Terms of Use
Welcome to https://top10incorporate.com/ (together with its Content, the “Site”), to which One Web Logic Ltd. (“We”) provides you (“You”) limited access. Please read the following Terms of Use (these “Terms”) carefully before using this Site so that You are aware of Your legal rights and obligations with respect the Site.
1. Scope
The Site is a comparison site, the main purpose of which is providing high quality reviews and content with respect to certain products and services of Our advertisers and other brands. We might (but shall have no obligation to) provide you with comparison charts, articles, blogs, opinions, links and other content and information regarding the aforesaid products and services, which We believe are of interest to You. Access to the Site is provided to You free of charge. We are able to do so by receiving compensation from brands We list in the Site.
2. Your Acceptance
By using or visiting this Site in any manner, You signify Your consent and agreement to and acceptance of these Terms. These Terms apply to all users of the Site.
3. Eligibility
You affirm that You are over the age of eighteen (18), as the Site is not intended for children under eighteen (18).
4. Site Use
A. You will not in any manner copy, distribute, display or modify any part of the Site; transmit any Content which contains software viruses or other harmful computer code, files or programs; disrupt servers or networks connected to the Site; or otherwise harm the Site or Us.
B. You agree not to use or launch any automated system, including, without limitation, “robots”, “spiders” and “offline readers”, that accesses the Site in a manner that sends more request messages to Our servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. You agree not to collect or harvest any personal information, including, without limitation, account names or e-mail addresses, from the Site, nor to use the communication systems provided by the Site for any commercial purposes.
C. We have the right to terminate Your access to the Site or Your account, in Our sole discretion, immediately and with cause (including, without limitation, in the event that You breach applicable law or these Terms or perform any actions or omission detrimental to Us or the Site in any manner) or without cause.
D. You shall comply with all applicable laws, including, without limitation, any export control law, in connection with the access, use and/or transmission of the Site and/or any Content and/or otherwise.
E. Your access to the Site shall be subject to Your engagement of telecommunications providers, the terms and conditions of its agreements therewith and the rates and fees of such providers, all of which are the sole responsibility of Yours.
5. Intellectual Property Rights
You acknowledge that any software and related documentation that may be available to access from, and/or is related to, the Site (the “Software“) is the copyrighted work of Ours or licensed to Us and You may use it solely for the purposes expressly permitted on the Site. Any copying, reproduction or redistribution of the Software is expressly prohibited. The content on the Site, including, without limitation, the text, reviews, recommendations, ratings, documents, articles, brochures, descriptions, software, graphics, photos, sounds, videos, interactive features, interfaces and other items (the “Content”), and the trademarks, service marks and logos contained therein (the “Marks”), are owned by or licensed to Us. Content on the Site is provided to You for Your information and personal use only and may not be used, copied, distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled or otherwise used or exploited for any other purposes whatsoever. You agree not to circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Site. You hereby grant Us a perpetual, irrevocable, worldwide, fully transferable, sub-licensable, non-revocable, fully paid-up, royalty free license to use and/or exploit in any manner the feedbacks, suggestions and ideas of and/or provided by You in connection with the Site.
6. Privacy & Disclosure
A. If you submit any information to Us, then We may use your information (including, without limitation, through our third-party service providers) to improve our services to you, to contact you, and/or to identify and/or authenticate your access to the Site. However, We will only process Your personal data in accordance with applicable data protection laws, including the GDPR and CCPA, to the extent applicable.
B. Subject to any terms and conditions in our Privacy Policy, We shall have the right to access, read, preserve, use and disclose any information, including, without limitation, information provided to Us by You, as We reasonably believe is required in order to (a) satisfy any applicable law, legal process, governmental request or the like, (b) enforce these Terms, including, without limitation, investigation of potential violations of it, (c) detect, prevent or otherwise address fraud, security or technical issues, (d) respond to user support requests, (e) protect the rights, property or safety of Ours, the Site, its users or the public, or (f) engage in any other activities described in our Privacy Policy or otherwise permitted by applicable data protection laws, including, without limitation, the GDPR and CCPA.
C. We may use Anonymous Information (as defined below) or pseudonomized information, as defined within applicable privacy laws, to improve our services and enhance your experience with the Site and its services. To the extent permitted by applicable law, We may also disclose such pseudonomized or Anonymous Information (with or without compensation) to third parties, including, without limitation, clients, advertisers and partners, for business purposes, including, but not limited to, targeting advertisements. “Anonymous Information” means information, which does not enable identification of an individual user, such as aggregated information about the use of our Site and services. Pseudonymization is defined as processing personal data in a way that no longer allows the data to be attributed to a specific data subject without the use of additional information. The additional information is kept separately and subject to technical and organizational measures to ensure that it is not easily accessible to unauthorized individuals. We will take measures to ensure that any pseudonymized or Anonymous Information cannot be used to identify You as an individual.
E. With respect to use of Your private data, please refer to Our Privacy Policy, which is a part of these Terms and provides further information on how We collect, use, disclose and protect your personal data in accordance with applicable data protection laws, including the GDPR and CCPA, to the extent applicable.
7. Third Party Items
The Site contains, refers to, enables access to, and/or communicating and/or interaction with, and/or requires use of or access to, third party products, software, hardware, systems, applications, telecommunication services, other services, websites, content, advertisements and/or other items (all together, “Third Party Items”). In addition to these Terms, You hereby undertake to read, and hereby agree to be bound by, and fully comply with, all agreements, terms, conditions, rules, guidelines, policies etc. in connection with any Third Party Items. We do not warrant or endorse in any way, and will not have any liability or responsibility whatsoever, and you hereby irrevocably waive any claims against Us, in connection with any Third Party Items and/or any actions, practices, terms, policies, intellectual property, usefulness safety, appropriateness of or related to any Third Party Item.
8. Content
A. We attempt to be as accurate as possible. However, We cannot and do not warrant that the Content (including, without limitation, prices and promotions) available on the Site is accurate, complete, reliable, current, updated or error-free. We reserve the right to make changes in or to the Content or any part thereof, per Our sole judgment, without the requirement of giving any notice prior to or after making such changes to the Content. Your use of the Content or any part thereof is made solely at your own risk and responsibility.
B. You understand that by using the Site and/or Third Party Items, You may encounter, be exposed to, be displayed or be made available Content that may be deemed offensive, indecent or objectionable. We shall not have any responsibility or liability for any Content and you hereby waive any claims in connection with the Content. We shall have no responsibility or liability for any harassing, threatening, defamatory, offensive, infringing or illegal messages or transmissions that You may receive as a result of using the Site. You agree that the Site contains and/or displays Content, information and material that is protected by applicable intellectual property and other laws, including, but not limited to, copyright law, and that You will not use such Content, information or materials in any way whatsoever, except for the specific purpose for which it is provided to You pursuant to these Terms, and/or in any manner that is inconsistent with these Terms or that infringes any intellectual property and/or like rights. No portion of the Site and/or any Content, information and material as aforesaid may be reproduced by You in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, post, upload, publish, encode, transmit in way or create derivative works based on the Site and/or any Content, information and material as aforesaid, in any manner, and You shall not exploit the Site and/or any Content, information and material as aforesaid in any unauthorized way whatsoever, including, but not limited, to transmit any computer viruses, worms, Trojan horses or other malware, by trespass or burdening network capacity. You further agree not to use the Site and/or any Content, information and material as aforesaid in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate any rights. In the event that We suspect any of the foregoing, We may erase any content referred to in Section 8(B) or any portion thereof and/or report You to law enforcement authorities.
C. We shall have no responsibility for content communicated, authored, uploaded, posted, provided, generated, transmitted or stored by You and/or anyone on behalf of You and/or through and/or in connection with Your access or use of the Site; We do not undertake to control any content as aforesaid and do not have any obligation to monitor such content for any purpose; You are solely responsible for any content that may be lost or unrecoverable through access to or use of the Site; We shall have no liability in connection with any content backup. You shall timely provide all required and appropriate warnings, information and disclosures in connection with any content referred to in this 8. You hereby grant Us (and each user of the Site) a perpetual, irrevocable, worldwide, fully transferable, sub-licensable, non-revocable, fully paid-up, royalty free license to use, host, distribute, publish and display any content as aforesaid. Notwithstanding any other provision, We may disclose any information, including, without limitation, any content as aforesaid, necessary or appropriate, in the Our discretion, to satisfy Our legal duties, protect Us and/or Our clients, advertisers and/or users and/or operate the Site properly. You confirm that all information and data You provide to Us, including, without limitation, with respect to your account and Your registration for email updates, is correct, true, accurate and full. If any such information or data becomes incorrect, inaccurate, misleading or false, You will immediately update Your account details and Us in writing. We do not undertakes to publish any consent as aforesaid, shall have the right to monitor, edit and/or remove any of it and do not guarantee confidently thereof. You warrant that you have the right to act with the consent as aforesaid and authorize us to act as contemplated by these Terms with respect thereto.
D. The Site does not necessarily perform any virus-checking or other scanning for harmful code. The Company may, but has no obligation to, monitor any Content and/or engage technological measures to detect and prevent use of the Site not in compliance with these Terms. The Company, in its sole discretion, may remove, or refuse to remove, or require users to remove, any content, in whole or in part, which the Company believes to be unacceptable, undesirable, inappropriate and/or in violation of these Terms.
9. Limitation of Liability and Warranty
A. THE SITE (INCLUDING, WITHOTU LIMITATIUON, THE CONTENT) IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT GUARANTEE THAT THE SITE WILL BE FREE OF BUGS, SECURITY BREACHES, VIRUS ATTACKS AND/OR THE LIKE OR THAT IT WILL ALWAYS BE AVAILABLE. IN ADDITION, WE WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO ITS USERS THAT MAY RESULT FROM TECHNICAL PROBLEMS OF THE INTERNET, SLOW CONNECTIONS, TRAFFIC CONGESTION, OVERLOAD OF SERVICES ETC. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SECURITY OF ANY INFORMATION YOU MAY PROVIDE OR ACTIVITIES YOU ENGAGE IN DURING THE COURSE OF YOUR USE OF THE SITE. WE DO NOT WARRANT, ENDORSE OR GUARANTEE, OR HAVE ANY RESPONSIBILITY REGARDING, ANY CONTENT, PRODUCT, OR SERVICE THAT IS FEATURED OR ADVERTISED ON THE SITE. WE SHALL NOT BE LIABLE FOR ANY ACT OR OMMISION OF ANY USER OR THIRD PARTY. IF YOU HAVE A DISPUTE WITH ANY OTHER USER OF THE SITE, YOU AGREE THAT WE ARE NOT LIABLE FOR ANY CLAIMS OR DAMAGES ARISING OUT OF OR CONNECTED WITH SUCH A DISPUTE. WE RESERVE THE RIGHT, BUT HAVE NO OBLIGATION, TO MONITOR ANY SUCH DISPUTE. UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY LOSS OF PROFITS, GOODWILL OR REPUTATION, OR ANY OTHER SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE SITE AND ITS SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES AND LOSSES SHALL NOT IN ANY CIRCUMSTANCES EXCEED AN AGGREGATE OF THE AMOUNT PAID BY YOU, IF ANY, IN THE 6 (SIX) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, FOR ACCESSING AND USING THE SITE. WE WILL HAVE NO LIABILITY IN CONNECTION WITH DAMAGES RESULTING FROM EVENTS BEYOND OUR REASONABLY CONTROL. ANY LIMITATION ON OUR LIABILITY SHALL NOT DEROGATE IN ANY MANNER FROM AND SHALL BE IN ADDITION TO ANY OTHER LIMITATION ON OUR LIABILITY.
B. We endeavor to provide You valuable information regarding products and services featured and/or reviewed in the Site. However, in order to be able to provide such information to You at no fee, we might receive commissions from some advertisers and/or brands when a user that we referred to Our advertiser purchase a product/service and/or other compensation from advertisers and/or brands. This influences which products and/or services we write about, ‘comparison page score’ and their position on our pages. Note that Our editorial reviews are based on Our own independent assessment of the products and services that we review and Our own opinions.
C. We shall have no liability in connection with any direct or indirect use of the Site for any illegal purpose and/or any use of a VPN for any unlawful purpose, such as downloading torrents.
10. Indemnity
You shall defend, indemnify and hold harmless, Us and Our respective officers, directors, employees and representatives, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including, but not limited to, attorney’s fees) arising from: (i) Your use of the Site; (ii) any content referred to in Section 8(B); and/or (iii) Your violation of these Terms.
11. Assignment
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned in any manner by You, but may be assigned by Us without restriction.
12. General
We reserve the right to discontinue or modify any aspect of the Site at any time. These Terms are governed by and construed in accordance with the laws of the State of Israel, without regard to its principles of conflict of laws. You and Us agree to submit to the exclusive jurisdiction of the courts located in Tel-Aviv – Jaffa and You waive any jurisdictional, venue and/or inconvenient forum objections to such courts. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or a waiver of any other term and a party’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Any legal proceedings with respect to any claim You may have in connection with these Terms or the Site not initiated within 6 (six) months from the date of the occurrence of the event giving raise to such claim. These Terms shall not derogate in any manner from the rights and remedies of Ours under applicable law. We reserve the right, at our discretion and at any time, to modify these Terms without any prior notice. All provisions in these Terms in Our favor shall survive the expiration of these Terms for any reason. You acknowledges that any breach of these Terms will cause material damages to US and that in the event of any breach or predicted breach as aforesaid, We shall be entitled to equitable relief, such as an injunction, in addition to any other remedies We may be entitled to under these Terms and/or applicable law.