Terms of Service for WhozTop.com

Introduction

Welcome to WhozTop. This website, app and platform are owned and operated by WhozTop. By visiting our website or installing our app and accessing the information, resources, services, products, and tools we provide, you understand and agree to accept and adhere to the following terms and conditions as stated in this policy (hereafter referred to as ‘User Agreement’), the terms and conditions as stated in our Privacy Policy (please refer to the Privacy Policy section below for more information), and the terms and conditions as stated in our Content Policy (please refer to the Content Policy section below for more information).

This agreement is in effect as of Dec 04, 2014.

We reserve the right to change this User Agreement from time to time without notice. You acknowledge and agree that it is your responsibility to review this User Agreement periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.

Responsible Use and Conduct

By visiting our website, app, platform and accessing the information, resources, services, products, and tools we provide for you, either directly or indirectly (hereafter referred to as ‘Resources’), you agree to use these Resources only for the purposes intended as permitted by (a) the terms of this User Agreement, and (b) applicable laws, regulations and generally accepted online practices or guidelines.

Wherein, you understand that:

a. In order to access our Resources, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Resources. You agree that any information you provide will always be accurate, correct, and up to date.

b. You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources. Accordingly, you are responsible for all activities that occur under your accounts.

c. Accessing (or attempting to access) any of our Resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical or unconventional means.

d. Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited.

e. Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited.

f. You are solely responsible any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.

g. We may provide various open communication tools on our website, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our website, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that in any way violates our content policy.

We have the right at our sole discretion to remove any content that, we feel in our judgment does not comply with this User Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.

h. We do not assume any liability for any content posted by you or any other 3rd party users of our website. However, any content posted by you using any open communication tools on our website, provided that it doesn’t violate or infringe on any 3rd party copyrights or trademarks, becomes the property of WhozTop.com, and as such, gives us a perpetual, irrevocable, worldwide, royalty-free, exclusive license to reproduce, modify, adapt, translate, publish, publicly display and/or distribute as we see fit. This only refers and applies to content posted via open communication tools as described, and does not refer to information that is provided as part of the registration process, necessary in order to use our Resources. All information provided as part of our registration process is covered by our privacy policy.

i. You agree to indemnify and hold harmless WhozTop.com and its parent company and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this User Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us.

Privacy

Your privacy is very important to us, which is why we’ve created a separate Privacy Policy in order to explain in detail how we collect, manage, process, secure, and store your private information. Our Privacy Policy is included under the scope of this User Agreement. To read our privacy policy in its entirety, click here.

User Submitted Content

User submitted content is at the heart of what we do, and so it’s very important to us that the user submitted content be of high quality and free from legal entanglements. Therefore, we’ve created a Content Policy that details what user-submited content is not acceptable and how submission of unacceptable content is handled. Our Content Policy is included under the scope of this User Agreement. To read our Content Policy in its entirety, click here.

Limitation of Warranties

By using our website, you understand and agree that all Resources we provide are “as is” and “as available”. This means that we do not represent or warrant to you that: i) the use of our Resources will meet your needs or requirements. ii) the use of our Resources will be uninterrupted, timely, secure or free from errors. iii) the information obtained by using our Resources will be accurate or reliable, and iv) any defects in the operation or functionality of any Resources we provide will be repaired or corrected.

Furthermore, you understand and agree that:

v) any content downloaded or otherwise obtained through the use of our Resources is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content. vi) no information or advice, whether expressed, implied, oral or written, obtained by you from WhozTop.com or through any Resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this User Agreement.

Limitation of Liability

In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of products and/or services. WhozTop.com will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our Resources, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.

Copyrights/Trademarks

All content and materials available on WhozTop.com, including but not limited to text, graphics, website name, code, images and logos are the intellectual property of WhozTop.com, and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by WhozTop.com.

Termination of Use

You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our website and Resources with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.

Governing Law

This website, app, and platform are controlled by WhozTop.com. It can be accessed by most countries around the world. By accessing our website, app, and/or platform you agree that the statutes and laws of our state, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and the purchase of any products or services through this site.

Furthermore, any action to enforce this User Agreement shall be brought in the federal or state courts You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

Guarantee

UNLESS OTHERWISE EXPRESSED, WhozTop.com EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

WhozTop reserves all rights to the name, concept, features and functionality of our website, app and platform, any imitation, copying, theft or damage of any kind is strictly prohibited and will be legally prosecuted to the fullest extent of the law.

Contact Information

If you have any questions or comments about these our Terms of Service as outlined above, you can contact us at:

WhozTop.com

feedback@whoztop.com

Engage your audience with fun contests

Whatever conference or event you are planning one of the best ways to engage your audience is to invite them to participate in contests which anyone can join and everyone can see.

WhozTop makes this amazingly simple to set up and execute on.

Attendees are taking pics all the time, why not set up a “Best fan photo” contest where they get to submit photos, vote on their favs and share with friends to increase vote count and exposure for your event.

WhozTop also works for contests where facts are measured, “Who is traveling the most miles to attend”, “Who is bringing the most guests” , “Who gets the most celebrity photos”, “Who does the most of X”. Users submit pics or vids of their claims leading to content rich addional exposure for your event.

You can set up contests in WhozTop in seconds and immediately share them with your attendees via Facebook, Twitter, email and any other medium you wish to use. Attendees just install the free WhozTop app to be able to participate.

WhozTop is completely free to use for anyone and has no ads, it’s available for iPhone and Android and is in the app stores now.

Make sure your event benefits from this unique, fun and engaging new social media channel.

If you would like to contact us please email feedback@whoztop.com

Here is a short phone friendly video intro to WhozTop, enjoy, no phone flipping required : -) WhozTop is a new app allowing users to create and share competitions on anything in seconds. The app generates a live leaderboard and automatically ranks everyone taking part in the competition. WhozTop send out real-time updates as new results are added and positions change.

Competitions can be based on anything measurable, for example things like time, points, speed, dollars, yards, lbs, reps, number of wins, in fact it can support anything you can count. Competitions can also be based on votes, so anything with the most votes ranks highest, great for popularity type contests, or where you want peoples opinions and feedback.

The purpose of our app is to make it super easy for anyone to set up and share competitions. To remove the admin headache of organizing them, tracking results, sending out updates, its all done for you, the WhozTop app does all the hard work. The WhozTop name is a mashup of "who is top?" one of the most common questions for any competition. We hope you like the app it's free, fun and social. Install it today, set up a competition and invite some friends to find out WhozTop, get it for iPhone and Android

Content Policy

Our content policies apply to any content you submit to WhozTop including links to content on other sites.

• Sexually Explicit Material: Content that contains or promotes pornography is prohibited; this includes sexually explicit or erotic content, icons, titles, or descriptions. WhozTop has a zero-tolerance policy against child sexual abuse imagery. If we become aware of content with child sexual abuse imagery, we will report it to the appropriate authorities and delete the WhozTop Accounts of those involved with the distribution.
• Violence and Bullying: Depictions of gratuitous violence are not allowed. Content should not contain materials that threaten, harass or bully other users.
• Defamation: We don’t allow submitted content which may be construed as intended to defame, slander, or libel anyone. Determination of such content is at the sole discretion of WhozTop.
• Hate Speech: We don’t allow content advocating against groups of people based on their race or ethnic origin, religion, disability, gender, age, veteran status, or sexual orientation/gender identity.
• Impersonation or Deceptive Behavior: Don’t pretend to be someone else, and don’t represent that your submitted content is authorized by or produced by another company or organization if that is not the case.
• Intellectual Property: Don’t infringe on the intellectual property rights of others, (including patent, trademark, trade secret, copyright, and other proprietary rights), or encourage or induce infringement of intellectual property rights. We will respond to clear notices of alleged copyright infringement.
• Personal and Confidential Information: We don’t allow unauthorized publishing or disclosure of people’s private and confidential information, such as credit card numbers, government identification numbers, driver’s and other license numbers, non-public contacts, or any other information that is not publicly accessible.
• Illegal Activities: Keep it legal. Don’t engage in unlawful activities on this product, such as the sale of prescription drugs without a prescription.
• Gambling: We don’t allow content or services that facilitate online gambling, including but not limited to, online casinos, sports betting and lotteries, or games of skill that offer prizes of cash or other value.

Content Policy Enforcement
Illegal, infringing, or otherwise objectionable content should be reported to content-abuse@whoztop.com. WhozTop’s moderators will review all reports of such content within 24 hours from the time of the report. In the event that your submitted content is removed from WhozTop, you will receive an email notification to that effect. If you have any questions or concerns regarding a removal or a rating/comment from a user, you may contact us at content-abuse@whoztop.com. Serious or repeated violations of this Content Policy will result in account termination.

Privacy Policy

Your privacy is very important to us. Accordingly, we have developed this Policy in order for you to understand how we collect, use, communicate and disclose and make use of personal information. The following outlines our privacy policy.

• Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.
• We will collect and use of personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law.
• We will only retain personal information as long as necessary for the fulfillment of those purposes.
• We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.
• Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.
• We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
• We will make readily available to customers information about our policies and practices relating to the management of personal information.

We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.