Last update: May 18, 2018
GENERAL INFORMATION; ACCEPTANCE OF TERMS
Thank you for visiting and using the website located at: www.revtop.com (“Website”), which is provided by Revenue Digital Ltd (referred to herein as “RevTop”, “We”, “Us”, or “our”). Your use and access of the website is governed by and subject to the following agreements, applicable to you and your use of the website and Service:
“You” means you as a visitor or user to the Website and shall apply to you as an individual and to your business entity if you purport to represent such an entity.
“We/us/our or RevTop” means Revenue Digital Ltd and/or related legal entities.
“Services” means any of the information, links, products or services offered on this Website.
“Your Data” means all electronic data or information submitted by you for the Services.
USE OF SERVICES
We shall: (i) provide to you basic support for the Services and/or the use of the Website, (ii) use commercially reasonable efforts to make the Services and/or the use of the Website available 24 hours a day, 7 days a week, except for: (a) planned downtime (of which we shall give at least 8 hours’ notice via the Website), or (b) any unavailability caused by circumstances beyond our reasonable control, including without limitation, acts of God, acts of government, flood, fire, earthquake, war, civil unrest, acts of terror, strikes or other labor problems (other than those involving our employees), or Internet service provider failures or delays, (c) provide the Services only in accordance with applicable laws and government regulations.
ELIGIBILITY TO USE THE WEBSITE
In order to use the Website, you must: (a) be a natural person, at least 18 years old and able to form a legally binding contract under applicable law; and (b) reside in a jurisdiction where use of the Website is permitted.
RevTop reserves the right to monitor the location from which you access the Website and to block access from any computer which RevTop determines, in its judgment, is located in a jurisdiction where use of the Website is prohibited or restricted.
Without limiting the foregoing, you understand and agree that we reserve the right to, in our sole discretion, deny access to the Website to any person or entity and that we shall have no liability of any kind or based on any theory of law, equity, contract, tort or otherwise, to you or to any third party as a result of any decision we might make to deny you access to the Website.
LICENSE AND PROHIBITED USAGE
All content, including, but not limited to, the descriptions, information, flash files, artwork, text, images, animations, video, audio, logo, slogans, pictures and media files, (collectively, “Website Content”) contained on the Website is owned or controlled by RevTop and may be protected by worldwide copyright and trademark laws. You may access and use the Website Content only for personal, non-commercial purposes. You may not use, change, copy, publish, sell, post, transmit or distribute any Website Content for any other purpose, without RevTop’s express written consent.
Part of your agreement with RevTop is that you will NOT use the Website for any purpose that could be deemed unlawful or is prohibited by the terms, conditions, notices, and policies of RevTop. You agree that all information provided by you is true. You may NOT use the Website in a manner, which could/may damage, disable, overburden, or impair any aspect of the Website or the network or networks connected to the website, or may interfere with any other party's ability to use or enjoy the Website. Any unauthorized attempts to gain access to the website, or other individual accounts, or any computer systems or networks connected to any RevTop Website, through any means, including; hacking, password mining, is strictly prohibited. Further, you may not in any way attempt to obtain any materials or information not intentionally made public/available, through the RevTop Website.
You are prohibited from posting or transmitting to or from this Website any unlawful, threatening, harassing, libelous, defamatory, obscene, pornographic, or other material that would violate any law or expose RevTop to liability. RevTop may delete, remove or destroy any such material at RevTop's sole discretion.
By using the Website, you acknowledge that all information, content and materials contained on the Website (in any form or media, the “Website Materials”) may be protected by one or more copyrights, patents, trademarks, trade secrets, or other proprietary rights owned by RevTop, its affiliates, subsidiaries, third party content suppliers, vendors, licensors or business partners. Except for third party materials which are in the public domain, you may not modify, publish, participate in the transfer or sale of, create derivative works from, or in any other way exploit the Website Materials.
You agree that you shall not attempt to: (a) gain unauthorized access to the Website’s systems, (b) interfere with procedures or performance of the Website, (c) deliberately damage or undermine the Website, or (e) commit fraud with regard to the Website. Your violation of any of the terms of this Section 3 may result in your civil and/or criminal prosecution.
The trademarks, logos, and service marks displayed on the Website whether or not registered (collectively the “Trademarks”), are Trademarks of RevTop, its affiliates, subsidiaries, and/or third parties. You have no right to use the Trademarks in any way and nothing contained on the Website should be construed as granting to you, by implication, estoppel or otherwise, any license or right to use any Trademarks without our written permission or the written permission of the third party that owns the Trademarks.
Your misuse or unauthorized use of any Trademarks or any Website Materials is strictly prohibited. You are hereby advised that we are prepared to aggressively enforce our intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution where appropriate. We will also reasonably cooperate with any third party alleging that such party’s intellectual property rights have been infringed on the Website and shall take such steps as are required by law or otherwise reasonable and necessary to resolve any such complaint.
The Website may contain links to third-party Websites, which are provided by RevTop only as a convenience (“Third Party Content”). Your dealings with Third Party Content are solely between you and the third party. Therefore, you acknowledge and agree that we and our Related Entities are not responsible or liable for the availability of, nor do we or our Related Entities endorse the products or other materials of the Third-Party Content.
DISCLAIMER AND LIMITATION OF LIABILITY
YOU EXPRESSLY AGREE THAT THE USE OF THE WEBSITE AND WEBSITE MATERIALS ARE AT YOUR OWN RISK. THE WEBSITE AND WEBSITE MATERIALS ARE PROVIDED ON AN “AS-IS” BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ANY WARRANTY IMPLIED THROUGH COURSE OF PERFORMANCE OR DEALING, OR USAGE OF TRADE. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT REVTOP DOES NOT WARRANT NOR REPRESENT THAT: (A) THE WEBSITE OR WEBSITE MATERIALS ARE ACCURATE, COMPLETE, FREE FROM VIRUSES OR FREE FROM INFRINGEMENT, (B) THAT THE WEBSITE OR WEBSITE MATERIALS WILL OPERATE CORRECTLY OR ERROR-FREE OR WITHOUT INTERRUPTION, OR (C) THAT YOUR USE OF THE WEBSITE OR WEBSITE MATERIALS WILL NOT INFRINGE ON THE RIGHTS OF THIRD PARTIES.
Without limiting the foregoing, you understand and agree that neither RevTop nor its Related Entities are responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of the Website.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE, OUR PRINCIPALS, OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, CONSULTANTS, AGENTS, SUBSIDIARIES OR AFFILIATES, OR OUR SUBSIDIARIES’ EMPLOYEES AND CONSULTANTS (COLLECTIVELY, “RELATED ENTITIES”) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OR LOSSES, DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR ANY OTHER THEORY, WHICH YOU OR SUCH THIRD PARTY MAY INCUR AS A RESULT OR ARISING FROM YOUR USE OR INABILITY TO USE THE WEBSITE, INCLUDING, WITHOUT LIMITATION, YOUR VIOLATION OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHT BASED ON YOUR USE OF THE WEBSITE OR WEBSITE MATERIALS, DAMAGES TO USERS’ SYSTEMS AND/OR SOFTWARE AND/OR DATA, COMPUTER FAILURE OR MALFUNCTION, COMPUTER VIRUS TRANSMISSION, PERFORMANCE DELAYS OR COMMUNICATION FAILURES OR SECURITY BREACHES.
JURISDICTION AND VENUE
ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION, UNLESS BOTH YOU AND REVTOP ENTITY WITH WHICH YOU HAVE A DISPUTE WITH SPECIFICALLY AGREE TO DO SO IN WRITING FOLLOWING INITIATION OF THE ARBITRATION. THIS PROVISION IS NOT APPLICABLE TO THE EXTENT THIS WAIVER IS PROHIBITED BY LAW.