Top Nine - Terms & Privacy
At Top Nine, we recognize the sensitivity of the confidential information that you share with our service, and we are firmly committed to protecting your privacy. Your personal information belongs to you alone, and we do not make any claims to own it when you share it with us. We do not sell or rent it to anyone. We are vigilant about preventing unauthorized people from gaining access to it. This policy explains our information gathering and dissemination practices.
How we collect and use information
We collect information in three ways: (1) you share information using the service, (2) you may purchase something from us, and you would give us credit or debit card information to do that, and (3) we collect some information automatically.
We reserve the right to remove any information posted to any Top Nine application for any reason. Normally, we would only do this if we believe, in our judgment, that posted information: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances; or (vii) simply isn’t appropriate for a family audience.
We may collect information about your device, including but not limited to your IP address, operating system and browser type, for system administration and in order to create reports. This is statistical data about our users’ browsing actions and patterns, and does not identify any individual.
The only cookies in use on our site are for Google Analytics and Facebook. Google Analytics is a web analytics and marketing tool that helps website owners directly market to and understand how visitors engage with their website. Google Analytics customers can view a variety of reports about how visitors interact with their website so that they can improve it.
Personal information that you give us
The basic personal information we collect from customers who order from Top Nine includes:
• Full name
• A valid and verifiable address
• A valid and verifiable email address
• A valid and verifiable phone number
• Your digital content
Access to your data is limited to our authorized staff and is restricted by our own internal password protection mechanisms. We will not disclose your personal information, such as email addresses and phone numbers, to any third parties.
Financial Information that you give us
To facilitate payment, we will request certain required personal information from you, including your personal credit card or debit card information.
When you order a product from our application, we will collect the following personal and financial information from you:
• Billing address
• Shipping address
• Phone number
• Credit/debit card information
• Items purchased
We will not share this financial information with anyone outside of our company, other than the financial institutions involved in processing your payment. We will comply in all respects with applicable consumer credit laws.
Information we collect automatically
In addition to the personal information you may provide to us as described above, we automatically collect non-personal information to make Top Nine, and its applications, work better for you. This non-personal information is not associated with information that can identify you. This information helps us evaluate how users and members use our service, such as data analysis, carrying out internal research on how our website is used, audits, developing new products and services, improving our services, identifying usage trends and determining the effectiveness of promotional campaigns.
The technologies we use to gather this non-personal information include:
• IP Addresses: IP addresses define the Internet location of computers and help us better understand the geographic distribution of our members and manage the performance of our website. We use your IP address to help diagnose problems with our server, and to administer our website.
• Web logs: To learn about how people use our website, we examine Web logs, which show the paths people take through our site and how long they spend in certain areas. We also use Web logs to detect the type of Web browser you are using so that we can optimize the performance of our Web site and understand the mix of browsers used by our members.
We place great importance on the security of all personally identifiable information associated with our members. We have security measures in place to attempt to protect against the loss, misuse or alteration of member data under our control. For example our security and privacy practices are periodically reviewed and enhanced as necessary and only authorized personnel have access to personal information. We use secure server software to encrypt financial information you input before it is sent to us. While we cannot guarantee that loss, misuse or alteration of data will not occur, although we use commercially reasonable efforts to prevent this.
Your Privacy Rights
When would Top Nine share your personal information with others?
We will share your personal information only in the following ways:
• Top Nine personnel and authorized consultants and/or contractors may have access to user information if necessary in the normal course of Top Nine business.
• Under the protection of appropriate agreements, we use third parties to perform various tasks for us. For example, we will use third parties to process payments from you and to help manage our website and relationships with you. These third-parties are only given access to that information needed to perform their support functions, and are prohibited from using it for other purposes.
• If Top Nine, or substantially all of its assets, were acquired, user information would be one of the assets that are transferred.
• Except as noted elsewhere in this policy, we will contact you when your personal information is shared with third parties or used for a purpose incompatible with the purpose(s) for which it was originally collected, and you will be able to opt out to prevent the sharing of this information.
You may remove your information from Top Nine at any time.
Just send a request to firstname.lastname@example.org. Please allow an appropriate amount of time for us to respond, though we will do all we can to act promptly.
You may “opt out” of email notifications.
By default, we will send you an email notification when:
• You submit an order
• Your order is shipped
Email notifications may vary depending on your usage of Top Nine. You can opt-out of any Top Nine notifications either by following the “unsubscribe” links at the bottom of the email.
Changes and updates
Terms of Service
These Terms and Conditions define your rights, responsibilities and benefits as a Member of this Service. By using this Service, you accept these Terms and Conditions in full. If you disagree with these Terms and Conditions in whole or part, you must not use this Service.
We reserve the right to change these Terms and Conditions at any time. Your continued use of the Service after any change is made to these Terms and Conditions indicates your acceptance of that change. If you don’t want to be bound by any change to these Terms and Conditions, you must not use this Service.
1. Service Description; Eligibility
Top Nine, and its applications, are internet services (the “Service”, “we”, “our” or “us”). “You” or “your” means an adult user of any of the services for yourself, and you as parent or guardian for any child under the age of 13 who you expressly invite to join a Group, for whom you will be held liable and strictly responsible. The Service is generally intended for adults.
2. Use of Service; Security Obligations
You are responsible for all usage that originates from your account. Failure to provide us with accurate, complete and updated information will constitute a breach of this Agreement.
3. Limited Use License
You are licensed to use for personal use only (a) the Service, and (b) the photos and other materials (“Content”) which are owned by you and which appear as part of the Service.
When you post Content to the Service, you are granting us a limited license to host that Content and distribute that Content. The Service is not intended or licensed for commercial use. Any commercial use of the Service is prohibited.
4. Acceptable Use
You agree not to use the Service:
• for any unlawful purposes;
• to upload, Post, order for print, email or otherwise transmit or any material that is or promotes conduct that is obscene, offensive, blasphemous, pornographic, unlawful, threatening, menacing, abusive, harmful, defamatory, libelous, vulgar or illegal, that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, that “stalks”, harasses or advocates harassment of another person, or that is otherwise objectionable, in each case as determined by us in our discretion;
• to upload, Post, order for print, email or otherwise transmit or any material that provides instructional information about illegal activities; this may include, but is not limited to, information about making or buying illegal weapons or providing or creating computer viruses;
• to upload, Post, order for print, email or otherwise transmit or any material that infringes any copyright, trademark, patent or other intellectual property right or moral right of any person, including Top Nine, or that constitutes an invasion of the privacy or publicity rights of another;
• to upload, Post, order for print, email or otherwise transmit or communicate any material that you do not have a right to transmit or communicate or that promotes an illegal or unauthorized copy of another person's copyrighted work; this may include, but is not limited to, providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;
• to harm minors in any way; this may include, but is not limited to, uploading, posting, ordering for print, emailing or otherwise transmitting or communicating any content that violates child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct;
• to forge headers or otherwise manipulate identifiers in order to disguise the origin of any content posted to, or otherwise communicated or transmitted through the Service;
• to upload, Post, email or otherwise transmit any material which is likely to cause harm to our or anyone else's computer systems, including but not limited to that which contains any virus, code, worm, data or other files or programs designed to damage or allow unauthorized access to the Service that may cause any defect, error, malfunction or corruption to the Service;
• for any activity that involves the transmission of “junk mail,” “chain letters” or unsolicited mass mailing or “spamming”;
• to promote information that you know or believe to be false or misleading;
• for any commercial purpose;
• to impersonate any person or entity, including, but not limited to, an official of Top Nine, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity; or
• to provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the U.S. government as a foreign terrorist organization pursuant to Section 219 of the Immigration and Nationality Act;
Even though all of the actions described above are strictly prohibited, it is possible that another user may violate these policies and that you may become exposed to material of the type described above. You waive your right to any damages, whether from us or from any third party, arising from or related to such exposure.
You further agree that:
• You are solely responsible for the Content that you submit, post, publish, display, transmit or communicate (collectively, “Post”) on or using the Service.
• You will not interfere with or disrupt, or attempt to interfere with or disrupt, the Service or any servers, networks or equipment connected to or employed in conjunction with the Service, or disobey any requirements, procedures, policies or regulations relating to this Service;
• You will not provide any information to us that is false or misleading, that attempts to hide your identity or that you do not have the right to disclose; and
• You will not use email, or any other communication information, from us or our affiliates to create “spam” emails.
5. User Content
You always own the Content that you Post with us (unless someone else owns it, in which case we may need to remove it – see “Acceptable Use” above). You retain all your rights in Content that you Post. If you want to remove it, you can at any time. Our use of your Content is limited to the purposes stated in our Privacy Statement.
Members may post and share Content with individuals and Groups, and may comment on Content shared with them. If you post Content, you affirm, represent and warrant to us that you own or have all rights necessary to post the Content, and to authorize us to use – in accordance with the limited license above – the Content to provide the Service in the ordinary course in the manner contemplated by the Terms and Conditions. You acknowledge that we have the right, but not the obligation, in our sole discretion, to review, refuse to host and/or remove, any Content that is Posted to or available via the Service. Specifically, and without limiting the foregoing, you acknowledge that we may, but have no obligation to, remove Content that we determine, in our sole discretion, is unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or which violates any party's intellectual property rights, our site Terms and Conditions or applicable law. Activity or content which appears, in our sole judgment, to violate the law will be brought to the attention of the proper authorities.
6. Member Disputes
You are solely responsible for your interactions with other users or Members of the Service. We reserve the right, but have no obligation, to monitor or to attempt to resolve any dispute or disagreement between you and other Members. We disclaim any liability to any Member arising from or in connection with any such dispute.
All brand, product and service names, including any images or logos, used in conjunction with this Service which identify Top Nine are, in each case, proprietary marks of Top Nine. Nothing in this Service shall be deemed to confer on any person any license from Top Nine with respect to any such brand, product or service name, image or logo.
Please review our Privacy Statement.
9. Service Availability
We employ reasonable measures to try to ensure that the Service is available on a 24 hours a day, 7 days a week basis. However, there will be occasions when the Service will be interrupted for maintenance, upgrades for emergency repairs or due to the failure of telecommunications links or equipment or other circumstances that are beyond our control. Reasonable steps will be taken by us to minimize such disruption where it is within the reasonable control of Top Nine. From time to time, and without notice to you, Top Nine may add or delete certain features or function from the services we provide. You agree that Top Nine shall not be liable to you for any modification, suspension or discontinuance of any of its Services.
10. Liability Disclaimer
The information, products and services included on this Service may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Top Nine, and its third party suppliers, provide all Content in its Services “AS IS”, and without any warranty of any kind.
NEITHER WE NOR OUR THIRD PARTY SUPPLIERS MAKE ANY REPRESENTATIONS CONCERNING THE SUITABILITY, RELIABILITY OR ACCURACY OF THE CONTENT OR THE SERVICE FOR ANY PURPOSE. WE AND OUR THIRD PARTY SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED, IN CONNECTION WITH THE CONTENT AND THE SERVICES, INCLUDING CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN THE CASE OF GOODS OR SERVICES PURCHASED VIA THE SERVICE, ANY WARRANTY IS SUPPLIED BY THE MANUFACTURER AND WE PROVIDE NO SUCH WARRANTY. IN NO CASE WILL WE OR OUR THIRD PARTY PROVIDERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL OR OTHER DAMAGES INCLUDING, WITHOUT LIMITATION, LOST OR DELAY OF USE, LOST PROFITS, LOSS OF DATA OR ANY OTHER DAMAGE IN CONTRACT, TORT, EQUITY OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY THEREOF.
Credit card charges will be processed within 24 hours after you complete an order. Any products included in your order will be shipped promptly thereafter. We may change our prices at any time and from time to time.
12. Special Admonitions for International Use
Recognizing the global nature of the Internet, you agree to comply with all applicable local laws, including but not limited to those regarding online conduct, privacy, copyright and content. Specifically, and without limiting the foregoing, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
Except to the extent specifically provided above under “Special Admonitions for International Use”, this Agreement is governed by the law of the State of Washington, without regard to any otherwise applicable conflicts of law principles, and the federal law of the United States of America. Any action to enforce this Agreement shall be brought in the federal or state courts located in Seattle, WA.