Website Terms of Use
Please read these terms and conditions carefully, as they contain important information regarding your use of the
top1website (hereinafter referred to as the “Website”), and clarify your legal rights, remedies, and obligations.
These terms and conditions apply to the website at the domain name
top1, as well as all the designs and various contents presented on the Website. Specifically, they cover texts, materials, clothing and other product designs, product information, graphics, artworks, images, the overall style of the website, photographic works, audio and video clips or contents, job opportunity postings, software, data, and other information that may be updated from time to time on the Website (collectively referred to as the “Content”).
When you access and use the Website and its related Content, it indicates that you agree to be bound by these terms and conditions. These terms and conditions may be adjusted from time to time without prior notice. Each time you access the Website and/or the Content, you will be subject to the terms and conditions in effect at that time. If you do not agree with these terms and conditions, please do not access or use the Website and the Content.
I. Consent and Restrictions
Your use of the Website and/or the Content unconditionally demonstrates your agreement to abide by and be bound by these terms and conditions. Even if you bypass the display of this agreement by bookmarking specific pages, your act of using the Website still makes you subject to the provisions of this agreement. We reserve the right to modify, suspend, or terminate the Website and/or any of its Content at any time without prior notice.
II. Ownership of Website Content and Permitted Use
- Ownership Attribution: All intellectual property rights of the Website and the Content belong to top1. or its affiliated companies (hereinafter collectively referred to as “top1” or “we”), or to other entities that have authorized us to display the content they own.
- Personal Use Permission: You have the right to browse the Content and may print or save a single copy of part of the Content for personal non-commercial purposes. However, this is subject to the condition that you shall not make any modifications to the Website, the Content, or the copyright or other proprietary rights notices on the Content. It is specifically noted that, except for the necessary operations to access the Website, the copying of music content is prohibited.
- Use Restrictions: In addition to the explicitly permitted acts mentioned above, you are strictly prohibited from copying, publishing, transmitting, distributing, displaying, modifying, creating derivative works based on, selling, or participating in any form of sales activities related to the Website or the Content. You also shall not commercially utilize it in whole or in part in any way. The Content is protected by laws, including copyright laws, international treaties, trademark laws, regulations on trade dress protection, and other laws related to various proprietary rights. Except for the limited rights granted in these terms, all other rights are reserved by the rights holders.
- Nature of the Content: The Content on this Website is provided for information purposes only and should not be regarded as absolutely accurate, updated in real-time, or inherently suitable for any specific purpose. The prices listed on the Website or in the Content are for informational display only and do not constitute an offer that you can accept.
III. Links to Third-Party Websites
The Website may contain links to third-party websites, but we do not endorse or guarantee the accuracy of the contents, information, or materials on these third-party websites. Such links are provided for convenience only. When you click on the links to access third-party websites, you do so at your own risk. Once you leave the Website, our terms and policies will no longer apply.
top1. assumes no responsibility for third-party websites and their contents, nor can it exercise any control or influence over them.
IV. Trademark Usage Specifications
“
top1.”, “
top1” and other related trademarks, trade names, logos, slogans, and images are the exclusive trademarks of
top1.. Without the prior written permission of
top1. or the relevant trademark holders, any form of copying, imitation, or use in whole or in part is strictly prohibited.
V. Provisions Related to User Content
- Grant of Rights: When you publish or distribute comments, messages, data, information (excluding the information you submit to us regarding job opportunities, which will be processed in accordance with our Privacy Policy), texts, music, sounds, photos, graphics, or other contents (collectively referred to as “User Content”) on the Website, you:
- Grant top1. and its designated parties a non-exclusive, royalty-free, permanent, transferable, irrevocable, and sublicenseable right to use, copy, modify, adapt, translate, distribute, publish, create derivative works based on, and publicly display and perform the User Content worldwide.
- Grant top1. and its sublicensees the right to use the name associated with the User Content you submit at their own discretion.
- Representations and Warranties: You are required to represent and warrant that:
- You have full control over the rights of the User Content you publish or distribute, or you have the legal right to publish and distribute such content through the Website.
- The User Content is accurate and contains no misleading information.
- The use, publication, or other transmission of the User Content does not violate these terms of use, nor will it infringe upon the rights of any individual or entity, nor cause harm to them.
- Attributes and Handling of User Content: User Content submitted by users is considered non-confidential information, and we have no obligation to treat it as proprietary information. Without prejudice to the foregoing provisions, we have the right to decide at our own discretion on the appropriate handling of User Content, including but not limited to deletion, editing, modification, rejection of receipt, or refusal to publish. We have no obligation to pay you for the User Content, nor are we required to attribute the authorship of the User Content to you. If it is determined that you retain moral rights (such as the right of attribution or the right to protect the integrity of the work) in the User Content, you hereby agree that:
- You do not require the use of any personal identification information in the User Content, its derivative works, upgraded or updated versions.
- You do not object to top1. or its agents’ publication, use, modification, deletion, and other forms of utilization of the User Content.
- You waive any moral rights as an author that you may claim in any User Content.
- You release top1. from any claims that you may have based on moral rights. top1. shall not be liable for any User Content published, stored, or uploaded by you or any third party, or for any losses or damages arising therefrom.
VI. Prohibited or Illegal Use Restrictions
- Guarantee of Lawful Use: You represent and warrant that you will not use our Website and/or the Content for any illegal purposes or for any purposes prohibited by these Website terms of use.
- Account Security and Usage Specifications: You undertake not to disclose your personal profile login information and password to others, and not to use our Website and/or the Content in any way that may cause the Website to malfunction, be damaged, overloaded, have impaired performance, or interfere with other users’ normal use and enjoyment of the Website.
- Guarantee of Identity Authenticity: It is strictly prohibited to distort your true identity as a user or to submit false, misleading, or untrue documents and information to our Website.
- Prohibition of Malicious Acts: You agree not to send unsolicited or unauthorized advertisements, solicitation information, spam, and not to collect or obtain other users’ email addresses and other contact information from the Website for the purpose of sending spam.
- Restrictions on Technical Means: Reverse engineering of the Website is prohibited, and you shall not use any robot programs, spider programs, crawler programs, web scraping tools, or other automated means and interfaces not provided by us to access the Website or extract data.
- Prohibition of Misleading Acts: You shall not make others mistakenly believe that you have a specific relationship with us or that we have endorsed you through means such as “framing” the Website. top1. has the right to decide at its own discretion, without prejudice to any rights or claims we may have against you, to refuse to provide services to you, terminate your account, and/or cancel your order for any reason, especially when we believe that your use of the Website violates these Website terms of use, violates applicable laws, or causes damage to the interests of top1.
VII. Disclaimer of Liability and Limitation of Liability
- Mode of Providing the Website and the Content: The Website and the Content are provided for general information purposes only and are provided “as is”, without any form of express or implied warranty or condition. You use the Website and the Content at your own risk.
- Statement on the Quality and Accuracy of the Content: We do not make any guarantees regarding the quality, accuracy, reliability, integrity, or timeliness of the Website and the Content, nor do we assume any responsibility for errors, omissions, or inaccurate information in the Website or the Content. It is specifically stated that you acknowledge that top1. does not guarantee that the Website can be accessed without interruption, nor does it guarantee that the Website or the server providing the Website service is free from errors, defects, design flaws, omissions, or free from viruses and other harmful components.
- Comprehensive Disclaimer: To the maximum extent permitted by law, we disclaim all express, implied, or incidental warranties, representations, and conditions related to the Website and the Content, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and the warranty that the Website or the Content is error-free or can operate without interruption. In no event shall we be liable, regardless of the legal theory (including but not limited to warranty, contract, tort, negligence, strict liability, or other legal theories), for any form of damages (including but not limited to direct, indirect, incidental, consequential, special, exemplary, punitive damages, loss of profits, loss of use, loss of data, personal injury, fines, fees, penalties, and other liabilities), whether or not we have been previously aware of the possibility of such damages, and regardless of whether the damages result from the use of the Website and the Content or from the inability to use them. top1. shall not be liable for any defamatory, offensive, or illegal acts of any user. If you are dissatisfied with the Website, the Website content, or any of top1.’s terms of use, the only and exclusive remedy for you is to stop using the Website.
It should be noted that some laws do not allow the limitation of implied warranties or conditions, or the exclusion or limitation of certain damages. If such laws apply, some or all of the above disclaimers, exclusions, or limitations may not be applicable to you, and you may have additional rights not covered by this agreement.
VIII. Indemnification Clause
You agree to immediately defend, fully indemnify, and hold harmless
top1. (including its affiliated companies, subsidiaries, and their respective officers, directors, agents, and employees) from and against any and all losses, lawsuits, claims, damages, costs, and expenses (including reasonable legal fees and expenses calculated on a full indemnification basis) arising from or related to your use of the Website (including any content on the Website) and your User Content. This clause shall remain in full force and effect even after the termination of this agreement.
IX. Privacy Policy
Please review our Privacy Policy, the terms of which are incorporated into this agreement by reference and also apply to your use of the Website. The personal information you submit to us during your use of the Website will be processed in accordance with our Privacy Policy.
X. Review of Transmitted Content
top1. may regularly monitor and review the information transmitted or received through our Website or its related emails. We reserve the right to decide at our own discretion to review, edit, delete, or prohibit the transmission or receipt of information that we consider inappropriate or in violation of these Website terms of use. During the monitoring process, the information may be inspected, recorded, or copied. Your use of the Website indicates your consent to such monitoring and review. We shall not be liable for any content you publish or submit.
XI. Regulations for Purchases from the Online Store
If you purchase goods from
top1.’s online store, you are required to confirm that you have read and understood
top1.’s terms and conditions of sale, which are incorporated into this agreement by reference, and you agree to abide by these terms.
XII. Applicable Law and Dispute Resolution
- Integrity of the Agreement: These Website terms of use and the agreements and policies referenced in this agreement (collectively referred to as this “Agreement”) constitute the complete agreement between you and us regarding the matters covered by this Agreement and supersede all previous agreements and representations between you and us.
- Enforceability of the Terms: If any term of this Agreement is determined to be unenforceable for any reason, such term shall be modified only to the extent necessary to make it enforceable, and the other terms of this Agreement shall remain in full force and effect.
- Waiver of Rights and Assignment: top1.’s failure to act in response to your or others’ violation of this Agreement does not constitute a waiver of relevant rights, nor does it limit our right to assert rights against such a breach or subsequent breaches. We may transfer our rights and obligations under this Agreement to any third party at any time without prior notice to you.
- Applicable Law: This Agreement shall be governed by and construed in accordance with [Applicable Law]. Any lawsuit or proceeding arising from or related to this Agreement or your use of the Website shall be brought before [Jurisdictional Authority], and you hereby irrevocably agree to the jurisdiction of such Jurisdictional Authority over all related matters.