Last Updated: October 22, 2009

Terms of Use

By using the Topout web site, you agree to be legally bound by the following terms as well as the Topout Privacy Policy. If you do not agree to be legally bound by all of the following terms then please do not access or use the Topout web site. We reserve the right to make changes to these terms at any time. Your continued use of the Topout web site after any changes means you agree to be legally bound by these terms as they are updated and/or amended.

1. Use

You agree to use Topout only for its intended, lawful purposes and in accordance with all applicable laws. You agree not to use Topout in any manner that interferes with its normal operation or with any other user's use and enjoyment thereof. You further agree that you will not access Topout by any means except through the interfaces provided by Topout and that you will not access Topout from any territory where its contents are illegal.

All data, descriptions, photographs, text, captions, posts or other materials ("Content") of Topout is for your personal, non-commercial use only and is subject to change without notice. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display or in any way exploit any of the Content on Topout in whole or in part outside of the specific usage rights granted to you from within the Topout web site.

2. Warranty and Liability

Topout does not provide any warranty or guarantee as to the availability, accuracy, timeliness, performance, completeness or suitability of any of the Content offered on the Topout web site for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors.

Under no circumstances will Topout be liable in any way for any Content, including, but not limited to, the availability of any Content, subject matter of any Content, errors or omissions in any Content, or for any loss, injury, or damage of any kind incurred as a result of the use of any Content available via Topout. It shall be your own responsibility to ensure that any products, services or information available through Topout meet your specific requirements.

3. User Submitted Content

A. Responsibility

User submitted Content uploaded, posted, e-mailed, transmitted or otherwise made available on Topout is the sole responsibility of the user who submitted such Content. You agree not to submit any abusive, obscene, vulgar, slanderous, hateful, threatening, sexually-orientated or any other material that may violate any laws be it of your country, the country where Topout is hosted or International Law. Doing so may lead to you being immediately and permanently banned, with notification of your Internet Service Provider if deemed required by us.

B. License

By submitting Content to Topout you grant Topout a worldwide, irrevocable, royalty-free, nonexclusive, sub licensable license to use, reproduce, create derivative works of, distribute, publicly perform, publicly display, transfer, transmit, distribute and publish that Content for the purposes of displaying that Content on Topout. This license shall apply to the distribution and the storage of Your Content in any form, medium, or technology now known or later developed.

C. Review, Removal, Modification

By submitting Content to Topout, you authorize future modifications of the Content by administrators, moderators, and other users. Content submitted to Topout may be examined at any time and we maintain the absolute right (but not the obligation) to remove or change Content for any reason or no reason, at any time, with or without notice.

4. Account

A. Membership

A Topout account is available to anyone 13 years of age or older who truthfully and accurately registers all required information (including a legitimate email address) and obtains a unique Topout username and password.

B. Privacy

You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Furthermore, you are strongly advised to maintain and protect your privacy by choosing carefully what personally identifiable information you include in Content you post on Topout.