This website (the “Site”) is operated by top5gadgetreviews.com and email address review@top5gadgetreviews.com. Throughout the Site, the terms “we”, “us” and “our” refer to the Company. The Company offers this Site, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
1.1. When you access or utilize the Website, or engage with the Service (as defined below), you hereby recognize that you have perused, comprehended, and consent to abide by these Terms, alongside adhering to all pertinent laws and regulations concerning your utilization of the Services. By simply using the Service, you are acknowledging your acceptance of these Terms. From that juncture onwards, your use of the Service will be deemed as your agreement to these Terms. It’s important to acknowledge that these Terms establish a legally binding and enforceable agreement between You and Us, which also incorporates the provision for class action waiver and arbitration, as detailed in the dispute resolution section below.
1.2. IF YOU DISAGREE WITH THESE TERMS, PLEASE REFRAIN FROM ACCESSING OR USING THE WEBSITE, OR ENGAGING WITH THE SERVICES IN ANY CAPACITY.
1.3. We retain the prerogative, at our discretion, to modify or update the Terms at any given time. Such modifications will take effect upon the publication of the amended Terms. The most recent alteration will be indicated under the “Last Modified” heading. Subsequent use of the Website indicates your consent to these changes, and you agree to be bound by them. It is advisable to periodically review our Terms to stay informed.
2.1 We reserve the right to refuse service to anyone for any reason at any time.
2.2 You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
2.3 You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
You represent and warrant that you are at least 13 years of age and of legal competence to enter into these Terms. Children under 13 are prohibited from using the Service. In the event that we become aware that a user under the age of 13 has shared any information, we will discard such information. If you have any reason to believe that a child under the age of 13 has shared any information with us, please contact us. If you are under 18, please be sure to read the Terms with your parents or legal guardians and ask questions about things you do not understand.
4. SERVICE COVERAGE
Through our Website, you can access a compilation of daily content that includes articles, images, photos, videos, text, information, blogs, and video clips. This content is generated either by us (“Company Content”) or by third-party partners (“Third Party Content”). When taken together, these categories constitute the entirety of the “Website Content.” This content is derived from diverse sources, topics, and themes, collectively referred to as the “Services.”
5.1. The Website, its Content, and the Services are exclusively intended for your personal, non-commercial use, unless you have obtained our prior written approval. Hereby, you agree not to engage, directly or indirectly, in the following activities:
5.1.1. Creating copies of, altering, dismantling, translating, decompiling, reverse engineering, bypassing, or attempting to derive the source code of the Services. Additionally, you must not try to gain unauthorized access to the Website or its associated systems or networks.
5.1.2. Granting sublicenses, reselling, renting, leasing, assigning, transferring any rights, or commercially exploiting the Website Content to any third party or any portion of it.
5.1.3. Employing the Website or Website Content in fraudulent or unlawful ways. This includes violating the privacy or proprietary rights of third parties, violating export control laws, interfering with or disrupting the integrity or performance of any part of the Website or Service, or engaging in activities that disrupt the provisions of the Service. Furthermore, using them in violation of applicable local, state, national, or international laws, or for unlawful, harmful, irresponsible, or inappropriate purposes.
5.1.4. Utilizing the Website or Service in a manner that breaches any terms of these Terms.
5.1.5. Asserting proprietary rights in the Website Content, materials, or any element derived from them, or altering or obscuring notices of proprietary rights or disclaimers present in any content or materials provided by third parties.
5.1.6. Employing automated means, such as robots, spiders, crawlers, scrapers, or other automatic devices, or manual processes to monitor or copy content within the Website, or extracting information from the Website using these means. Accessing the Website through methods other than our provided interface.
5.1.7. Disrupting, disabling, damaging, or otherwise interfering with security-related features of the Website or Service, attempting to gain unauthorized access to any part of the Website, or interfering with the operation of the Service. This includes transmitting viruses, worms, Trojan horses, or other harmful codes.
5.1.8. Changing or modifying any part of the Service for any purpose.
5.1.9. Overburdening, damaging, modifying, interfering with, or impairing the performance of the Services, or obstructing or disrupting others’ usage of the Services.
5.1.10. Using our name, logo, or trademarks without our prior written consent.
5.1.11. Collecting, storing, or extracting personal data about other users without their explicit permission.
5.2. ANY USE OF THE SERVICES NOT EXPRESSLY PERMITTED UNDER THESE TERMS IS STRICTLY FORBIDDEN AND MAY RESULT, AT OUR SOLE DISCRETION, IN THE SUSPENSION OR TERMINATION OF YOUR ACCESS TO THE SERVICE.
6.1. We have no control over Third Party Content and do not exercise editorial or programming control over it. Here’s what you should understand:
6.2. We might provide links to third-party websites or services not owned or operated by us (“Third Party Sites”). When you enter these Third Party Websites, you are bound by their terms of service and privacy policies, which can be found on those respective sites. We are not directly or indirectly responsible or liable for any losses or damages incurred due to your use of or reliance on any content, goods, or services from these Third Party Sites. Certain features of the Service might require you to agree to additional terms and conditions of Third Party Sites. You’re responsible for accepting and complying with these terms whenever you use or access such Third Party Sites. Some services offered by our approved partners may come with a fee or require payment.
7.1. The user generated content (“UGC”), refers to a wide variety of media content that is produced, submitted and uploaded by you and by other users as opposed to content made by us. The UGC shall include, among other images, comments, posts, texts, icons, links, opinions and feedback provided by you and by other users, etc. You hereby undertake and agree that the UGC uploaded by you may not violate any applicable law, including but not limited to: (a) contain hateful content, including any content that might encourage or suggest violence of any kind including but to limited to violence and racism based on religion, discriminatory, age, gender identity, sexual orientation, ethnic, nationality and ethnic origin; (b) contain adult and pornography content, including, any content that is sexual by its nature such as images containing nudity or sexual language such as descriptions of sexual acts or any content which contains alcohol-related or other mature content (including advertisements); (c) contain any content or engages in a behavior which may infringe in any way third party intellectual property, including but not limited to patents, copyrights, logos, tradenames, trademarks trade secrets etc.; (d) contain any content or engage in any activity that shall infringes the right to privacy including but not limited to the use of celebrities’ images or names as well as the use of children’s images or names, or include any Personal Information on you or other users’; and (e) contain any content which includes unauthorized commercial communications as well as advertising, spam, incentivized or other way promoting any service or product.
7.2. By submitting, posting, or displaying UGC through the Services and by uploading to the Service, you grant Us with a worldwide, non-exclusive, royalty-free, transferable license (with right to sub-license) to view, use, display, distribute, reproduce, distribute, prepare derivative works of, display, make available to the public any part of the UGC uploaded by you in connection with including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any channel. Furthermore, you grant each user of the Service, a worldwide, non-exclusive, royalty-free license to access your UGC through the Service, to download, use, reproduce, distribute, prepare derivative works of, and display to the extent permitted by the functionality of the Service and under these Terms.
7.3. IF WE BELIEVE, IN OUR SOLE DISCRETION, OR WE DISCOVER THAT THE UGC PROVIDED BY YOU VIOLATES OR MAY VIOLATE ANY OF THE AFORESAID, WE WILL HAVE THE SOLE AND ABSOLUTE RIGHT TO REMOVE, DELETE AND BAND SUCH UGC, OR INFORMATION. WE MAY ALSO RESTRICT YOUR ACCESS OR USE OF THE SERVICES. YOU ACKNOWLEDGE THAT THE WE MIGHT MONITOR THE UGC AND MAY REMOVE ANY PART THEREOF AT ITS SOLE DISCRETION. NONETHELESS, WE HAVE NO OBLIGATION TO MONITOR THE UCG AND THE RESPONSIBILITY AND LIABILITY WITH RESPECT TO THE UCG AND ITS COMPLIANCE WITH THE LAW IS OBLIGED ON YOU.
Except as expressly granted in these Terms, we retain all right, title ownership and interest in and to the Service and Website or Website Content (excluding UGC and Third Party Content and Sites), copyrights and trademarks, product names, and trade names as well as any content provided or made available in connection with the Service and Website (excluding Third Party Content) to the fullest extent possible under applicable law. We reserve all rights in and to the Service and the Website which are not expressly granted herein.
9.1. We operate a clear copyright policy in relation to any UGC which is alleged to infringe the copyright of a third party (“Copyright Policy”). Our copyright policy follow the Digital Millennium Copyright Act of 1998 (“DMCA”). We will respond at reasonable time to claims of copyright infringement committed using the Website that arereported. In the appropriate circumstances and under our sole discretion, we may disable or terminate the Accounts of Users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of third parties.
9.2. Submit a Complaint: If you are a copyright owner, or are authorized to act on behalf of one, and you believe in good faith that any UGC or any part of any of the content available throughout the Service has been used or exploited in a manner that infringes or violates any work or other intellectual property you own or control or of third party in which you are authorized to act on its behalf, please report the alleged copyright infringements taking place on or through the Services by submitting a DMCA Notice of Alleged Infringement (“Complaint”) and delivering it to Us.
9.3. You can submit a Notice by:
Providing the following information to us:
(a) Identify the copyrighted work or material that you claim has been infringed, and information reasonably sufficient to permit us to locate the material and verify its existence, including at a minimum, its location, if applicable the URL of the link(s) shown on the Website where such material may be found and screenshots. If multiple copyrighted works are covered by this Complaint – you may provide a representative list of the copyrighted works that you claim have been infringed.
(b) Provide your contact information – name, mailing address, telephone number, and, if available, email address.
(c) Include both of the following statements in the body of the Complaint:
“I hereby state that I have a good faith belief that the disputed use of the copyrighted material or reference or link to such material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
“I hereby state that the information in this Complaint is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
(d) A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed.
Deliver this Notice, with all items completed, to us via review@top5gadgetreviews.com
9.4. Be sure to consider whether fair use, fair dealing, or a similar exception to copyright applies before you submit the Complaint. Please remember by submitting a Compliant you will be initiating a legal process, hence, please do not make any false claims.
9.5. Upon receipt of a valid Complaint, our policy is to remove or disable access to any content or UGC that we believe in good faith is infringing or violating the copyrights or other intellectual property rights of any third party, and to notify the alleged infringer that we have removed or disabled access to such content. In addition, we reserve the right to terminate the Users’ access to the Service if a User has been determined to be a repeat infringer. A repeat infringer is a user who has been notified of infringing activity more than twice.
9.6. What if I received a Notice?
If you receive a Notice of Complaint (“Notice”) it means that certain User Content that you have uploaded to the Website has been deleted from the Website at the request of the content’s owner or authorized licensee. If you want us to forward the information from the Notice, please email us via review@top5gadgetreviews.com
9.7. If you believe in good faith that the content was removed in error, you have the option to file a counter-notice (“Counter Notice”) by following the steps below. When we receive a valid Counter Notice, we may remove the complaint from your record (at our discretion).
You Counter Notice should include all of the following:
(a) Your contact information – name, mailing address, telephone number, and, if available, email address.
(b) DMCA ID printed at the bottom of the notification email.
(c) The source address of the content that was removed (copy and paste the link in the Counter Notice).
(d) A statement under penalty of perjury that you have a good faith belief that the content was removed in error.
(e) A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed.
9.8. Please email your Counter Notice via review@top5gadgetreviews.com If a proper Counter Notice is received by us, we may send a copy thereof to the original complaining party and inform him/her that that We may replace the removed material or cease disabling access to it. Unless we first receive notice from the copyright owner of the allegedly infringed work(s) or his/her agent that such person has filed an action seeking a court order to restrain the alleged infringer from engaging in infringing activity relating to the referenced material on the Website, We may, at our sole discretion, replace such material and cease disabling access to it within ten (10) business days or more, following receipt of the Complaint, at our discretion.
9.9. Please note that when you provide us a Complaint or a Counter Notice, we are relying on the information that you have provided us. Any person who knowingly misrepresents that the material or activity is infringing, shall be liable for any damages, including costs and attorneys’ fees, incurred to the alleged infringer, to any copyright owner, copyright owner’s authorized licensee or to Us, who is injured by such misrepresentation. Please remember that there are legal and financial consequences for fraudulent or bad faith submissions. Before submitting a Complaint or a Counter Notice, be sure that you are the actual rights’ holder of the content or that you have a good faith belief that the material was removed in error, and understand the repercussions of submitting a false claim.
We are dedicated to safeguarding the privacy of our users. Hence, we manage and retain user data exclusively to facilitate and offer the Service. To learn more about our data handling procedures, please refer to our Privacy Policy.
11. DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITIES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW WE MAKE NO WARRANTY OR REPRESENTATION, EITHER EXPRESSED OR IMPLIED WITH RESPECT TO WEBSITE, WEBSITE COTNET, SERVICE, AND ANY UGC, INCLUDING THE QUALITY, PERFORMANCE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. THE WEBSITE AND SERVICE ARE PROVIDED “AS IS” OR “”AS AVAILABLE” AND YOU ARE ASSUMING THE ENTIRE RISK AS TO THEIR QUALITY AND PERFORMANCE. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, DIRECT, INDIRECT, EXEMPLARY, PUNITIVE OR TORT DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES RESULTING FROM LOSS OF USE, LOSS OF DATA, LOSS OF PROFITS, LOSS OF BUSINESS, OR DIMINUTION OF VALUE ARISING OUT OF, IN CONNECTION WITH, RELATED TO OR ARISING IN ANY MANNER OUT OF THE USE OF, OR THE INABILITY TO USE, OR ANY DECISION OR ACTION TAKEN IN RELIANCE UPON, THE SERVICE, WEBSITE OR WEBSITE CONTENT, AND WHETHER BASED IN TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE ARE OR HAVE BEEN EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU BECOME DISSATISFIED IN ANY WAY WITH THE WEBSITE YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP YOUR USE OF THE SERVICE OR WEBSITE. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST WE, AND ITS AFFILIATES, AGENTS, REPRESENTATIVES AND LICENSORS ARISING OUT OF YOUR USE OF THE WEBSITE OR SERVICE OR ANY CONTENT AVAILABLE THEREIN.
You agree to indemnify and hold Us and our subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any alleged claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your access to or use of the Service or Website. The user is solely responsible for his or her actions when using Service or Website.
The availability and functionality of the Services depends on various factors, including software, hardware and communication networks that are provided by third parties. These factors are not fault-free. We do not warrant that the Services will operate without disruption, errors or interruptions, or that it will be accessible, or available at all times or be immune from errors or unauthorized access. We reserve the right to add additional features to the Service or to provide updates, upgrades or programming fixes; We have no obligation to make available to you any subsequent versions of the Services. Additionally, we shall have no obligation to provide support or maintenance for the Services under these Terms. However, we may, at our sole discretion, provide limited technical support, upgrades and updates for the Services. In order to enhance and further develop the Website or Services we may automatically download and install updates and upgrades from time to time. You hereby agree to receive such updates and upgrades as part of your use of the Services. In the event, we believe that such updates or upgrades shall materially affect your use of the Services, we will make best efforts to notify you
At any time, you may stop using the Service or ceasing to access the Website. We reserve the right, at any time, to: (i) discontinue, terminate, suspend or modify any aspect of Service or Website; or (ii) terminate these Terms and your use of the Website with or without cause, and shall not be liable to you or any third party for any of the foregoing. We do not assume any responsibility with respect to, or in connection with, the termination of these Terms or the Service. These Terms will automatically terminate if you fail to comply with these any of its requirements. Upon any termination, you agree to stop using the Service and exit the Website.
15.1. For any dispute, you have with us, you agree to first contact us via review@top5gadgetreviews.com and attempt to resolve the dispute with us informally. If we were not able to resolve the dispute with you informally, we each agree by this enforceable Terms, to resolve any claim, and unless otherwise required by a mandatory law dispute or controversy arising out of or in connection with or relating to the Terms by the laws of the Republic of Lithuania. Any disputes/disagreements arising out of these Terms and/or our Services shall be settled by the competent courts of the Republic of Lithuania, although we reserve the right to bring proceedings against you for breach of these User Terms in your country of residence or any other relevant country.
15.2. We may transfer all of our rights and obligations under these Terms without your consent only insofar that such a transfer of rights and obligations does not worsen your situation under these Terms. You cannot transfer any rights and obligations under these Terms without our prior written consent, and any illegal transfer of said rights and obligations shall be null and void.
THESE TERMS, CONSTITUTE THE ENTIRE UNDERSTANDING BETWEEN THE PARTIES WITH RESPECT TO THE USE OF THE SERVICE OR WEBSITE OR ANY PORTION THEREOF. IF ANY PART OF THESE TERMS IS FOUND VOID AND UNENFORCEABLE, IT WILL NOT AFFECT THE VALIDITY OF THE BALANCE OF THE TERMS, WHICH SHALL REMAIN VALID AND ENFORCEABLE ACCORDING TO ITS TERMS. NO AGENCY, PARTNERSHIP, JOINT VENTURE, EMPLOYEE-EMPLOYER OR FRANCHISER-FRANCHISEE RELATIONSHIP IS INTENDED OR CREATED BY THESE TERMS. YOU MAY NOT ASSIGN OR OTHERWISE TRANSFER BY OPERATION OF LAW OR OTHERWISE THESE TERMS OR ANY RIGHT OR OBLIGATION HEREIN. WE EXPRESSLY RESERVE OUR RIGHT TO ASSIGN OR TRANSFER THESE TERMS AND TO DELEGATE ANY OF OUR OBLIGATIONS HEREUNDER AT OUR SOLE DISCRETION. HEADINGS ARE FOR REFERENCE PURPOSES ONLY AND DO NOT LIMIT THE SCOPE OR EXTENT OF THE RELEVANT SECTION. OUR FAILURE TO ACT WITH RESPECT TO A BREACH BY YOU OR OTHERS DOES NOT WAIVE OUR RIGHT TO ACT WITH RESPECT TO SUBSEQUENT OR SIMILAR BREACHES. WE SHALL NOT BE DEEMED IN BREACH OF THESE TERMS IF WE ARE UNABLE TO COMPLETE THE SERVICES OR ANY PORTION THEREOF BY REASON OF EARTHQUAKE, LABOR DISPUTE, SHORTAGES, RIOTS, INSURRECTION, FIRES, FLOOD, STORM, EXPLOSIONS, EARTHQUAKES, INTERNET OUTAGES OR ANY ACT OF GOD OR ANY LOCAL, STATE, FEDERAL, NATIONAL OR INTERNATIONAL LAW, GOVERNMENTAL ORDER OR REGULATION OR ANY OTHER EVENT BEYOND OUR CONTROL.
We reserve the right to suspend, remove, restrict or disable your access and use to parts or all of the Service at any time and without notice or liability, at our sole discretion. In no event, will we be liable for the suspension, removal, and restriction or disabling of the user access or use of the Services or to any feature available therein.
If you have any questions about these terms, or wish to report violators of these Terms, contact us via review@top5gadgetreviews.com
Designed to help users make confident decisions online, this website contains information about a wide range of products and services. Certain details, including but not limited to prices and special offers, are provided to us directly from our partners and are dynamic and subject to change at any time without prior notice. Though based on meticulous research, the information we share does not constitute legal or professional advice or forecast, and should not be treated as such.