, or any subsequent modifications thereto or become dissatisfied with TopDank in any way, your only recourse is to immediately discontinue use of TopDank. TopDank has the right, but is not obligated, to strictly enforce the Terms of Service through active investigation, litigation, prosecution and self-help. Capitalized terms are defined in this Agreement.

Changes To This Agreement

We reserve the right, at our sole discretion, to modify or replace these Terms of Service by posting the updated terms on the Site.  These modifications will become effective immediately upon the posting of and updated Agreement.  Your continued use of the Site after any such changes constitutes your acceptance of the new Terms of Service.  The most recent version of our Terms of Service is available at https://www.topdank.com/terms

Please review this Agreement periodically for changes. If you do not agree to any of this Agreement or any changes to this Agreement, do not use, access or continue to access the Site or discontinue any use of the Site immediately.

Intellectual Property

The Site and its original content, features and functionality are owned by TD Advertising Firm LLC and are protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

Notification of Claims of Infringement

TopDank does its best to ensure original content, but as always with user submitted content it is possible that copyrighted materials or images have slipped by.  If you believe your copyrighted work has been infringed upon or violated please notify us at contacttopdank@gmail.com using the headline Copyright Removal. Please provide us with the following Notice: a) Identify the material in question and what page it is located on b) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; c) A statement by you declaring under penalty of perjury that (1) the above information in your Notice is truthful and accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner; d) Your telephone number, address and email address; and e) Your physical or electronic signature. TopDank will happily remove the infringing posting(s), subject to the the procedures outlined in the Digital Millenium Copyright Act (DMCA).

Conduct

You as advertisers agree not to post, email, or otherwise make available Content:

a) That is unlawful, libelous, threatening, abusive, of a harassing nature, defamatory, harmful to users or to the site, invasive of another’s privacy, or is harmful to minors in any way shape or form;

b) Content that advertises  the sale of any illegal items or services which are prohibited or restricted by any applicable law.  This includes items which are deemed prohibited or restricted by California State Law.

c) Attempt to gain unauthorized access to TopDank’s computer systems or engage in any activity that disrupts, lowers the quality of, interferes with the performance, or impairs the functionality of the Service or TopDank’s website.

Paid Postings

Some of the areas of service charge a fee for advertising and access to content.  This fee gives the advertiser access to post in a designated area following the Terms of Service Agreement.  In the event that content in a paid posting area is removed due to a violation of the Terms of Service Agreement, all fees paid will be non-refundable.

Limitations On Service

You acknowledge that TopDank may establish limits concerning use of the Service at our discretion, with or without notice.  Service to your account can be disabled or terminated at any time without warning.  Top Dank has no responsibility in retaining emails, page content, postings, personal information stored on the site or any other content transmitted by the Service.  You acknowledge that TopDank has the right to modify or discontinue the Service or any aspect of the Service without warning, and shall not be liable to you or any third party for any suspension, loss of revenues, modifications, or cancellation of the Service.

Termination

We may terminate your access to the Site, without cause or notice, which may result in the forfeiture and destruction of all information associated with you. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Links To Other Sites

Our Site may contain links to third-party sites that are not owned or controlled by TD Advertising Firm LLC.

TD Advertising Firm LLC has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party sites or services.  You agree that TopDank will not be involved in disputes between third parties and members on this site.  You hereby release TopDank, its officers, employees, agents and successors in rights from claims, demands and damages (actual or consequential) of every kind of nature, known unknown, suspected and unsuspected, disclosed  and undisclosed, arising out of or in any way related to such disputed and of our service.  If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.” We strongly advise you to read the terms and conditions and privacy policy of any third-party site that you visit.

Governing Law

This Agreement (and any further rules, polices, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of California, United States, without giving effect to any principles of conflicts of law.

Indemnity

You agree to indemnify and hold TopDank, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the Terms of Service, your breach of any of the representations and warranties herein, or your violation of any rights of another.

Disclaimer of Warranties

YOU AGREE THAT USE OF THE TOPDANK SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN DISCRETION AND RISK. THE SITE AND THE SERVICE ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, TOPDANK DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE TOPDANK SITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, TOPDANK DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE TOPDANK SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE TOPDANK SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, TOPDANK DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE TOPDANK  SITE OR THE SERVICE.

Limitations of Liability

UNDER NO EVENT OR CIRCUMSTANCES SHALL TOPDANK BE LIABLE TO YOU OR A THIRD PARTY FOR ANY LOST PROFITS  OR ANY CONSEQUENTIAL, DIRECT, INDIRECT, ACCIDENTAL, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF TOPDANK HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF NOT BEING ABLE TO USE THE SERVICE OR DURING YOUR USE OF THE TOPDANK SITE OR THE SERVICE.  USE OF AND ACCESS TO THE SITE AND SERVICES ARE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES OR LOSS OF DATA INCURRED WHILE USING THE SITE.  WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE TOPDANK SITE OR THE SERVICE, FROM INABILITY TO USE THE TOPDANK SITE OR THE SERVICE, OR THE  SUSPENSION, MODIFICATION, ALTERATION, INTERRUPTION OR TERMINATION OF THE TOPDANK SITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE TOPDANK SITE OR THE SERVICE OR ANY LINKS ON THE TOPDANK SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE TOPDANK SITE OR THE SERVICE OR ANY LINKS ON THE TOPDANK SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. IN SOME JURISDICTIONS, LIMITATIONS OF LIABILITY ARE NOT PERMITTED. IN SUCH JURISDICTIONS, SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.  NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TOPDANK AND OUR SUPPLIERS LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR PERTAINING TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE COMPENSATION AMOUNT YOU HAVE PAID TOPDANK IN THE PRIOR 12 MONTHS (IF ANY). THE EXISTENCE OF MORE THAN ONE CLAIM FROM YOU OR A THIRD PARTY WILL NOT INCREASE THIS 12 MONTH LIMIT.

Contact Us

If you have any questions about this Agreement, please contact us:

ContactTopDank@gmail.com

This Agreement was last modified on March 11, 2014.