Terms of Service

Any reference to “GOtop5^TM” includes companies provided by all GOtop5^TM entities: GOtop5 Limited its affiliates, licensors, partners, suppliers, consultants and agents; GOtop5.com; GOtop5^TM Communities formally called “Groups”; GOtop5^TM Merchant Board, GOtop5 Web Board; GOtop5^TM Shoppers Corner, GOtop5^TM Marketplace News, GOtop5^TM Employment Board, GOtop5^TM Coupons, GOtop5^TM Flyers and GOtop5^TM Event Board. Any references to “Services” will include services provided by GOtop5^TM. “Terms of Service” will be referred to as “Agreement”. 

 

1. Acceptance of Terms
GOtop5^TM provides its Services to you subject to the following Agreement and you agree to accept all terms upon use of these Services. We will post and inform users of updates to this Agreement, and this Agreement may be updated and be in effect with or without notice to you. We recommend you read and become familiar with the rules or guidelines or the terms which govern the use of the Services which can be viewed at anytime on the website.

2. Description of Service
General - GOtop5^TM is a family friendly site that reflects the voices and choices of its communities and neighborhoods. GOtop5^TM provides users with access to a variety of tools and resources, including blogs or groups, forums, communication tools, links, shopping assistance, consumer information and reports, consumer support, ratings, rankings and personalized content. You understand and agree that as part of your registration or membership to our Services, you may receive communications from GOtop5^TM, such as service announcements and administrative messages as part of our continuing efforts to make your experience a positive one. Although GOtop5^TM attempts to provide you with the highest level of service, GOtop5^TM does not guarantee or take responsibility for the timeliness, deletion, delivery failure or failure to store any user communications, information, content or personalization settings. GOtop5^TM specifically prohibits pornography or sexually explicit mature content. Content of a health or medical nature maybe found offensive to some and you may be required by law to have attained the age of majority in the province or territory in which you live to access such content on the Service. Should you provide such information or content on our Services, it is to be labeled appropriately and publicly. GOtop5^TM reserves the right, at its own discretion, without warning or reason or cause, to restrict or suspend any account or remove any registered user or member or group, it deems to be or act in violation of this Agreement, or act in an inappropriate, offensive or illegal way. GOtop5^TM will not assume liability for any loss or risk of loss or compensation of any matter from the suspension or removal of any content, account, user or member. Please contact our Member Care Team in our Help area, should you wish to discuss unfair practices and grievances.
Groups - GOtop5^TM allows group creators to control users and privacy of content in Groups. GOtop5^TM attempts to preserve your privacy and confidentiality with information or content considered sensitive, within private groups. However, GOtop5^TM cannot guarantee that all content for groups remain private and may be found in public access to be viewable and searchable by all. We advise you to take all necessary precaution and care when sharing such information on the internet or on our GOtop5^TM private group services.

3. Registration
Although GOtop5^TM strives to make our site a family friendly site, the responsibility of children resides in the care of their parents. Please be aware that registration may allow you to join forums, groups, community boards and participate in a variety of ways. We recommend parents supervise and control internet usage of children under the age of 18, as it is your responsibility to dictate appropriateness of content. Upon registration for our Services, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the country in which you are subject to or other applicable jurisdictions. Upon registration with GOtop5^TM, you will provide true, accurate and complete registration information. As part of the registration process, you will be asked to select a username and password and you will be responsible for all activities occurring under your username and for keeping your password secure. If for any reason GOtop5^TM has any grounds to suspect that such information is untrue, inaccurate, not current or incomplete, then GOtop5^TM has the right and may exercise that right without cause or warning to suspend or terminate your account and refuse any and all current or future use of the Services or any portion thereof.

4. Privacy Policy
By using the GOtop5.com site, you consent to all the rules and conditions outlined in the GOtop5^TM Privacy Policy.

5. Member ID, Account, Password and Security
Upon registration, the ID associated with your account is the property of GOtop5^TM and or its affiliates, and is not your personal information. You understand and agree that you are solely responsible for maintaining the confidentiality of your account including your password, and are fully responsible for all activities that occur under your account, including your password. Should you suspect a breach in security of your account or password, you agree to immediately notify GOtop5^TM, and exit from your account. GOtop5^TM will not be liable for any loss or damage arising for any breach in security or negligence by the user in maintaining security of the account.

6. General Content
GOtop5^TM may create its own content but, we cannot guarantee the accuracy, completeness or reliability of any content. GOtop5^TM allows users to populate the website with information in many forms, such as ratings, rankings, comments, text, links, pictures, graphic, video and audio as content. GOtop5^TM does not pre-screen, control, edit or endorse content made available through its services. The information can be posted in public or restricted groups, and is the sole responsibility of the person from which such content originated. This means that you, and not GOtop5^TM, are entirely responsible for all content that you, individually or collectively, publish, post upload, distribute, disseminate or otherwise transmit. Also, you understand that by using our Services, you may be exposed to content that is offensive, obscene, indecent or objectionable. GOtop5^TM prohibits the publishing, storage, processing or transmitting of pornographic content or content that is sexually explicit or adult or mature. GOtop5^TM reserves the right and without limitation in scope, at its own discretion, without warning or reason or cause to suspend any account or remove any material, content, it deems to be or act in violation of this Agreement or act in an inappropriate, offensive or illegal way. GOtop5^TM will not assume liability for any loss or risk of loss or compensation of any matter from the suspension or removal of any content, account, user or member. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content. Under no circumstances will GOtop5^TM be liable in any way for any content, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of or reliance upon any content posted, emailed, transmitted, or otherwise made available through the Services. As part of our registration and business through subscription, GOtop5^TM collects your personal information and your information by be stored in your country of transaction or registration or it by be stored or process in another country. By using the GOtop5^TM website, you consent to the transfer of such information outside your country solely for the purpose it was intended in the transacting country.

7. Group Content (Private groups and Public groups)
All rules governing users and general content above apply to groups and or group content. Owners of a group determine restricted or public access and can change access to the group at his or her discretion. Owners may, at any time with approval of the GOtop5^TM administration, transfer his or her ownership of a group to another GOtop5^TM group user. A group owner shall be responsible for: a) the maintenance and monitoring of the content in the group, including deleting any group; b) content or archived content at any time and in his or her discretion. If you are not the owner of a group you may request removal of information or content posted by you from a private group and prevent archival of your content. You agree and understand that GOtop5^TM only provides a service and does not control or monitor content or information within groups and resolution of such disputes among users in groups is not the responsibility of GOtop5^TM. You agree to resolve either directly or by contacting the Group Owner or by employing the assistance of a third party, to resolve any disputes within the group.

8. User Conduct
While using the Services, you agree that you will NOT, in action or intention or be associated with or by any means:
(a) defame, abuse, harass, stalk, threaten, harm, or otherwise violate the legal rights of others; or
(b) post, email, transmit, or make available any inappropriate, defamatory, infringing, obscene, sexually explicit, vulgar, libelous, objectionable, racially or ethnically hate material or unlawful content; or
(c) infringe any patent, trademark, copyright, trade secret or other proprietary right of any party, except for the holder of such proprietary right through ownership or legal permission; or
(e) download, upload, post, email, transmit or copy information that you do not have the legal right to; or
(f) forge information or impersonate any person or entity, or falsely state or misrepresent yourself or your affiliation with a person or entity; or
(g) collect or store personal data about other users without their express consent or in connection with the prohibited conduct and activities; or
(h) interfere, restrict or inhibit any other user from using and enjoying the Services; or (i) delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file posted; or
(j) remove any copyright, trademark or other proprietary rights notices contained in GOtop5; or
(k) use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of GOtop5^TM or collect information about
GOtop5^TM users for any unauthorized purpose; or
(l) submit information that falsely expresses or implies that such content is sponsored or endorsed by GOtop5; or
(m) create GOtop5^TM user accounts by automated means or under false or fraudulent pretenses; or
(n) promote or provide instructional information about illegal activities or promote physical harm or injury against any group or individual; or
(o) transmit any spam, junk mail, chain letters, pyramid schemes, unauthorized advertising, promotional materials, viruses, worms, defects, Trojan horses, or any items of a destructive nature; or
(p) attempt to interfere, disrupt, interrupt, destroy, inhibit or limit the functionality of any computer software or hardware or telecommunications equipment or servers, or networks owned or connected to the Services or belonging or associated with GOtop5^TM; or
(q) use the Services for any illegal or unauthorized purpose or intentionally or unintentionally violate any applicable local, provincial, national or international law; or
(r) collect or provide funds, directly or indirectly, in order to carry out terrorist crimes, contribute to or facilitate the activities of a terrorist group, or instruct anyone to carry out a terrorist activity, including doing any of the foregoing in relation to a listed entity under s.83.05 of Part II.1 of the Criminal Code

9. Proprietary Rights
General - GOtop5^TM retains all rights to its Services. GOtop5^TM contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by GOtop5^TM, you may not copy, modify, publish, transmit, distribute, perform, display, rent or sell, in whole or part any of, or any derivative of GOtop5^TM proprietary information. “GOtop5^TM” trademark and logo and, “find, rate, shop, talk”, are trademarks of GOtop5 Limited. GO top 5^TM or GOtop5^TM does not claim to have ownership or control over any content submitted, posted, displayed by users on it Services. The user or users or a third party licensor of the user or users, as appropriate retain all patent, trademark and copyright to any content he or she individually or collectively, submits, posts or displays on or through GOtop5 ^TMwebsite and the user is responsible for protecting the rights to his, her or their own content. All or any information or content posted or displayed on or through our Services, except for information or content in private groups and or graphics, audio, video or photo content, automatically grants GOtop5^TM a worldwide, non-exclusive, perpetual, irrevocable and royalty-free license to reproduce, modify, adapt, display, distribute, promote and publish such content, in whole or part, publicly, and through our services. Any graphics, audio, video, photo information or content, posted or displayed on or through the GOtop5^TM, automatically grants GOtop5^TM a worldwide, non-exclusive, royalty-free license to reproduce, modify, adapt, display, distribute, promote and publish such content, in whole or part, publicly, and through our services and terminates when such content is deleted from the service. GOtop5^TM reserves the right to syndicate any information or content submitted, posted or displayed by you on or through our Services. The user acknowledges and expressly consents to GOtop5^TM accessing, preserving, and disclosing your account information and user content if required to do so by law or in the good faith belief that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the user agreement; (c) respond to claims that any content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of GOtop5^TM, its users and the public.
International - You agree to comply with all local rules regarding online conduct and content deemed acceptable by this Agreement. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the country in which you reside.

10. Indemnity
You agree to indemnify and hold GOtop5^TM harmless from any and all claims or demands, including reasonable legal fees, made by any third party due to or arising out of information or content you submit, post, transmit or make available through your use of or connection with the GOtop5.com services and or any of GOtop5.com affiliated services, your violation of the Agreement, or your infringement on the rights of others.

11. Storage
GOtop5 Limited cannot guarantee that accounts that have been inactive for more than one year will remain valid. Invalid accounts may be deleted and all information and or contents will be removed from the Services. GOtop5^TM does not assume any responsibility or liability to users or any third party for any restriction, modification, suspension, or deletion of accounts, information or contents removed from its services or website.

12. Merchants and Advertisers
As a service to Users, Merchants, Advertisers, GOtop5^TM allows any User, Merchant and Advertiser to post information, content, audio, video and pictures on a Merchant Board through way of paid subscription. All subscribers to paid services are requested to sign and agree to terms dictated in the Merchant Board Agreement as well as this Agreement. GOtop5^TM does not endorse, recommend any user, merchant or advertiser. GOtop5^TM merely communicates community choices in a variety of ways. Correspondence or business dealings with, or participation in promotions of, advertisers found on or through the any of our Services, including payment and delivery of related goods or services, and any other terms, warranties, representations, or conditions, associated with such dealings, are solely between you and such advertiser. You agree that GOtop5^TM is not responsible or liable for any loss or damage of any sort incurred as a result of such dealings or as a result of the presence of such advertisers on the Service.

13. Links
GOtop5^TM may provide, or third parties may provide, links to other World Wide Web sites or resources. Because GOtop5^TM has no control over such sites and resources, you acknowledge and agree that GOtop5^TM 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, claims, advertising, products, services or other materials on or available from such sites or resources. You further acknowledge and agree that you will not hold GOtop5^TM responsible or liable, directly or indirectly, for any damage or loss caused with all or any interactions with such links.

14. Disclaimer of warranties, representations, and conditions
GOtop5^TM does not claim any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or content displayed in our Services. GOtop5^TM expressly disclaims any and all responsibility and liability for your conduct and for the conduct of others using our Services. You understand that GOtop5^TM products and services are provided "AS IS," with no warranties whatsoever. You understand that GOtop5^TM will not be, as permitted by the fullest extent of the Law, disclaim, all implied and statutory warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. Some states do not allow the exclusion or limitation of implied warranties, so the above disclaimers and exclusions may not apply to you. However, you understand that by using the Services, you agree to waive those rights fully and your use of the services is done so entirely at your own risk.

15. Limitations to claims
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or related to the Agreement against GOtop5^TM must be filed within one (1) year after such claim or cause of action arose or be forever barred.

16. Third party beneficiaries
You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.

17. Violations
You agree to report any violations to our Customer Care Team.

18. Term and Termination
You may terminate your use of the Service immediately at any time, for any reason, by contacting our Customer Care Team. Our proprietary rights, disclaimer of warranties, indemnities, limitations of liability and miscellaneous provisions shall survive any such termination.