Terms of Use
Welcome to myTop.gift. myTop.gift is a platform where you can create wish lists, set up gift preference profiles, and share gifting information either within a private social network or publicly through a shared list link.
These Terms of Use form a legal agreement between you and myTop.gift. They apply to all users, whether you are a registered member of the service or a visitor browsing the myTop.gift website or any of its affiliated URLs (collectively referred to as the "Site"). By accessing or using the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use, as well as the following policies incorporated by reference:
If you disagree with these Terms of Use, you are not authorized to access or use the Site or its content.
To use certain features of the Site, you must create an account ("Account"). During registration, you must provide accurate and complete information. If myTop.gift suspects your Account details are inaccurate or incomplete, it reserves the right to suspend or terminate your Account at its sole discretion.
You are responsible for maintaining the security of your Account, including your login credentials. Notify myTop.gift immediately of any unauthorized use or security breaches. myTop.gift is not liable for any damages or losses resulting from unauthorized use of your account.
Users must be at least 13 years old to register or use the service. Per the Children’s Online Privacy Protection Act (COPPA), accounts for children under 13 should be managed by a parent or guardian.
Access and use of the Site are conditional on your agreement not to:
Post to, or link from the Site anything that:
Further, under no circumstances may you:
Violations may result in injunctive relief, legal action, or liability for all associated costs, including attorney fees.
The Site allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“User Content”). You are solely responsible for the User Content that you post, upload, link to or otherwise make available via the Site, including its legality, reliability, and appropriateness.
By posting any User Content via the Site, you expressly grant, and you represent and warrant that you have a right to grant, to myTop.gift, along with it assigns and licensees, a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, if applicable, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service. You agree that this license includes the right for us to make your User Content available to other users of the Site.
myTop.gift does not pre-screen User Content or Accounts. myTop.gift has the right, but not the obligation, to monitor use of the Site or to review or edit any User Content, but has the right to do so for the purpose of operating the Site; investigating, and enforcing possible violations of these Terms of Use; or to comply with applicable laws or the order or requirements of a court, administrative agency, or other governmental body.
myTop.gift may remove any User Content at any time, with or without cause, with or without notice. Additionally, Company reserves the right to disable access to the Site, or terminate or suspend a Member’s Account, at any time, with or without cause, with or without notice. If myTop.gift terminates or suspends your Account for any reason you will not create another Account or otherwise attempt to access your Account without first receiving myTop.gift express written permission to do so.
Any suspension or termination of your Account or other access to the Site, whether by myTop.gift or you, will not affect your obligations to myTop.gift under these Terms of Use (including, without limitation, proprietary rights and ownership, indemnification, and limitation of liability), which by their sense and context are intended to survive such suspension or termination.
As part of the Site, myTop.gift may provide you with a convenient way to add and follow links to third party website(s) as well as post content or items belonging to or originating from third parties (Collectively known as, “Third Party Sites”).
myTop.gift is not responsible for any Third Party Sites and has no control over Third Party Sites or the promotions, materials, information, goods or services available on such sites. Third Party Sites are not investigated, monitored or checked for accuracy, appropriateness, or completeness by myTop.gift, and their inclusion on the Site does not imply approval or endorsement by myTop.gift. Links to Third Party Sites are provided “as is” and are subject to change or removal at any time.
If you decide to leave the Site and access Third Party Sites you should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site.
myTop.gift takes no responsibility and assumes no liability for any User Content or Third Party Sites that you or any other user or third party posts to or accessed from the Site. Under no circumstances will myTop.gift be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted to or linked from the Site.
The Site and its original content (excluding User Content), features and functionality are and will remain the exclusive property of myTop.gift Corporation and its licensors. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from myTop.gift.
The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of myTop.gift.
Any other trademarks, service marks, logos, trade names, and any other proprietary designations contained on the Service are the sole property of their respective parties.
For contractual purposes, you (a) consent to receive communications from myTop.gift in an electronic form via the email address you submitted; and (b) agree that all Terms of Use, agreements, notices, disclosures, and other communications that myTop.gift provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.
myTop.gift may also use your email address to send you transactional emails which are core to the service such as group invites, reminder emails initiated by others, and password reset emails. myTop.gift may also send other messages, including information about myTop.gift and special offers from the company, its affiliates and partners. You may opt out of these messages by changing your account settings for birthday reminders, using the unsubscribe options at the bottom of the email, or sending an email to info@mytop.gift.
Opting out may prevent you from receiving messages regarding myTop.gift feature updates or special offers from myTop.gift affiliates and partners.
The Site, is provided “as is”, without warranty of any kind. Without limiting the foregoing, myTop.gift expressly disclaims all warranties, whether express, implied or statutory, including without limitation any warranty of merchantability, fitness for a particular purpose, title, security, accuracy and non-infringement. Without limiting the foregoing, myTop.gift makes no warranty or representation that access to or operation of the service will be uninterrupted or error free. You assume full responsibility and risk of loss resulting from your use of files, information, content or other material obtained from the site. Some jurisdictions limit or do not permit disclaimers of warranty, so this provision may not apply to you.
To the extent permitted by applicable law, in no event shall myTop.gift, its affiliates, directors, or employees, or its licensors or partners, be liable to you for any loss of profits, use, or data, or for any incidental, indirect, special, consequential or exemplary damages, however arising, that result from (a) the use, disclosure, or display of your user content; (b) your use or inability to use the service; (c) the service generally or the software or systems that make the service available; or (d) any other interactions with myTop.gift or any other user of the service, whether based on warranty, contract, tort (including negligence) or any other legal theory, and whether or not myTop.gift has been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose. Some jurisdictions limit or do not permit disclaimers of liability, so this provision may not apply to you.
If you have a dispute with one or more users, or with a Third Party Site you accessed via our Site, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
myTop.gift reserves the right to make changes to these Terms of Use (including the referenced privacy policy and DMCA notice) at any time by posting the revised Terms of Use to the Site. It is your responsibility to check the Site from time to time to view any such changes in the Agreement. Your continued use of the Site after the effective date of such changes constitutes your acceptance of such changes. myTop.gift may attempt to place a notice of significant changes to the terms by posting a notice on our homepage and/or sending an email to the email address you provided to us upon registration.
All notices will be deemed made upon being transmitted or posted regardless of the date of receipt by you. If the modified Terms of Use are not acceptable to you, your only recourse is to cease using the Site.
Failure to enforce any provision of these Terms does not constitute a waiver of rights. Legal actions related to these Terms must be initiated within one year of occurrence. Notices to myTop.gift can be directed to: info@mytop.gift.
These Terms of Use form a legal agreement between you and myTop.gift. They apply to all users, whether you are a registered member of the service or a visitor browsing the myTop.gift website or any of its affiliated URLs (collectively referred to as the "Site"). By accessing or using the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use, as well as the following policies incorporated by reference:
- Privacy Policy: Explains how we collect, use, and disclose your personal information.
If you disagree with these Terms of Use, you are not authorized to access or use the Site or its content.
Registration
To use certain features of the Site, you must create an account ("Account"). During registration, you must provide accurate and complete information. If myTop.gift suspects your Account details are inaccurate or incomplete, it reserves the right to suspend or terminate your Account at its sole discretion.
You are responsible for maintaining the security of your Account, including your login credentials. Notify myTop.gift immediately of any unauthorized use or security breaches. myTop.gift is not liable for any damages or losses resulting from unauthorized use of your account.
Children Under 13
Users must be at least 13 years old to register or use the service. Per the Children’s Online Privacy Protection Act (COPPA), accounts for children under 13 should be managed by a parent or guardian.
Use restrictions
Access and use of the Site are conditional on your agreement not to:
- Harass, threaten, or invade another’s privacy;
- Impersonate or misrepresent any affiliation;
- Use the Site for unlawful purposes or to promote illegal activities;
- Post advertising or other solicitations.
- Exploit the Site for commercial purposes.
Post to, or link from the Site anything that:
- infringes the copyright or intellectual property right of others, or rights of publicity or privacy;
- is defamatory, obscene, or pornographic;
- is fraudulent, false, misleading, or deceptive;
- promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
- violates, or encourages any conduct that would violate, any applicable law or regulation, would give rise to civil liability, or otherwise violate these Terms of Use;
Further, under no circumstances may you:
- use, display, mirror, frame, or utilize framing techniques to enclose the Site, or any content or individual element within the Site;
- access, tamper with, or use non-public areas of the Site, myTop.gift computer systems, or the technical delivery systems of myTop.gift providers; attempt to probe, scan, or test the vulnerability of any myTop.gift system or network or breach any security or authentication measures;
- avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by myTop.gift or any of myTop.gift providers or any other third party (including another user) to protect the Site or myTop.gift Content;
- attempt to download myTop.gift Content from the Site through the use of any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, data mining tools, or the like) other than those generally available third party web browsers for general consumer use (such as Microsoft Internet Explorer, Mozilla Firefox, Safari or Opera);
- attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, or its content;
- interfere or attempt to interfere with the proper functioning of the Service;
- not to use this site to collect or harvest personal information about other participants at this site;
- make any automated use of the system, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
- create accounts for the purpose of creating public lists with back links for link farm purposes
- bypass any robot exclusion headers or other measures we take to restrict access to the Service or use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data; or
- encourage or enable any other individual to do any of the foregoing.
Violations may result in injunctive relief, legal action, or liability for all associated costs, including attorney fees.
User Content
The Site allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“User Content”). You are solely responsible for the User Content that you post, upload, link to or otherwise make available via the Site, including its legality, reliability, and appropriateness.
User Content License
By posting any User Content via the Site, you expressly grant, and you represent and warrant that you have a right to grant, to myTop.gift, along with it assigns and licensees, a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, if applicable, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service. You agree that this license includes the right for us to make your User Content available to other users of the Site.
Monitoring and Account Termination
myTop.gift does not pre-screen User Content or Accounts. myTop.gift has the right, but not the obligation, to monitor use of the Site or to review or edit any User Content, but has the right to do so for the purpose of operating the Site; investigating, and enforcing possible violations of these Terms of Use; or to comply with applicable laws or the order or requirements of a court, administrative agency, or other governmental body.
myTop.gift may remove any User Content at any time, with or without cause, with or without notice. Additionally, Company reserves the right to disable access to the Site, or terminate or suspend a Member’s Account, at any time, with or without cause, with or without notice. If myTop.gift terminates or suspends your Account for any reason you will not create another Account or otherwise attempt to access your Account without first receiving myTop.gift express written permission to do so.
Any suspension or termination of your Account or other access to the Site, whether by myTop.gift or you, will not affect your obligations to myTop.gift under these Terms of Use (including, without limitation, proprietary rights and ownership, indemnification, and limitation of liability), which by their sense and context are intended to survive such suspension or termination.
Third Parties
As part of the Site, myTop.gift may provide you with a convenient way to add and follow links to third party website(s) as well as post content or items belonging to or originating from third parties (Collectively known as, “Third Party Sites”).
myTop.gift is not responsible for any Third Party Sites and has no control over Third Party Sites or the promotions, materials, information, goods or services available on such sites. Third Party Sites are not investigated, monitored or checked for accuracy, appropriateness, or completeness by myTop.gift, and their inclusion on the Site does not imply approval or endorsement by myTop.gift. Links to Third Party Sites are provided “as is” and are subject to change or removal at any time.
If you decide to leave the Site and access Third Party Sites you should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site.
myTop.gift takes no responsibility and assumes no liability for any User Content or Third Party Sites that you or any other user or third party posts to or accessed from the Site. Under no circumstances will myTop.gift be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted to or linked from the Site.
Company’s Intellectual Property
The Site and its original content (excluding User Content), features and functionality are and will remain the exclusive property of myTop.gift Corporation and its licensors. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from myTop.gift.
The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of myTop.gift.
Any other trademarks, service marks, logos, trade names, and any other proprietary designations contained on the Service are the sole property of their respective parties.
Electronic Communication Consent
For contractual purposes, you (a) consent to receive communications from myTop.gift in an electronic form via the email address you submitted; and (b) agree that all Terms of Use, agreements, notices, disclosures, and other communications that myTop.gift provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.
myTop.gift may also use your email address to send you transactional emails which are core to the service such as group invites, reminder emails initiated by others, and password reset emails. myTop.gift may also send other messages, including information about myTop.gift and special offers from the company, its affiliates and partners. You may opt out of these messages by changing your account settings for birthday reminders, using the unsubscribe options at the bottom of the email, or sending an email to info@mytop.gift.
Opting out may prevent you from receiving messages regarding myTop.gift feature updates or special offers from myTop.gift affiliates and partners.
Warranty disclaimer
The Site, is provided “as is”, without warranty of any kind. Without limiting the foregoing, myTop.gift expressly disclaims all warranties, whether express, implied or statutory, including without limitation any warranty of merchantability, fitness for a particular purpose, title, security, accuracy and non-infringement. Without limiting the foregoing, myTop.gift makes no warranty or representation that access to or operation of the service will be uninterrupted or error free. You assume full responsibility and risk of loss resulting from your use of files, information, content or other material obtained from the site. Some jurisdictions limit or do not permit disclaimers of warranty, so this provision may not apply to you.
Limitation of damages
To the extent permitted by applicable law, in no event shall myTop.gift, its affiliates, directors, or employees, or its licensors or partners, be liable to you for any loss of profits, use, or data, or for any incidental, indirect, special, consequential or exemplary damages, however arising, that result from (a) the use, disclosure, or display of your user content; (b) your use or inability to use the service; (c) the service generally or the software or systems that make the service available; or (d) any other interactions with myTop.gift or any other user of the service, whether based on warranty, contract, tort (including negligence) or any other legal theory, and whether or not myTop.gift has been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose. Some jurisdictions limit or do not permit disclaimers of liability, so this provision may not apply to you.
If you have a dispute with one or more users, or with a Third Party Site you accessed via our Site, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
Modification of Terms of Use
myTop.gift reserves the right to make changes to these Terms of Use (including the referenced privacy policy and DMCA notice) at any time by posting the revised Terms of Use to the Site. It is your responsibility to check the Site from time to time to view any such changes in the Agreement. Your continued use of the Site after the effective date of such changes constitutes your acceptance of such changes. myTop.gift may attempt to place a notice of significant changes to the terms by posting a notice on our homepage and/or sending an email to the email address you provided to us upon registration.
All notices will be deemed made upon being transmitted or posted regardless of the date of receipt by you. If the modified Terms of Use are not acceptable to you, your only recourse is to cease using the Site.
General Terms
Failure to enforce any provision of these Terms does not constitute a waiver of rights. Legal actions related to these Terms must be initiated within one year of occurrence. Notices to myTop.gift can be directed to: info@mytop.gift.