1. Terms of Use
Please carefully review the following terms of service (“Terms of Service”) outlined below as they govern your access to and use of our services, including our various websites, APIs, email notifications, applications buttons, and widgets (“Services”), as well as any information, text, graphics, photos, or other materials uploaded, downloaded, or appearing on the Services (collectively referred to as “Content”). Your utilization of the Services indicates your acceptance of these Terms of Service and your agreement to be bound by them, as well as any other applicable terms referenced herein, without reservation.
2. Other Applicable Terms
2.1. These Terms of Service incorporate additional terms outlined in our Privacy Policy Statement, which also pertain to your usage of our Services.
2.2. Our Privacy Policy Statement delineates the terms governing the processing of any personal data we collect from you or that you provide to us. By using our Services, you consent to such processing and affirm that all data provided by you is accurate. Through your use of the Services, you acknowledge your consent to the collection and utilization (as outlined in the Privacy Policy) of this information, including its transfer both within and outside of Hong Kong for storage, processing, and use by us. As part of our service provision, certain communications, such as service announcements and administrative messages, may be necessary, and these communications are considered integral to the Services and your account, from which you may not opt-out.
3. Information About Us
The Services are provided and operated by https://top10altbrands.com/.
4. Changes of Terms
We reserve the right to amend the Terms of Service at our sole discretion from time to time without notice or liability to you. By continuing to use the Services following such amendments, you agree to be bound by them.
5. Changes to Our Services
5.1. The Services we offer are subject to continuous evolution, and the form and nature thereof may change periodically without prior notice. Additionally, we reserve the right to cease (permanently or temporarily) providing certain Services or features thereof to you or users generally without prior notice, and we retain the discretion to impose limits on usage and storage at any time without prior notification.
5.2. We make no representations, warranties, or guarantees, whether express or implied, regarding the accuracy, completeness, or timeliness of our Services or any content on our site.
6. Accessing Our Services
6.1. Our Services are provided free of charge.
6.2. We do not warrant that our Services, or any content therein, will always be available or uninterrupted. Access to our Services is permitted on a temporary basis, and we may suspend, withdraw, discontinue, or modify all or part of our Services without notice. We shall not be liable to you for any unavailability of our Services at any time or for any duration.
6.3. You are responsible for ensuring that you have the necessary arrangements in place to access our Services.
6.4. It is also your responsibility to ensure that all individuals accessing our Services through your internet connection are aware of and comply with these Terms of Service and other applicable terms and conditions.
7. Your Account and Password
7.1. You are responsible for safeguarding the password used to access the Services and for all activities or actions undertaken under your password. We recommend the use of strong passwords and insist on the confidentiality of such information. Any failure to comply with these measures is at your own risk, and we shall not be liable for any resulting loss or damage.
7.2. We reserve the right to disable any password, whether chosen by you or allocated by us, at any time if, in our reasonable opinion, you have failed to comply with any provisions of these Terms of Service.
8. Your License to Use the Services
We grant you a personal, worldwide, royalty-free, non-assignable, and non-exclusive license to utilize the software provided as part of the Services for the sole purpose of enabling you to enjoy the benefits of the Services as provided by us and in accordance with these Terms of Service.
9. Our Intellectual Property Rights
9.1. All intellectual property rights pertaining to the Services belong to us or have been lawfully licensed to us for use in connection with the Services. All rights under applicable laws are reserved. You are prohibited from uploading, posting, publishing, reproducing, transmitting, or distributing any component of the website itself or creating derivative works thereof, as the website is copyrighted under applicable laws.
9.2. By providing us with any ideas, concepts, know-how, proposals, suggestions, comments, or other communications and information (collectively referred to as “Feedback”), you agree that we are free to use, disclose, adopt, and modify such Feedback in connection with the Services and/or your use of the Services without any obligation to provide compensation to you. You hereby waive any rights or claims for consideration, fees, royalties, charges, or other payments in relation to our use, disclosure, adoption, and/or modification of your Feedback.
10. Your Rights
10.1. You retain all rights to any Content you submit, post, or display on or through the Services. By submitting, posting, or displaying Content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute such Content in any and all media or distribution methods (now known or later developed).
10.2. This license includes the right for us to provide, promote, and improve the Services and to make Content submitted to or through the Services available to other companies, organizations, or individuals who partner with us for the syndication, broadcast, distribution, or publication of such Content on other media and services, subject to our terms and conditions for such Content use.
10.3. Any additional uses by us or other companies, organizations, or individuals who partner with us may be made without compensation to you with respect to the Content that you submit, post, transmit, or otherwise make available through the Services.
10.4. We may modify or adapt your Content to transmit, display, or distribute it over computer networks and various media, or make changes to your Content as necessary to conform and adapt it to any requirements or limitations of networks, devices, services, or media.
10.5. You are responsible for your use of the Services, any Content you provide, and any consequences thereof, including the use of your Content by other users and our third-party partners. You represent and warrant that you have all the necessary rights, power, and authority to grant the rights granted herein to any Content that you submit.
11. Limited Liability and Warranty
Please carefully read this section as it limits the liability of us and its affiliates, officers, directors, employees, agents, representatives, partners, and licensors. Each subsection below applies up to the maximum extent permitted under applicable law. Some jurisdictions may not allow the disclaimer of implied warranties or the limitation of liability in contracts, and therefore, the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which cannot be lawfully limited.
11.1. Your access to and use of our Services is at your sole risk and is provided on an “as is,” “as available” basis. The Services are for your personal use only, and we make no representation or warranty of any kind, express or implied, including, without limitation, any warranties of merchantability or fitness for a particular purpose, or non-infringement.
11.2. The entire liability of us and your exclusive remedy with respect to the Services or otherwise is the re-performance of defective Services. In jurisdictions where the exclusion or limitation of certain types of liability is not permitted, our liability will be limited to the maximum extent permitted by law. We do not endorse, warrant, or guarantee any material, product, or service offered through us or our Services. We are not and will not be a party to any transaction between you and any third party.
11.3. In no event shall the aggregate liability of us exceed one thousand Hong Kong dollars (HKD 1,000).
11.4. We do not guarantee or assume any responsibility that:
(a) the information presented in our Services is accurate, adequate, current, or reliable, or may be used for any purpose other than for general reference;
(b) the information presented in our Services is free of defect, error, omission, virus, or anything that may change, erase, add to, or damage your software, data, or equipment;
(c) messages sent through the internet, including in connection with the services, will be free from interception, corruption, error, delay, or loss;
(d) access to the Services will be available or uninterrupted;
(e) use of the Services will achieve any particular result; or
(f) defects in the Services will be corrected.
11.5. Without limiting the generality of the foregoing, in no event will we be liable to you or any other person for any direct, indirect, incidental, special, punitive, or consequential loss or damages, including any loss of business or profit, arising out of any use or inability to use the information or the services, even if we have been advised of the possibility of such loss or damages.
11.6. You will exercise and rely solely on your own skill and judgment in your use and interpretation of the information and use of the services. You are responsible for ensuring that your use of the information and the Services complies with all applicable legal requirements.
11.7. Without prejudice to the foregoing, if your use of the Services does not proceed satisfactorily and/or where applicable you do not receive appropriate responses to such use from us, as set out in these Terms of Service or otherwise, you are advised to contact us at [email protected]. No such lack of response shall be deemed to constitute any acquiescence or waiver.
11.8. The limitation of liability contained in these Terms of Service will apply to the fullest extent permitted by applicable laws.
Content on the Services
12.1. All content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such content.
12.2. You warrant that any such contribution complies with those standards, and you will be liable to us and indemnify us for any breach of that warranty and you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
12.3. Any content you upload to our site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute, and disclose to third parties any such content for any purpose. We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights or their right to privacy. We will not be responsible or liable to any third party for the content or accuracy of any content posted by you or any other user of our site.
12.4. The views expressed by other users on our site do not represent our views or values. We maintain the right to remove any posting you make on our site if, in our opinion, your post does not comply with our content standards. We do not endorse, support, represent, or guarantee the completeness, truthfulness, accuracy, or reliability of any content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to content that might be offensive, harmful, inaccurate, or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will we be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Services or broadcast elsewhere.
12.5. We may not monitor or control the content posted via the Services, and we cannot take responsibility for such content. Any use or reliance on any content or materials posted via the Services or obtained by you through the Services is at your own risk.
13. Content Copyright Policy
13.1. We respect the intellectual property rights of others and expect users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be 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; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and that you are authorized to act on behalf of the copyright owner.
13.2. We reserve the right to remove content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, we will also terminate a user’s account if the user is determined to be a repeat infringer.
14. Use of the Services
14.1. We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any content on the Services, to suspend or terminate users, and to reclaim usernames without liability to you. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms of Service, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of our users and the public.
14.2. We do not guarantee that our Services will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programs and platform to access our site. You should use your own virus protection software.
14.3. You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, our computer systems, or the technical delivery systems of our providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by us (and only pursuant to those terms and conditions), (scraping the Services without our prior consent is expressly prohibited); (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive, or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host, or network, including, without limitation, sending a virus, trojan, worm, logic bomb or other material which is malicious or technologically harmful, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of content in such a manner as to interfere with or create an undue burden on the Services.
14.4. We will report any such breach to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Services will cease immediately.
15. Linking to Us
You may link to our Services provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists. You must not establish a link to our Services on any website that is not owned by you. We reserve the right to withdraw linking permission without notice.
16. Third-Party Links and Resources on Our Site
16.1. The links from the Services may take you to other sites or services, and you acknowledge and agree that we have no responsibility for the accuracy or availability of any information provided by third-party services and websites.
16.2. The Services may include advertisements, which may be targeted to the content or information on the Services, queries made through the Services, or other information. The types and extent of advertising by us on the Services are subject to change. In consideration for us granting you access to and use of the Services, you agree that we and its third-party providers and partners may place such advertising on the Services or in connection with the display of content or information from the Services, whether submitted by you or others.
16.3. Links to other websites and services do not constitute an endorsement by us of such websites or services, or the information, products, advertising, or other materials made available by such third parties.
17. Indemnity
You agree to defend, indemnify, and hold us harmless from and against all liabilities, damages, claims, actions, costs, and expenses (including without limitation legal fees) in connection with or arising from your breach of any of these Terms of Service and/or your use of the website. We may, if necessary, participate in the defense of any claim or action and any negotiations for settlement. No settlement which may adversely affect our rights or obligations shall be made without our prior written approval. We reserve the right, at our own expense and on notice to you, to assume exclusive defense and control of any claim or action.
18. Severance
The illegality, invalidity, or unenforceability of any provision of these Terms of Service under the law of any jurisdiction shall not affect its legality, validity, or enforceability under the laws of any other jurisdiction nor the legality, validity, or enforceability of any other provision.
19. Several Users
If there are two or more persons adhering to these Terms of Service as users, their liability under the Terms of Service is joint and several, and their rights are joint.
20. Waiver
No failure or delay by a party to exercise any right or remedy provided under this agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
21. Termination
21.1. The Terms of Service will continue to apply until terminated by either you or us as follows.
21.2. You may end your agreement with us at any time for any reason by deactivating your accounts and discontinuing your use of the Services. You do not need to specifically inform us when you stop using the Services.
21.3. We may suspend or terminate your accounts or cease providing you with all or part of the Services at any time for any reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms of Service or (ii) you create risk or possible legal exposure for us; or (iii) our provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or the next time you attempt to access your account.
21.4. In all such cases, any provision of these Terms of Service that expressly or by implication is intended to come into or continue in force on or after termination of this agreement shall remain in full force and effect.
21.5. Nothing in this section shall affect our rights to change, limit, or stop the provision of the Services without prior notice, as provided above in Clause 5 Changes to Our Services.
Governing Law and Jurisdiction
These Terms of Service shall be governed by the laws of Singapore. You agree to submit to the exclusive jurisdiction of the Singapore courts.
Last Updated: 02.22.2024