1

About The Top 100 website.

We (The Top 100 Team) run a service called The Top 100. The Top 100 is a website designed to provide useful information on any subject in order to answer the question, “What is the best …?” It does this by collecting items generated by users, putting those items into lists and collecting user opinions that relate to the position of individual items in lists, as well as to the items themselves. The actions of building lists, adding items, and giving opinions are carried out by the user community itself. The usefulness of the information is provided by The Top 100 application which sorts the items based both on individual and consolidated opinion.

Our service is designed to give you as much control and ownership over what goes on the website as possible and encourage you to express yourself freely. However, be responsible in what you submit. In particular, make sure that none of the prohibited items listed below appear in your submissions (things like spam, viruses, or hate content).

The Top 100 is currently provided as a free-of-charge service.

2

The Top 100 and You.

2.1

The following terms and conditions govern all use of The Top 100 website (the “Website”) and all content, services and products available at or through the Website, collectively called the “Services”). The Services are owned and operated by Project Dennis Ltd. (“Project Dennis”, “The Top 100”), whose principal place of business is at AppleHouse, Aldon Lane, Offham, Kent, ME19 5PH, United Kingdom. The Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, The Top 100’s Privacy Policy and The Top 100’s User Guidelines) and procedures that may be published from time to time on this Site by The Top 100 (collectively, the “Agreement”).

2.2

Please read this Agreement carefully before accessing or using the Services. By accessing or using any part of the website, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any Services. If these terms and conditions are considered an offer by The Top 100, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.

3

Your The Top 100 Account.

3.1

In order to access some features of the Website or other Services, you will have to create a The Top 100 account. When creating your account, you must provide accurate and complete information which must be kept up-to-date. It is important that you must keep your The Top 100 account password secure and confidential.

3.2

You must notify The Top 100 immediately of any breach of security or unauthorised use of your The Top 100 account that you become aware of.

3.3

Your The Top 100 account cannot be transferred and only one The Top 100 account is permitted per person.

3.4

You agree that you will be solely responsible (to The Top 100, and to others) for all activity that occurs under your The Top 100 account.

3.5

Any usernames and aliases held in your The Top 100 account must comply with The Top 100 User Guidelines

4

Responsibility of Contributors.

4.1

The Top 100 hereby grants you permission to access and use the Website and the Services, subject to the following express conditions, and you agree that your failure to adhere to any of these conditions shall constitute a breach of these Terms on your part:

• a) you agree not to distribute any part of or parts of the Website, including but not limited to any User Submissions or List Content (both as defined below), in any medium without The Top 100’s prior written authorisation;
• b) you agree not to alter or modify any part of the Website or any of the Services;
• c) you agree not to access User Submissions or List Content (both defined below) or other content made available on the Website through any technology or means other than the pages of the Website itself, or such other means as The Top 100 may explicitly designate for this purpose;
• d) you agree not to (or attempt to) circumvent, disable or otherwise interfere with any security related features of the Website or features that (i) prevent or restrict use or copying of any User Submissions or List Content or (ii) enforce limitations on use of the Website or the content accessible on the Website;
• e) you agree not to use the Website or any Services for any commercial use, without the prior written authorisation of The Top 100. Prohibited commercial uses shall include, without limitation:
  • i. the resale of access to the Website or any of the Services on another website for the primary purpose of gaining advertising or subscription revenue; and
  • ii. the redistribution of the Services (including any User Submissions or List Content accessible through such Services) for the primary purpose of generating revenue from a substantially similar or comparable business enterprise to that carried on by The Top 100,
  but shall not include (i) uploading original content to The Top 100, and (ii) any use that is expressly authorised by The Top 100 in writing;
• f) you agree not to use or launch any automated system (including, without limitation, any robot, spider or offline reader) that accesses the Website in a manner that sends more request messages to The Top 100 servers in a given period of time than a human can reasonably produce in the same period by using a publicly available, standard (i.e. not modified) web browser;
• g) you agree not to collect or harvest any personal data of any user of the Website or any Service (and agree that this shall be deemed to include The Top 100 account names);
• h) you agree not to use the Website and the Services (including the comments, forums and email features in the Website) for the solicitation of business in the course of trade or in connection with a commercial enterprise;
• i) you agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.

4.2

You agree that you will comply with all of the other provisions of the Terms and The Top 100 User Guidelines at all times during your use of the Services.

4.3

The Top 100 grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. The Top 100 reserves the right to revoke these exceptions either generally or in specific cases.

4.4

The Top 100 is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which The Top 100 provides may change from time to time without prior notice to you.

4.5

As part of this continuing innovation, you acknowledge and agree that The Top 100 may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at The Top 100’s sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform The Top 100 when you stop using the Services.

4.6

You agree that you are solely responsible for (and that The Top 100 has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which The Top 100 may suffer) of any such breach.

5

Your User Submissions.

5.1

As a The Top 100 account holder you may submit content relating to the structure of items and lists ("Design Content"); information about an item, which is held in the items themselves (“Item Content”); your opinion of the position of individual items in lists, or the items themselves, being held either in that item, or other areas in the Website, including, but not limited to, user group areas and community forums ("Opinion Content") (collectively referred to as "User Submissions"). You understand that whether or not such User Submissions are published, The Top 100 does not guarantee any confidentiality with respect to any User Submissions.

5.2

You retain all of your ownership rights in your User Submissions, but you are required to grant limited licence rights to The Top 100 and other Website users. These are described in paragraph 7 of these Terms (Rights you licence).

5.3

You understand and agree that you are solely responsible for your own User Submissions and the consequences of posting or publishing them. The Top 100 does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and The Top 100 expressly disclaims any and all liability in connection with User Submissions.

5.4

You represent and warrant that you have (and will continue to have during your use of the Services) all necessary licenses, rights, consents, and permissions which are required to enable The Top 100 to use your User Submissions for the purposes of the provision of the Services by The Top 100, and otherwise to use your User Submissions in the manner contemplated by the Website and these Terms.

6

Content of your User Submissions.

6.1

You agree that your conduct on the site will comply with (and you agree that the content of all of your User Submissions shall comply with) The Top 100 User Guidelines, as updated from time to time.

6.2

You agree that you will not post or upload any User Submissions which contain content which it is unlawful for you to possess in the country in which you are resident, or which it would be unlawful for The Top 100 to use or possess in connection with the provision of the Services.

6.3

You agree that you will not upload or post any User Submissions that are subject to any third party proprietary rights (including rights of privacy or rights of publicity), unless you have a formal licence or permission from the rightful owner to post the material in question and to grant The Top 100 the licence referred to in paragraph 7.1 below.

6.4

The Top 100 reserves the right (but shall have no obligation) to decide whether User Submissions comply with the content requirements set out in these Terms and may remove such User Submissions and/or terminate a User's access for uploading any User Submission which is in violation of these Terms at any time, without prior notice and at its sole discretion.

6.5

You further understand and acknowledge that in using the Website and the Services, you may be exposed to User Submissions that are factually inaccurate, offensive, indecent, or otherwise objectionable to you. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against The Top 100 with respect to any such User Submissions.

7

Rights you licence.

7.1

When you undertake, upload or post a User Submission to The Top 100, you grant to The Top 100, a worldwide, non-exclusive, royalty-free, transferable licence (with right to sub-licence) to use, reproduce, distribute, prepare derivative works of, display, and perform that User Submission in connection with the provision of the Services and otherwise in connection with the provision of the Website and The Top 100’s business, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels.

7.2

For User Submissions undertaken, uploaded or posted within a user’s own individual account area (termed “My Top 100”), the above licenses granted by you terminate when you remove or delete your User Submissions from the Website.

7.3

For User Submissions which have been submitted for public access on the Website (termed “Global access”), the above licenses granted by you are perpetual and irrevocable, but are otherwise without prejudice to your ownerships rights, which are retained by you as set out in paragraph 5.2 above.

8

Content Posted on Other Websites.

8.1

The Services may include hyperlinks to other web sites that are not owned or controlled by The Top 100. The Top 100 has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites.

8.2

You acknowledge and agree that The Top 100 is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.

8.3

You acknowledge and agree that The Top 100 is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.

8.4

The Top 100 encourages you to be aware when you leave The Top 100 website and to read the terms and conditions and privacy policy of each other website that you visit.

9

Intellectual Property.

9.1

With the exception of User Submissions, all other content on the Website including, without limitation, the text, software, scripts, graphics, photos, sounds, music, videos and interactive features on the Website (the "The Top 100 Content") is either owned by or licensed to The Top 100, and is subject to copyright, trade mark rights, and other intellectual property rights of to The Top 100 or to The Top 100’s licensors. Any third party trade or service marks present on The Top 100 Content are trade or service marks of their respective owners.

9.2

The Top 100 Content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever without the prior written consent of The Top 100, or The Top 100's licensors. The Top 100 reserves all rights not expressly granted in and to The Top 100 Content.

10

Copyright Infringement and Policy.

10.1

As The Top 100 asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by The Top 100 violates your copyright, you are encouraged to notify The Top 100 in accordance with The Top 100’s Copyright Policy. Details of that policy can be found here: Copyright Policy.

10.2

The Top 100 will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of The Top 100 or others, The Top 100 may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, The Top 100 will have no obligation to provide a refund of any amounts previously paid to The Top 100.

11

Changes.

11.1

The Top 100 reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. The Top 100 may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

12

Termination.

12.1

The Terms will continue to apply until terminated by either you or The Top 100 as set out here. If you want to terminate your legal agreement with The Top 100, you may do so by (a) notifying The Top 100 at any time and (b) closing your The Top 100 account. Your notice should be sent, in writing, to The Top 100's address which is set out at the beginning of these Terms.

12.2

The Top 100 may at any time, terminate its legal agreement with you if:

• a) you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or
• b) The Top 100 is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or
• c) The Top 100 is transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the Services; or
• d) the provision of the Services to you by The Top 100 is, in The Top 100’s opinion, no longer commercially viable.

12.3

When these Terms come to an end, all of the legal rights, obligations and liabilities that you and The Top 100 have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 15.6 shall continue to apply to such rights, obligations and liabilities indefinitely.

13

Exclusion of Warranties.

13.1

Nothing in the Terms shall affect any statutory rights which you are always entitled to as a consumer and that you cannot contractually agree to alter or waive. The Services are provided "as is" and The Top 100 makes no warranty or representation to you with respect to them. In particular The Top 100 does not represent or warrant to you that:

• a) your use of the Services will meet your requirements,
• b) your use of the Services will be uninterrupted, timely, secure or free from error,
• c) any information obtained by you as a result of your use of the Services will be accurate or reliable, and
• d) that defects in the operation or functionality of any software provided to you as part of the Services will be corrected.

13.2

No conditions, warranties or other terms (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description) apply to the Services except to the extent that they are expressly set out in the Terms.

14

Limitation of Liability.

14.1

Nothing in these Terms shall exclude or limit The Top 100's liability for losses which may not be lawfully excluded or limited by applicable law.

14.2

Subject to the overall provision in paragraph 14.1 above, The Top 100 shall not be liable to you for:

• a) any indirect or consequential losses which may be incurred by you. This shall include any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, or any loss of data suffered by you;
• b) any loss or damage which may be incurred by you as a result of:
  • i. any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the Services;
  • ii. any changes which The Top 100 may make to the Services, or for any permanent or temporary cessation in the provision of the Services (or any features within the Services);
  • iii. the deletion of, corruption of, or failure to store, any User Submissions and other communications data maintained or transmitted by or through your use of the Services;
  • iv. your failure to provide The Top 100 with accurate account information;
  • v. your failure to keep your password or The Top 100 account details secure and confidential.

14.3

The limitations on The Top 100's liability to you in paragraph 14.2 above shall apply whether or not The Top 100 has been advised of or should have been aware of the possibility of any such losses arising.

15

Miscellaneous.

15.1

The Terms constitute the whole legal agreement between you and The Top 100 and govern your use of the Services and completely replace any prior agreements between you and The Top 100 in relation to the Services.

15.2

You agree that The Top 100 may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on The Top 100 website.

15.3

You agree that if The Top 100 does not exercise or enforce any legal right or remedy which is contained in the Terms (or which The Top 100 has the benefit of under any applicable law), this will not be taken to be a formal waiver of The Top 100's rights and that those rights or remedies will still be available to The Top 100.

15.4

If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.

15.5

You acknowledge and agree that each member of the group of companies of which The Top 100 is a part shall be third party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favour of) them. Other than this, no other person or company shall be a third party beneficiary of the Terms.

15.6

The Terms, and your relationship with The Top 100 under the Terms, shall be governed by English law. You and The Top 100 agree to submit to the exclusive jurisdiction of the courts of England to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that The Top 100 shall still be allowed to apply for injunctive remedies (or other equivalent types of urgent legal remedy) in any jurisdiction.