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Terms of Use

Terms of Use

The following Terms of Use introduce your obligations when using the related websites of TOPCMM. You can review our Privacy Policy as well, which shows our obligations and practices in order to handle any personal information that you may meet.


1. ACCEPTANCE OF TERMS

The web pages are available at TOPCMM.com, 123flashchat.com, 123livehelp.com and all linked pages ("Site"), are owned and operated by TOPCMM Software Limited ("TOPCMM"), and it is accessed by you under the Terms of Use described below ("Terms of Use").

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE PRODUCTS OR SERVICES. BY ACCESSING THIS SITE OR USING ANY PART OF THE SITE OR ANY CONTENT OR SERVICES (AS EACH IS DEFINED BELOW) ON THE SITE, YOU AGREE TO BECOME BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS, THEN YOU MAY NOT ACCESS THE SITE OR USE THE CONTENT OR ANY SERVICES IN THE SITE. TOPCMM'S ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL OF THESE TERMS AND CONDITIONS, TO THE EXCLUSION OF ALL OTHER TERMS; IF THESE TERMS AND CONDITIONS ARE CONSIDERED AN OFFER BY TOPCMM, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.


2. MODIFICATIONS OF TERMS OF USE

TOPCMM has the right to modify or replace the Terms of Use at any time. If the alterations constitute a material change to the Terms of Use, TOPCMM will notify you by posting an announcement on the Site. What constitutes a "material change" will be determined at TOPCMM's sole discretion, in good faith and using common sense and reasonable judgment. You shall be responsible for reviewing and becoming familiar with all modifications. Use of the Services by you following such notification constitutes your acceptance of the terms and conditions of the Terms of Use as modified.


3. PROPRIETARY RIGHTS

TOPCMM, 123FLASHCHAT, 123LIVEHELP, 123WEBMESSENGER and 123 PPV SOFTWARE logos, and other identifying marks of TOPCMM shall remain the trade-marks, trade names and exclusive property of TOPCMM, and any unauthorized use of these marks is unlawful. Other trade-marks on this website are the property of their respective owners. All content on this website, including without limitation all programs, complied binaries, interface layout, interface text, documentation and graphics, is the copyrighted property of TOPCMM and is protected by international copyright law. The content on this website may not be taken out of context or presented in a misleading or discriminatory manner. Any rights which don't expressly grant to you are reserved by us.


4. USER CONDUCT

You agree to follow all applicable laws and regulations when using this website. Furthermore, you agree that you shall not:

1. upload, post or otherwise transmit through or to this website any content that:

a). is unlawful, abusive, threatening, harmful, obscene, lewd, offensive, defamatory or otherwise objectionable;
b). might infringe the intellectual property rights, privacy rights, rights of publicity, or other proprietary rights of others;
c). contains any viruses, trojan horses, time bombs, or any other harmful programs or elements;

2. disrupt, place unreasonable burdens or excessive loads on, interfere with or attempt to gain unauthorized access to any portion of our website, its computer systems, servers or networks;

3. provide false information about yourself to us, impersonate any other person, or otherwise attempt to mislead others about your identity or the origin of any content, message or other communication;

4. transmit junk mail, chain letters, or other unsolicited bulk e-mail or duplicative messages;

5. collect information about other visitors to our website without their consent or otherwise systematically extract data or data fields, including without limitation any financial data or e-mail addresses;

6. sell access to or the use of this website, including any content contained on, downloaded or accessed from this website, except as specifically permitted in writing by TOPCMM;

7. redistribute any content, including financial data, provided by us in any manner whatsoever including by means of printed publication, fax broadcast, web pages, e-mail, web newsgroups or forums, or any other electronic or paper-based service or method;

8. intentionally alter the format in which financial data is provided by us or otherwise circumvent our regular interfaces to such data.

TOPCMM may remove any Content and TOPCMM accounts at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content), or for no reason at all. To report Terms of Use abuse, please email: support@123flashchat.com You are solely responsible for your interactions with other users of the Site. TOPCMM reserves the right, but has no obligation to monitor disputes between you and other users.


5. INDEMNITY

You agree to indemnify, defend and hold us and our affiliates, business partners, officers, directors, employees and agents harmless from any loss, liability, claim, demand, damage, or expense (including reasonable legal fees) asserted by any third party relating in any way to your use of this website or breach of these Terms of Use. We reserve the right to assume the exclusive defence and control of any matter subject to indemnification by you, which shall not excuse your indemnity obligations.


6. WARRANTY DISCLAIMERS

TOPCMM expressly disclaims any warranty for 123FLASHCHAT, 123LIVEHELP, 123WEBMESSENGER and 123 PPV SOFTWARE. 123FLASHCHAT SUITE AND ANY RELATED DOCUMENTATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF 123FLASHCHAT SUITE PRODUCT REMAINS WITH YOU.


7. LINKS

The Services may provide, or third parties may provide, links to other World Wide Web sites or resources. Because TOPCMM has no control over such sites and resources, you acknowledge and agree that TOPCMM 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, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that TOPCMM shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.


8. LIMITATION OF LIABILITY

IN NO EVENT WILL TOPCMM BE LIABLE TO YOU FOR ANY LOSS OF USE, INTERRUPTION OF BUSINESS, OR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY, OR OTHERWISE, EVEN IF TOPCMM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.


9. TERMINATION

TOPCMM may terminate or suspend any and all Products/ Services and your TOPCMM account immediately, without prior notice or liability, if you breach any of the terms or conditions of the Terms of Use, or if you or your competitors have jeopardised TOPCMM interests in any way. Upon termination of your account, your right to use the Products/ Services will immediately cease. All provisions of the Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.


10. TRADEMARKS

TOPCMM, 123FLASHCHAT, 123LIVEHELP, 123WEBMESSENGER, 123 PPV SOFTWARE and other TOPCMM graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks of TOPCMM in China and/or other countries. TOPCMM's trademarks may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion. The images and icons available on the TOPCMM website may only be used by partner and third party sites in connection with providing appropriate "Provider: TOPCMM" links to the TOPCMM site.

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