Please read these Terms carefully before starting to use the Site. By using or accessing our Site or any part of it, you indicate and acknowledge that you accept these Terms and that you agree to abide by them. If you do not agree to these Terms, then please refrain from using our Site. You are prohibited from using the Site without agreeing to these Terms.
If you are not old enough to enter into contracts in your state (i.e., you are “underage” or a "minor"), you need to review these Terms with your parent(s) or guardian(s) before using this Site. If your parent(s) or guardian(s) do not agree to be bound by these Terms as applied or pertaining to you, then you are not authorized to access or use this Site for any purpose.
We reserve the right, at our discretion, to change, modify, add, or remove portions of these Terms at any time. Please periodically review the Terms posted on this Site for changes and updates. Your continued use of this Site will mean that you accept all such changes and updates. We intend to update the Site frequently, and might change the content at any time. If the need arises, we may suspend access to the Site or close it indefinitely. Any material on the Site might be out of date at any given time, and we are under no obligation to update such material. Any rights and privileges not expressly granted or addressed in these Terms are reserved exclusively to TOP.
* Limited-Time Choreography Licenses Only
Subject to the provisions in the Terms, TOP grants you a non-exclusive, non-transferable, limited license to access, view, use and display the Site and Site Content on your computer or other Internet-capable device, provided that you comply fully with these Terms. Upon purchase of any instructional choreography in whatever form, the ONLY performance license TOP will grant to you under any circumstances is a license to use, adapt or incorporate the CHOREOGRAPHY and its notation as presented, demonstrated, recorded or performed on or through the website, and only for the length of time specified on the Site upon your purchase of such limited license. The limited choreography license does not satisfy or fulfill any other obligation you might have to obtain other licenses pertaining to any other aspect of a theatrical performance, such as the script, music or other related intellectual property.
We reserve the right to deny any application for such choreography licenses or requests for purchases at our sole discretion. In addition, we reserve the right to terminate any user's account with TOP at any time for any reason.
In order to access or use certain services or features on the Site, you might need to create an account on the Site and submit certain personal and/or demographic information. When creating your account, you agree to provide only true, accurate, current and complete information, and you accept all responsibility and costs for all activities that occur under your account or password, whether authorized by you or not, unless we in our discretion determine conclusively that your account was hacked by a third party with no relationship to you and without any assistance, whether inadvertent or otherwise, from you. You should not sell, transfer nor assign your account or allow others to use it, and you are responsible for maintaining the confidentiality of your user name and password. TOP reserves the right, in its sole discretion and without notice to you, to terminate your account and/or to restrict your access to all or part of the Site for any reason, including without limitation for extended periods of inactivity.
TOP DOES NOT PRE-SCREEN OR APPROVE USER PROFILES, AND CANNOT GUARANTEE THAT A USER PROFILE WAS ACTUALLY CREATED OR IS BEING OPERATED BY THE INDIVIDUAL OR ENTITY THAT IS THE SUBJECT OF THE PROFILE. TOP IS NOT RESPONSIBLE FOR THE CONTENT OF ANY USER PROFILE, OR ANY TRANSACTIONS ENTERED INTO OR OTHER ACTIONS TAKEN ON OR IN CONNECTION WITH ANY SUCH PROFILE, INCLUDING HOW THE OWNER OF THE PROFILE COLLECTS, HANDLES, USES AND/OR SHARES ANY PERSONAL INFORMATION SUCH OWNER MAY COLLECT FROM USERS. YOU SHOULD BE CAREFUL BEFORE PROVIDING ANY PERSONAL INFORMATION TO OR ENTERING INTO ANY TRANSACTION IN CONNECTION WITH THE SITE.
As between you and TOP, TOP owns, solely and exclusively, all rights, title and interest in and to the Site, all the content, software, data and every other thing available on or through the Site, (collectively, the "Site Content"), the look and feel, design and organization of the Site, and the compilation of the Site Content thereon, including but not limited to any copyrights, trademark rights, patent rights and other intellectual property and proprietary rights therein. Your use of the Site does not grant to you ownership or title of, in or to the Site, any Site Content or any other part of the Site.
The trademarks, logos, service marks and trade names (collectively the "Trademarks") that might be displayed on the Site or in any Site Content are registered and unregistered Trademarks of ours and other third parties and may not be used unless expressly authorized by the Trademark owner. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site unless you have received the express prior written permission of TOP or the other applicable rights holder.
While accessing or using the Site, the Site Content and the various other features available on the Site, in addition to any other supplementary terms and conditions that may be posted or otherwise made available on the Site, you agree that you shall not:
· impersonate any person or entity or misrepresent your affiliation with any other person or entity;
· insert your own or a third party's advertising, branding or other promotional content (including, without limitation, hyperlinks) into any of the Site Content or services on the Site (including, for example and without limitation, in an RSS feed or podcast received from TOP or otherwise through the Site), or into any of your materials that you submit or attempt to submit on the Site;
· use, redistribute, republish or exploit any part of the Site or any Site Content for any commercial or promotional purposes, or contact any other user of the Site for commercial or promotional purposes, or offer to buy or sell any product or service on or through your activities on the Site apart from purchases from TOP;
· alter, edit, delete, remove, fail to display, otherwise change the meaning or appearance of, or repurpose any of the Site Content, including any trademarks, trade names, logos, service marks, promotional taglines, or any other proprietary content or proprietary rights notices included therein or thereon;
· obtain or attempt to gain unauthorized access to other computer systems, materials, information or any services available on or through the Site through any means, including through means not intentionally made publicly available or provided for through the Site;
· engage in spidering, "screen scraping," "database scraping," harvesting of e-mail addresses or other personal information, or any other automatic or unauthorized means of accessing, logging-in or registering on the Site, or obtaining lists of users or other information from or through the Site, including, without limitation, any information residing on any server or database connected to the Site;
· use any robot, spider, other automatic device or manual process to monitor or copy any web pages or Site content or use any network-monitoring software to determine the architecture of extract usage date from our Site or service;
· use the Site or its features and services in any manner that could interrupt, damage, disable, overburden or impair the Site or interfere with any other party's use and enjoyment of the Site, such as sending mass unsolicited messages or "flooding" servers with requests;
· circumvent, reverse engineer, decrypt, or otherwise alter, damage, disrupt or interfere with (or attempt, encourage or support anyone else's attempt to do any of the foregoing) the Site or its services, equipment, servers, or network, or any software on the Site;
· take any action that would constitute or could be interpreted as an endorsement or sponsorship by TOP of any third party site, content, information or other materials, or in any manner that would violate the terms and conditions of any such third party sites;
· upload, post, transmit, distribute or otherwise publish to, on or through the Site, any information or materials which are false, fraudulent, misleading, unlawful, threatening, abusive, harassing, hateful, racially, ethnically or otherwise objectionable, degrading, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, including without limitation, any material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law, regulation, ordinance, etc.;
· use the Site or the Site Content to, or in any other manner, violate, plagiarize or infringe the rights of third parties, including without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or rights of publicity or any other proprietary or legal right;
· upload, post, publish, distribute or otherwise transmit any information or material which constitutes or contains a virus, spyware, or other harmful component, or which contains any embedded links, advertising, chain letters or pyramid schemes of any kind; or
· use the Site or any Site Content, in whole or in part, in violation of any applicable law or in any attempt to harm any individual or entity.
It is possible that the Site at some point might include certain features that allow users to interact and communicate with each other and/or with the general public (such as messaging services, chat services, wikis, bulletin boards, message boards, blogs and other similar forums, areas and services) (collectively, the "Forums"). All of these Terms (as well as any other applicable, supplementary terms and conditions posted or otherwise made available in connection with particular features or services on the Site), are applicable to your use of the Forums. It is important to remember that content uploaded to a Forum may be recorded and stored in multiple places, both on the Site and elsewhere on the Internet, and you may have no control over who will access or view them eventually. Therefore, you should be careful and selective about the information and content that you choose to disclose in such Forums and on the Site in general about yourself and others, and in particular, you should not disclose any sensitive, personally identifiable, proprietary or confidential information or content in your submissions to the Forums.
Right to Monitor and Editorial Control
TOP reserves the right (but does not have nor assume any obligation) to monitor and/or review all information and materials posted or otherwise submitted to the Site (including, without limitation, the Forums). TOP is not responsible for any such materials. TOP is not the publisher of user posts, and is not responsible for their accuracy or legality. However, TOP reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in TOP's sole discretion, are objectionable or in violation of these Terms, TOP's policies or applicable law. TOP may also impose limits on certain features or restrict your access to part or all of the Site, without notice or penalty, if TOP believes you are in breach of these Terms or applicable law, or for any other reason without notice or liability.
You also understand and agree that any action or inaction by us or any of our directors, officers, stockholders, employees, consultants, agents or representatives (collectively, "Our Representatives") to prevent, restrict, redress or regulate content, or to implement other enforcement measures against any content, conduct or potential violation of these Terms is undertaken voluntarily and in good faith, and you expressly agree that neither we nor any of Our Representative shall be liable to you or anyone else for any action or inaction to prevent, restrict, redress, or regulate content, or to implement other enforcement measures against any particular Site user, content, conduct or actual or potential violation of these Terms.
Orders for Products and Services
We may invite you to make an offer or submit a purchase order to acquire certain products and services for purchase from the Site. You may only make or submit such offers or purchase orders for products or services if, and you hereby represent and warrant that, you are domiciled in the United States and you are at least 18 (eighteen) years old (or at least the age of majority in your jurisdiction). If we accept your offer or purchase order, you agree to pay in full the prices for any purchases you make either by valid credit/debit card concurrent with your online order or by other payment means acceptable to TOP. You agree to pay all applicable taxes. If payment is not received by us from your valid credit or debit card issuer or its agents, you agree to pay all amounts, including reasonable interest and fees, due upon demand by us. Certain products and services that you may be able to purchase or download on or through the Site may be subject to additional terms and conditions presented to you at the time of such purchase or download.
Linking to the Site
You agree that, without the prior express permission of TOP: (a) if you include a link from any other web site to the Site, such link shall open in a new browser window; (b) you are not permitted to link directly to any image hosted on the Site, such as using an "in-line" linking method to cause the image hosted by us to be displayed on another web site; and (c) you may not link from any other web site to the Site in any manner such that the Site, or any page of the Site, is "framed," surrounded or obfuscated by any third party content, materials or branding. The posting or creation of a link to any the Site signifies that you have read the restrictions described herein and agree to abide by their terms. TOP may, in its sole discretion, insist that any link to the Site be discontinued, and TOP may revoke your right to link to the Site from any other web site at any time upon written notice to you.
Third Party Web Sites
Class Action Waiver
YOU AND WE AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND WE SPECIFICALLY AGREE OTHERWISE, THE COURT OR ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE COURT OR ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER SITE USERS.
If any clause within this Section (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Section, and the remainder of this Section will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Section will be unenforceable, the Dispute will be decided by a court, and you and we each agree to waive in that instance, to the fullest extent allowed by law, any trial by jury.
Disclaimers of All Warranties
THE SITE, INCLUDING BUT NOT LIMITED TO ALL SERVICES, FORUMS, CONTENT, FUNCTIONS, DOWNLOADS AND MATERIALS, ARE PROVIDED "AS IS," "AS AVAILABLE," WITHOUT WARRANTY OR GUARANTEE OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, CORRECTNESS, PRECISION, THOROUGHNESS, COMPLETENESS OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TOP HEREBY DISCLAIMS ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. TOP DOES NOT WARRANT THAT THE SITE, THE SERVICES, THE FORUMS OR THE SITE CONTENT WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED IN A TIMELY MANNER OR AT ALL. TOP MAKES NO WARRANTY THAT THE SITE, IN WHOLE OR IN PART, WILL MEET USERS' REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TOP, OR FROM OR THROUGH THE SITE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. TOP ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE OR YOUR DOWNLOADING OR UPLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SITE. IF YOU ARE DISSATISFIED WITH THE SITE, YOU SHOULD DISCONTINUE USING THE SITE. TOP DOES NOT NECESSARILY ENDORSE, SUPPORT, SANCTION, ENCOURAGE OR AGREE WITH ANY SITE CONTENT OR ANY UPLOADED MATERIALS, OR ANY OPINION, RECOMMENDATION, CONTENT, LINK, DATA OR ADVICE EXPRESSED OR IMPLIED THEREIN, AND TOP EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY IN CONNECTION WITH ANY UPLOADED MATERIALS AND ANY OTHER CONTENT, MATERIALS OR INFORMATION AVAILABLE ON OR THROUGH THE SITE CREATED OR PROVIDED BY USERS OR OTHER THIRD PARTIES. USE OF THE SITE, CREATION OF AN ACCOUNT OR THE SUBMISSION OF ANY MATERIALS OF ANY KIND DOES NOT ENSURE ACCEPTANCE OR USE.
IN ADDITION, TOP AND ITS AFFILIATES, SUPPLIERS AND LICENSORS MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES ORDERED OR PROVIDED VIA THE SITE, AND HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT OR SERVICES LITERATURE, ANSWERS TO FREQUENTLY ASKED QUESTIONS AND OTHERWISE ON THE SITE OR IN CORRESPONDENCE WITH TOP OR ITS AGENTS. ANY PRODUCTS AND SERVICES ORDERED OR PROVIDED VIA THE SITE ARE PROVIDED BY TOP (OR ITS LICENSORS OR THIRD PARTY PROVIDERS OR SUPPLIERS) "AS IS", EXCEPT TO THE EXTENT, IF AT ALL, OTHERWISE SET FORTH IN A LIMITED-TIME, CHOREOGRAPHY LICENSE OR OTHER AGREEMENT SEPARATELY ENTERED INTO IN WRITING BETWEEN YOU AND TOP OR ITS LICENSOR OR SUPPLIER.
IF YOU PURCHASE A PRODUCT OR SERVICE FROM A THIRD PARTY AFTER FOLLOWING AN AD OR LINK ON OUR SITE, THE TERMS OF SALE FOR SUCH PURCHASE ARE BETWEEN YOU AND THE THIRD PARTY FROM WHOM YOU MADE THE PURCHASE. WE ARE NOT RESPONSIBLE FOR SUCH THIRD PARTY PRODUCTS OR SERVICES OR FOR DISPUTES BETWEEN YOU AND THEIR SELLERS.
THESE DISCLAIMERS APPLY TO US AND OUR AFFILIATED AND RELATED COMPANIES AS WELL AS THIRD PARTIES THAT ARE INVOLVED IN THE CREATION, PRODUCTION OR DISTRIBUTION OF THE SITE, AND ANY OF THEIR EMPLOYEES AND AGENTS.
Limitation of Liability
IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL TOP, OR ANY OF ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, MEMBERS, MANAGERS, AGENTS OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE "PROTECTED ENTITIES") BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS AND FUNCTIONS OF OR RELATED THERETO, YOUR PROVISION OF INFORMATION OR CONTENT VIA THE SITE, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE PROTECTED ENTITIES BE RESPONSIBLE OR LIABLE FOR OR IN CONNECTION WITH ANY DISPUTE BETWEEN OR AMONGST USERS OF THE SITE, OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SITE. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THESE TERMS OR YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE, THE GREATER OF (1) THE AMOUNT(S), IF ANY, PAID BY YOU TO TOP FOR YOUR USE OF THE SITE AND FOR THE PURCHASE OF ANY GOODS OR SERVICES, OR (2) FIFTY DOLLARS ($50). ALL USERS OF THIS SITE UNDERSTAND AND AGREE THAT (A) THE MUTUAL AGREEMENTS MADE IN THIS SECTION REFLECT A REASONABLE ALLOCATION OF RISK, AND (B) THE PARTIES HERETO WOULD NOT HAVE ENTERED INTO THESE TERMS WITHOUT THESE LIMITATIONS ON LIABILITY.
The Site is intended for users who are located in the United States of America. TOP does not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access the Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. Software from the Site is further subject to United States export controls. No software from the Site may be downloaded or otherwise exported or re-exported (i) into or to a national or resident of any country to which the United States has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders; or (iii) in any other manner that violates U.S. law. By downloading or using any such software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
Termination; Account Deactivation
TOP may terminate, change, suspend or discontinue any aspect of the Site at any time. TOP may restrict, suspend or terminate your access to the Site, to any Site Content and/or its services if we believe you are in breach of these Terms or applicable law, or for any other reason without notice or liability. TOP maintains a policy that provides for the termination in appropriate circumstances of the Site use privileges of users who are repeat infringers of intellectual property rights. Users who wish to deactivate their Site account should contact a Site administrator.
The communications between you and us via this Site use electronic means, whether you visit this Site or send us an email, or whether we post notices on this Site or communicate with you via email. For contractual purposes, you consent to receive communications from us in an electronic form, and you agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide 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.
Governing Law, Dispute Venue and Waiver of Jury Trial
These Terms and the relationship between you and TOP shall be governed by the laws of the United States and the State of Florida without regard to its conflict of law provisions. You agree that any cause of action that may arise under these Terms shall be commenced and be heard in the appropriate court in the State of Florida, County of St. Johns. You agree to submit to the personal and exclusive jurisdiction of the courts located within St. Johns County in the State of Florida. To the extent allowed by law, all parties waive any right to trial by jury in any lawsuit or dispute.
TOP's failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. These Terms, together with any documents incorporated herein, as well as all other policies, guidelines and procedures published by TOP on the Site, contain the entire understanding and supersedes all prior understandings or agreements between us with respect to your use of the Site. In its discretion, TOP will determine whether there has been a breach of these Terms. In case of a breach, TOP may take such action as it reasonably deems appropriate, such as withdrawing your access to use the Site, instituting legal proceedings or contacting the appropriate law enforcement authorities, if applicable in the case of suspected criminal conduct. In any dispute, all parties agree that no weight or import shall be given to the fact that these Terms were drafted by or for TOP. All parties voluntarily agree to all these Terms and intend to benefit and obligate themselves as stated herein.
You agree for all performances of any kind and in all related publicity materials, promotional publications and advertisements to give the TOP professional choreographer billing credit on the same page and at least equal in prominence, font/typeface size, color, boldness, etc. (“prominence”) to all of the other play/musical authors, lyricists, composers, and local choreographers, if any, on all programs, souvenir programs, posters, house boards, advertisements, publicity materials and displays of any kind (“credits”).
Acceptable forms of billing, are as follows, depending on whether the licensed instructional choreography originated as indicated from a performance on Broadway or in a national or international tour of the play/musical:
“Original Broadway Choreography by _____________________.”
“The Original Production Choreography by ______________________.”
In Compliance with the European Union’s General Data Protection Regulation (“GDPR”)
1. Responsible Party for the Personal Information we collect: For purposes of the GDPR, The Original Production, LLC, also D/B/A TOP Theatre (“TOP”) is the “data controller” regarding the personal information that we collect and use as part of our business activities. TOP is considered the data controller, because TOP determines the purpose and manner in which your personal information is used.
3. Sensitive or Special Categories of Information: Some countries consider some personal information particularly sensitive or special. TOP only collects this data when voluntarily given by the individual. TOP does not share this information with third parties for direct marketing purposes. Such information might include birthdate, ethnicity, nationality, gender and other demographic information.
4. Website Usage Information: TOP collects information when you provide it to us, such as when you use the “contact us” feature on the website or otherwise communicate with TOP, such as by e-mail or via our social media pages. TOP also automatically collects certain information when you use the website. Such information includes the IP addresses and domain names of visitors, browser type, history of pages viewed and other usage information about your use of the website. We collect this information for site administration purposes, such as to analyze this data for trends and statistics. We may share statistical or aggregated non-personal information about our users with advertisers, business partners, sponsors and other third parties. This data is used to customize our website content and advertising to deliver a better web experience to our users. Please see the additional information below regarding cookies.
5. How Personal Information is Obtained: As noted above, we collect information from you in the course of your use of the TOP website, products and services. For example, we collect information from you when contact us or communicate with us in any manner. We also collect personal information while monitoring the TOP website, products and services. We also gather information when you provide it to us or interact with us. We may also in certain cases collect or receive information about you from other sources, such as from an administrative user in your organization who helps you and us to resolve technical support problems or to administer your user profile, account or account profile.
6. How Personal Information is Used: TOP collects personal information for the principal purposes of providing the TOP website to you; providing you with benefits, products or services that you requested, as well as related information about those benefits, products and services; communicating with you responding to questions you have raised with us; administering and improving the website; processing your payment for TOP services and products; sending you, or for our third party partners sending you information about products, services and events that might be of interest to you based on your indicated preferences; preventing and detecting fraud; and protecting and enforcing our legal rights. The legal basis, as set out in the GDPR, that we rely on to justify the use of your personal information is that the information is needed and useful for our legitimate business purposes, such as the operation and maintenance of the website, the provision of TOP’s products and services, and the compliance with applicable legal obligations.
7. How Personal Information is Shared: TOP reserves the right to disclose and/or transfer personal information to a third party, if TOP has reason to believe that disclosing personal information is necessary to identify, contact or bring legal action against someone who might be intentionally or unintentionally causing injury to or interference with our other website users, our rights or property, or anyone else who could be harmed by such activities. Additionally, TOP may disclose personal information in response to a subpoena, warrant or other court order, or when we believe in good faith that a law, regulation, subpoena, warrant or other court order requires it or authorizes us to do so, or to respond to any emergency situation. TOP reserves the right to disclose and/or transfer personal information to a third party in the event of a proposed or actual purchase, sale (including liquidation, realization, foreclosure or repossession), lease, merger, etc. or any other type of acquisition, disposal, transfer, conveyance or financing of all or any portion of TOP, or any of the business of TOP or an affiliate thereof, in order for you to continue to receive the same products and services from the third party. TOP may also share information with its affiliated entities, lawyers, consultants, accountants, and advisers who assist TOP in any way in carrying out its business activities.
8. Privacy Obligations of Third Party Contractors: If TOP ever transfers or shares any of your personal information for business purposes with a third party, such as a data processor or to any agents or subcontractors, TOP shall take steps to ensure that any such third party accepts and agrees to the obligation of maintaining the confidentiality of such information and using it only for appropriate purposes according to the applicable requirements of the GDPR. TOP and its agents and subcontractors shall implement reasonable and appropriate technical and organizational measures to protect your user data from accidental or unlawful destruction, loss, alteration or disclosure. The Data Controller shall take appropriate steps to comply with GDPR rules with respect to contracting and doing business with any third party data processors regarding your personal information.
9. Where Personal Information is Stored or Transferred: TOP is a limited liability company based in the United States. As such, all data and information collected by TOP is received in, transferred to and/or stored in the United States. TOP also might allow your personal information to be shared with TOP’s related entities or third-party service providers based both in the United States and in other countries. This could involve a transfer of your information from a location within the EU to a location outside the EU, or vice versa. Continuing to use or to access the TOP website constitutes your consent to such receipt, transfer and/or storage of your user data and information in the United States and in other locations outside the EU.
10. Right of Access to Your Personal Information: You have the right to receive a copy of your personal information that TOP holds about you, subject to certain exemptions. TOP might require further information in order to respond to your request, such as evidence of your identity and details to enable us to locate the specific personal information you require.
11. Right to Correct Your Personal Information: You have the right to ask us to correct your personal information that we hold if such information is incorrect or incomplete.
12. Right to Erase Your Personal Information: You have the right to ask that your personal information be deleted in certain circumstances. For example, if your personal information is no longer necessary regarding the purposes for which it was collected or otherwise used; or if you withdraw your consent and there is no other legal ground on which we rely for the continued use of your personal information; or if you object to the use of your personal information as set out below; or if we have been proved to have used your personal information unlawfully; or if your personal information needs to be erased to comply with a legal obligation.
13. Right to Restrict Use of Your Personal Information: You have the right to suspend our use of your personal information in certain circumstances. For example, if you think your personal information is inaccurate and only for such period to enable us to verify the information’s accuracy; or if the use of your personal information is proved to be unlawful, and you request that we suspend using your information instead of erasing it altogether; or if we no longer need your personal information, but it is required by you for the establishment, exercise or defense of legal claims; or you have objected to the use of your personal information, and we are verifying whether our grounds for using the information override your objection(s).
14. Right to Data Portability: You have the right to obtain your personal information in a structured, commonly used and machine-readable format and for it to be made portable or transferred to another entity if technically feasible. This right applies only if the use of your personal information is based on your consent or for the performance of a contract, and when the use of the information is carried out by automated or electronic means.
15. Right to Object to Use of Your Personal Information: You have the right to object to the use of your personal information in certain circumstances. For example, if you object due to your particular, personal situation or if you object to the use of your personal information for direct marketing purposes, you may notify us of your objection and the exact grounds and reasons for such objection to us using your personal information for our legitimate interests or for those of a third party.
16. Right to Withdraw Consent: You have the right to withdraw your consent at any time if we are relying on your consent in order to use your personal information.
17. Right to Complain to Appropriate Data Protection Authority: You have the right to complain to the relevant data protection authority, such as the EU Commission or European Data Protection Board, if you think that we have not used your personal information in accordance with the GDPR or the relevant data protection law.
18. TOP Data Privacy Contact Point: For all of the provisions herein regarding communications with us regarding your rights pertaining to your personal information and the GDPR or other applicable data protection law, please direct any requests, inquiries, complaints, correspondence, etc. to TOP at the mailing address provided herein or by e-mail at [email protected]
20. No User Changes to Policy: The TOP website is offered to you conditioned on your acceptance without modification of the terms, conditions and notices contained herein. Your use or accessing of the TOP website constitutes your agreement to all such terms, conditions and notices.
23. Aggregated or Unattributed Information: TOP reserves the right to disclose aggregated data, or information or statements we publish without attribution to any identifiable individual, or specific data or statements that you separately and specifically agree that we can share with the larger public or media, without infringing on the user’s confidentiality.
24. Links to Third Party Sites: The TOP website might contain links to other websites. Such linked sites are not necessarily under TOP’s control, and TOP is not responsible for the contents of any linked site. Nor is TOP responsible for the privacy policies or practices of any such site, which might employ different privacy policies or practices than TOP.
25. EU Age Limitation: You must be at least 16 years old to consent to these rules and to use or access the website. If you are 13—15 years old, you must provide satisfactory proof of consent of your parent or legal guardian.
26. Data Retention Period: Absent an approved user request to the contrary as described herein above or a contrary regulatory requirement, TOP reserves the right to retain user information for the longer of six years following the website user’s last access or use of the website or two years after the website, as amended and updated from time to time, is no longer in operation.
27. Data Breach Notifications: The Data Controller shall keep an internal log or register of personal data breaches and shall report applicable, personal data breaches to the appropriate EU Commission, European Data Protection Board or national governing authority. If required by the appropriate governing authority in exceptional circumstances, the Data Controller shall notify you in the case of any such breach IF it is determined that (a) the breach is likely to result in a high risk for your rights and freedoms; AND (b) appropriate technical and organizational protections (such as use of encrypted data, for example) were not in place at the time of the incident; AND (c) such notifications would not require disproportionate or unduly burdensome hardships on the Data Controller, as opposed to providing such notice through a general public information campaign.