Top Ten Media Terms of Service

You agree to these terms of service ("TOS") in exchange for our provision of the services of this Web site (the "Service") by Top Ten Media, Inc. ("Top Ten Media" and “Top Ten Sources/Top 10 Sources”). Top Ten Media may amend the TOS at any time by posting an amended TOS on its Web site (the "Web site"). Top Ten Media continues to be in a beta-testing phase. We expect this service and the TOS to change substantially in coming months.

Parts of the Service are available to you through an Internet-ready computer and an Internet browser without registering for membership. Use of these parts of the Service is governed by the same terms as use of the Service from a Membership sign in. You may register for a membership in order to access parts of the Service at which time you will choose a sign in name and password, and provide us with a contact email address for account administration and registration confirmation. Upon completion of the online registration form, we will send a registration confirmation to your registered email address. Once you have clicked on the link in the confirmation email and successfully logged in to your new account, your registration process is complete.. You are solely responsible for maintaining the confidentiality of sign in name and password. You are responsible for all activities that are enabled through entry of your sign in name and password, including fees incurred and all purchases made by your membership on the Service. When completing the registration form, you agree to provide true, accurate, and complete information. You are responsible for maintaining and promptly updating this information in the My Account section of your Service account. Provision of information that is untrue, inaccurate, or incomplete, or reason to believe that information you provide is any of these things, is grounds for Top Ten Media to revoke your membership. You must provide your own Internet access and you are responsible for all equipment necessary to access the Service. You agree to notify Top Ten Media immediately of any unauthorized use of your membership or any other breach of security.

Your User Name or Page Name may become part of a URL from which you or others (should you choose to make the Page public) may access your Page. We reserve the right to change the URL at which your Page is posted at our sole discretion for any reason at any time.

You may obtain a membership with the Service without paying a fee. Top Ten Media may charge fees to access certain components of the Service. You may use a credit card to pay these fees. When you provide credit card information to Top Ten Media, you represent to Top Ten Media that you are the authorized user of the credit card and that your use does not violate any other agreement. You agree to notify Top Ten Media promptly of any changes to your credit card number, its expiration date, and your billing address, and you must promptly notify Top Ten Media if your credit card expires or is canceled. Top Ten Media reserves the right to change its fees or billing methods. If any change is unacceptable to you, you may cancel your membership. Top Ten Media is not obligated to refund any fees that may have accrued to your membership before you cancel it. Top Ten Media may also charge you for any sales or use taxes to which the Service is subject.

You may terminate your membership at any time. You agree that the cancellation of your membership or a particular component of the Service is your sole right and remedy with respect to any dispute with Top Ten Media. This includes, but is not limited to, any dispute related to or arising out of: (a) any term of the TOS or Top Ten Media's enforcement or application of the TOS, now or in the future; (b) any policy or practice of Top Ten Media, including the Privacy Policy, or Top Ten Media's enforcement or application of these policies; (c) the data available through the Service; (d) your ability to access and use the Service; or (e) the amount or type of fees, surcharges, applicable taxes, and any Top Ten Media billing methods. Top Ten Media, in its sole discretion, may terminate your membership and remove and discard anything you have published to this site without notice if Top Ten Media believes that you have violated or acted inconsistently with the TOS or for any reason. Top Ten Media will not be liable to you for termination of your membership to the Service. Sections 3, 4, 7, 8, 9, 10, 11, 13, 15 and 17 will survive the termination of this TOS.

You agree that you will not: a) impersonate any person, including a Top Ten Media employee or agent on the Service or otherwise; b) violate any local, state, or national law through or on the Service, including but not limited to copyright infringement; c) collect or store data about other people using the Service, through manual or automated means; d) use any device, software or routine to interfere or attempt to interfere with the proper working of the Service; e) impose an unreasonable or disproportionately large load on the infrastructure of the Service, for which we reserve the right either to terminate your membership or charge for usage; f) use the Service in any manner other than as expressly authorized in the TOS; g) use any robot, spider, other automatic device, or manual process to monitor or copy any content on the Service, onto the Service, or off of the Service; or h) reproduce, duplicate, reverse-engineer, copy, sell, resell, or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.

You agree that all content and materials delivered via the Service or otherwise made available by Top Ten Media at the Web site are protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws owned by Top Ten Media and its licensors. Use of such content or materials for any purpose not expressly permitted in these TOS is prohibited. Any rights not expressly granted herein are reserved by Top Ten Media. The rights granted in these TOS does not constitute a transfer, sale, or exclusive license of any of Top Ten Media's or its licensors’ intellectual property rights. You must not copy, reproduce, alter, modify, create derivative works, or publicly display any content or materials of the Service, including the Top Ten Media database, unless expressly authorized by an authorized party of Top Ten Media. By uploading, submitting or otherwise disclosing or distributing content or materials of any kind at the Web site or otherwise through the Service, you:

• grant to Top Ten Media, its affiliates and their assignees the perpetual, irrevocable, non-exclusive, royalty-free right to use, reproduce, display, perform, adapt, modify, distribute, make derivative works of and otherwise exploit such content or materials n any form and for any purpose, including without limitation, any concepts, ideas or know-how embodied therein;
• represent and warrant to Top Ten Media that you own or otherwise control all rights to such content or materials and that disclosure and use of such content or materials by Top Ten Media (including without limitation, publishing content at the Web site) will not infringe or violate the rights of any third party; and
• acknowledge that the content and materials may not be treated confidentially.

You agree that you will honor any charges incurred by you through your use of this Web site and the Service; that you will pay all charges that you incur at Top Ten Media's then-current rates; and that your use of this Service does not violate any other obligation you may have. You will indemnify and hold Top Ten Media, and its agents, subsidiaries, affiliates, officers, and employees, harmless from any claim or demand, including attorneys' fees, made by any third party due to or arising out of your use of the Service, your violation of the TOS, or your violation of any rights of a third party.

Top Ten Media reserves the right to change, at any time, at our sole discretion, the Terms under which these Services are offered and the Services themselves. You are responsible for regularly reviewing these Terms. Your continued use of the Services constitutes your agreement to all such Terms. You expressly waive any claims to a reliance interest created through your use of the Service.

The Service provides links to third party web sites as well as information offered through other sites in the form of RSS feeds and other forms of XML feeds. Top Ten Media does not control the sites to which links are provided nor does Top Ten Media control what is offered in these feeds. Top Ten Media is not responsible for availability, does not endorse them, and is not responsible or liable for any content, goods, or services available from these sites. Top Ten Media will not be responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with use of or reliance on any content, goods, or services available through these sites.

As a member of the Service, we encourage you to submit URLs of your RSS feeds and other forms of XML feeds for registration into our database. While we do not pre-screen news feeds, Top Ten Media retains the right in our sole discretion to remove any news source that violates the TOS. You understand that the content of each news source is the sole responsibility of the creator of the news source. Top Ten Media does not control the news feeds and does not guarantee the accuracy, integrity, or quality of the feeds.

YOU AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TOP TEN MEDIA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT RELATED TO THE SERVICE. ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS OBTAINED AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES OR LOSS OF DATA OR EMAIL THAT RESULTS FROM YOUR USE OF THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TOP TEN MEDIA OR THROUGH OR FROM THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, IN WHICH EVENT THIS DISCLAIMER MAY NOT APPLY, OR WILL APPLY ONLY IN PART, TO YOU. YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.

TOP TEN MEDIA WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF TOP TEN MEDIA HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), RESULTING FROM YOUR USE OF THE SERVICE. UNDER NO CIRCUMSTANCES WILL TOP TEN MEDIA'S TOTAL LIABILITY OF ALL KINDS ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED THE GREATER OF (A) THE AMOUNT OF FEES PAID BY YOU TO TOP TEN MEDIA IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $1000. THIS LIMITATION OF LIABILITY WILL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY IN THE TOS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. You expressly agree that you use this site solely at your own risk.

Top Ten Media, Top Ten Sources/Top 10 Sources, the Top Ten Media and Top Ten Sources/Top 10 Sources logos, and other Top Ten Media and Top Ten Sources/Top 10 Sources logos, products and service names are trademarks of Top Ten Media. You do not have a license through this TOS to display or use them in any manner. The exception to this rule is the Top Ten Media and Top Ten Sources/Top 10 Sources icons provided expressly for the purpose of links back to the Top Ten Media and Top Ten Sources/Top 10 Sources website, which may be used on other web sites.

Any legal controversy or legal claim arising out of or relating to the TOS or the Service, (with the sole exception of legal action taken by Top Ten Media to collect fees or recover damages for, or obtain an injunction relating to, Top Ten Media's intellectual property or the Service), will be settled by binding and final arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration will be conducted in Massachusetts. Judgment on the arbitration award may be entered into any court having jurisdiction. Either you or Top Ten Media may seek any interim or preliminary relief from a court of competent jurisdiction in Massachusetts necessary to protect the rights or property of you or Top Ten Media pending the completion of arbitration. Should either party file an action contrary to this provision, the other party may recover attorney's fees and costs up to $1000.00.

By viewing this site, you consent to the jurisdiction of the state and federal courts located in Massachusetts. The TOS and the relationship between you and Top Ten Media will be governed by the laws of the Commonwealth of Massachusetts, without regard to its conflict of law provisions.

You may not register or use the Service if you are under 13 years old. By registering, installing, and accepting these TOS you represent to Top Ten Media that you are at least 13 years old.

Collecting personal information from children under the age of 13 is prohibited. You agree not to use this site in such a way as to collect information from such children.

Please be sure to read our Privacy Policy, which is incorporated herein in full by reference, and which may be amended from time to time at our sole discretion.

This Service is published in the United States but is available for access from around the world. You agree to comply with all local rules regarding online conduct and acceptable Content. This compliance includes but is not limited to your agreement to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the advertiser. You agree that Top Ten Media will not be held responsible in any way for any dealings with these or other third parties. Similarly, your correspondence or business or personal relationships with other registered Members found on or through the Service are solely between you and the other Members of the Service. You agree that Top Ten Media will not be held responsible in any way for contact, communication, or any other dealings with other registered Members of the Service or other third parties.

Top Ten Media respects your intellectual property and the rights of others. We require that our users do the same. If you believe that your work has been copied and is accessible on this site in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please let us know at dmca@TopTenSources.com.

For those offering feeds: We begin with the premise that you would not offer RSS or related XML feeds of your copyrighted material if you did not want those feeds rendered in aggregators. If you offer an XML feed that is included in a public Top Ten Media site and you would prefer that it not be included, please let us know at dmca@TopTenSources.com. We will send you a confirmation when this has been completed; please let us know if you do not receive a confirmation.

Alternatively, you may selectively or completely control the inclusion of each of your feeds in the Top Ten Media database and Pages by setting up a membership at http://www.toptensources.com and registering your feed URLs with your preferences.

Top Ten Media may provide notices to you pursuant to the TOS through email, regular mail, or by displaying conspicuous notices or links to notices to you on Top Ten Media's Web site. This TOS constitutes the entire agreement between you and Top Ten Media and governs your use of the Service, superseding any prior agreements between you and Top Ten Media. You also may be subject to additional terms and conditions that may apply when you use other Top Ten Media products or services. The failure of Top Ten Media to exercise or enforce any right or provision of the TOS does and will not constitute a waiver of the right or provision. If any provision of the TOS is found to be invalid, the other provisions of the TOS will remain in full force and effect. Any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within a year after the claim or cause of action arose or be forever barred. Top Ten Media may assign, transfer or delegate any of its rights and obligations hereunder without your consent.