The following Terms of Use introduce your obligations when using the
related websites of TOPCMM. You can review our Privacy Policy as well,
which shows our obligations and practices in order to handle any
personal information that you may meet.
1.
ACCEPTANCE OF TERMS The web pages are available at TOPCMM.com,
123flashchat.com, 123livehelp.com and all linked pages ("Site"), are
owned and operated by TOPCMM Software Limited ("TOPCMM"), and it is
accessed by you under the Terms of Use described below ("Terms of Use").
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE PRODUCTS OR
SERVICES. BY ACCESSING THIS SITE OR USING ANY PART OF THE SITE OR ANY
CONTENT OR SERVICES (AS EACH IS DEFINED BELOW) ON THE SITE, YOU AGREE TO
BECOME BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL
THE TERMS AND CONDITIONS, THEN YOU MAY NOT ACCESS THE SITE OR USE THE
CONTENT OR ANY SERVICES IN THE SITE. TOPCMM'S ACCEPTANCE IS EXPRESSLY
CONDITIONED UPON YOUR ASSENT TO ALL OF THESE TERMS AND CONDITIONS, TO
THE EXCLUSION OF ALL OTHER TERMS; IF THESE TERMS AND CONDITIONS ARE
CONSIDERED AN OFFER BY TOPCMM, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE
TERMS.
2. MODIFICATIONS OF TERMS OF USE
TOPCMM has the right to
modify or replace the Terms
of Use at any time. If the
alterations constitute a
material change to the Terms
of Use, TOPCMM will notify
you by posting an
announcement on the Site.
What constitutes a "material
change" will be determined
at TOPCMM's sole discretion,
in good faith and using
common sense and reasonable
judgment. You shall be
responsible for reviewing
and becoming familiar with
all modifications. Use of
the Services by you
following such notification
constitutes your acceptance
of the terms and conditions
of the Terms of Use as
modified.
3. PROPRIETARY RIGHTS
TOPCMM, 123FLASHCHAT,
123LIVEHELP, 123WEBMESSENGER
and 123 PPV SOFTWARE logos,
and other identifying marks
of TOPCMM shall remain the
trade-marks, trade names and
exclusive property of TOPCMM,
and any unauthorized use of
these marks is unlawful.
Other trade-marks on this
website are the property of
their respective owners. All
content on this website,
including without limitation
all programs, complied
binaries, interface layout,
interface text,
documentation and graphics,
is the copyrighted property
of TOPCMM and is protected
by international copyright
law. The content on this
website may not be taken out
of context or presented in a
misleading or discriminatory
manner. Any rights which
don't expressly grant to you
are reserved by us.
4. USER CONDUCT You agree to follow all applicable laws and
regulations when using this website. Furthermore, you agree that you
shall not: 1. upload, post or otherwise transmit through or to this
website any content that: a). is unlawful, abusive, threatening,
harmful, obscene, lewd, offensive, defamatory or otherwise
objectionable;
b). might infringe the intellectual property rights,
privacy rights, rights of publicity, or other proprietary rights of
others;
c). contains any viruses, trojan horses, time bombs, or any
other harmful programs or elements; 2. disrupt, place unreasonable
burdens or excessive loads
on, interfere with or
attempt to gain unauthorized
access to any portion of our
website, its computer
systems, servers or
networks; 3. provide false information about yourself
to us, impersonate any other person, or otherwise attempt to mislead
others about your identity or the origin of any content, message or
other communication; 4. transmit junk mail, chain letters, or
other unsolicited bulk e-mail or duplicative messages; 5. collect
information about other visitors to our website without their consent or
otherwise systematically extract data or data fields, including without
limitation any financial data or e-mail addresses; 6. sell access
to or the use of this
website, including any
content contained on,
downloaded or accessed from
this website, except as
specifically permitted in
writing by TOPCMM; 7.
redistribute any content,
including financial data,
provided by us in any manner
whatsoever including by
means of printed
publication, fax broadcast,
web pages, e-mail, web
newsgroups or forums, or any
other electronic or
paper-based service or
method; 8. intentionally alter the format in which
financial data is provided by us or otherwise circumvent our regular
interfaces to such data. TOPCMM may remove any Content and TOPCMM
accounts at any time for any
reason (including, but not
limited to, upon receipt of
claims or allegations from
third parties or authorities
relating to such Content),
or for no reason at all. To
report Terms of Use abuse,
please email:
support@123flashchat.com You
are solely responsible for
your interactions with other
users of the Site. TOPCMM
reserves the right, but has
no obligation to monitor
disputes between you and
other users.
5. INDEMNITY You agree to
indemnify, defend and hold us and our affiliates, business partners,
officers, directors, employees and agents harmless from any loss,
liability, claim, demand, damage, or expense (including reasonable legal
fees) asserted by any third party relating in any way to your use of
this website or breach of these Terms of Use. We reserve the right to
assume the exclusive defence and control of any matter subject to
indemnification by you, which shall not excuse your indemnity
obligations.
6. WARRANTY DISCLAIMERS TOPCMM
expressly disclaims any
warranty for 123FLASHCHAT,
123LIVEHELP, 123WEBMESSENGER
and 123 PPV SOFTWARE.
123FLASHCHAT SUITE AND ANY
RELATED DOCUMENTATION IS
PROVIDED "AS IS" WITHOUT
WARRANTY OF ANY KIND, EITHER
EXPRESS OR IMPLIED,
INCLUDING, WITHOUT
LIMITATION, THE IMPLIED
WARRANTIES OR
MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, OR
NONINFRINGEMENT. THE ENTIRE
RISK ARISING OUT OF USE OR
PERFORMANCE OF 123FLASHCHAT
SUITE PRODUCT REMAINS WITH
YOU.
7.
LINKS The Services may provide, or third parties may provide,
links to other World Wide Web sites or resources. Because TOPCMM has no
control over such sites and resources, you acknowledge and agree that
TOPCMM is not responsible for the availability of such external sites or
resources, and does not endorse and is not responsible or liable for any
Content, advertising, products or other materials on or available from
such sites or resources. You further acknowledge and agree that TOPCMM
shall not be responsible or liable, directly or indirectly, for any
damage or loss caused or alleged to be caused by or in connection with
use of or reliance on any such Content, goods or services available on
or through any such site or resource.
8. LIMITATION
OF LIABILITY IN NO EVENT WILL TOPCMM BE LIABLE TO YOU FOR ANY LOSS
OF USE, INTERRUPTION OF BUSINESS, OR ANY DIRECT, INDIRECT, SPECIAL,
INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST
PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT
(INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY, OR OTHERWISE, EVEN IF
TOPCMM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9. TERMINATION TOPCMM
may terminate or suspend any
and all Products/ Services
and your TOPCMM account
immediately, without prior
notice or liability, if you
breach any of the terms or
conditions of the Terms of
Use, or if you or your
competitors have jeopardised
TOPCMM interests in any way.
Upon termination of your
account, your right to use
the Products/ Services will
immediately cease. All
provisions of the Terms of
Use which by their nature
should survive termination
shall survive termination,
including, without
limitation, ownership
provisions, warranty
disclaimers, indemnity and
limitations of liability.
10. TRADEMARKS TOPCMM,
123FLASHCHAT, 123LIVEHELP,
123WEBMESSENGER, 123 PPV
SOFTWARE and other TOPCMM
graphics, logos, designs,
page headers, button icons,
scripts, and service names
are registered trademarks of
TOPCMM in China and/or other
countries. TOPCMM's
trademarks may not be used,
including as part of
trademarks and/or as part of
domain names, in connection
with any product or service
in any manner that is likely
to cause confusion. The
images and icons available
on the TOPCMM website may
only be used by partner and
third party sites in
connection with providing
appropriate "Provider:
TOPCMM" links to the TOPCMM
site. |
