TERMS OF SERVICE
The gist:
The Webd.top — website is fully owned and operated by an Australian Business trading as KDSOFT registered with ABN 16 620 832 286.
We (the folks at KDSOFT) run a web directory called Webd.top and would love for you to use it. There is no fee to be paid to access the website by the users, but we offer PAID service to those customers who would like to publish their basic website information via Featured Listings. However, we would like you to follow all our terms & conditions, including our ‘Editorial Policy’ — which specifically bans websites related to spam, viruses, or serious threats of violence etc
If you find any website listing that you believe violates these Terms of Service, please report to us at admin@Webd.top.
Terms of Service:
The following terms and conditions govern all use of the Webd.top website and all content, services and products available at or through the website, including, but not limited to, Webd.top and the Webd.top — ‘Featured Listing’ service, (taken together, our Services). Our Services are offered subject to your acceptance without modification of all the terms and conditions contained herein and all other operating rules, policies (including, without limitation, KDSOFT’s Privacy Policy https://Webd.top/privacy) and procedures that may be published from time to time by KDSOFT (collectively, the “Agreement”). You agree that we may automatically upgrade our Services, and these terms will apply to any upgrades.
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the website, you agree to become bound by the terms and conditions of this agreement. 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 and conditions are considered an offer by Webd.top, acceptance is expressly limited to these terms.
Our Services are only offered to users 18 years of age or older. If you are under 18 years old, please do not register to use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 18 years of age or older.
Webd.top
Your Webd.top Account and Featured Listing. If you are a Featured Listing Customer — then you become responsible for such a listing which must not describe or assign keywords to your website/listing in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and KDSOFT may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause KDSOFT liability. You must immediately notify KDSOFT of any unauthorized uses of your listing, your account or any other breaches of security. KDSOFT will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
Responsibility of Contributors.
If you are a Featured Listing Customer and make metadata available via your website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of what form the Content takes, which includes, but is not limited to text, photo, video, audio, or code. By using Webd.top, you represent and warrant that your Content and conduct do not violate these terms. By submitting Content to KDSOFT for inclusion on your website, you grant KDSOFT a world-wide, royalty-free, and non-exclusive licence to reproduce, change, adapt and publish the Content solely for displaying, distributing, and promoting your listing.
If you would like us to delete this Content, KDSOFT will use reasonable efforts to remove it from Webd.top, but you acknowledge that caching or references to the Content may not be made immediately unavailable. Without limiting any of those representations or warranties, KDSOFT has the right (though not the obligation) to, in KDSOFT’s sole discretion, (i) refuse or remove any content that, in KDSOFT’s reasonable opinion, violates any KDSOFT policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of Webd.top to any individual or entity for any reason. KDSOFT will have no obligation to provide a refund of any amounts previously paid.
By making Content available, you represent and warrant that:
the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party; if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content; you have fully complied with any third-party licences relating to the Content, and have done all things necessary to successfully pass through to end users any required terms; the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content; the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing); the Content is not pornographic, does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party; your listing is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
your listing is not named in a manner that misleads your readers into thinking that you are another person or company. For example, you’re listing’s URL or name is not the name of a person other than yourself or company other than your own; and you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Webd.top or otherwise.
Payment and Renewal.
Please refer to the Featured Listing page regarding this section.
Refund and Cancellation.
Please refer to the Featured Listing page regarding this section.
Restrictions on Use.
Without limiting the generality of these Terms, in using the Services, you specifically agree NOT TO ENGAGE in any activity that, in our sole discretion:
• Is harmful, threatening, abusive, harassing, tortious, indecent, defamatory, discriminatory, vulgar, profane, obscene, libellous, hateful or otherwise objectionable;
• Constitutes an inauthentic or knowingly erroneous review, or does not address the goods and services, atmosphere, or other attributes of the business you are reviewing.
• Contains material that violates the standards of good taste or the standards of the Services;
• Violates any third-party right, including, but not limited to, right of privacy, right of publicity, copyright, trademark, patent, trade secret, or any other intellectual property or proprietary rights;
• Accuses others of illegal activity, or describes physical confrontations;
• Is illegal, or violates any federal, state, or local law or regulation;
• Attempts to impersonate another person or entity;
• Disguises or attempts to disguise the origin of Your Content, including but not limited to by: (i) submitting Your Content under a false name or false pretences; or (ii) disguising or attempting to disguise the IP address from which Your Content is submitted;
• Constitutes a form of deceptive advertisement or causes, or is a result of, a conflict of interest;
• Is commercial in nature, including but not limited to spam, surveys, contests, pyramid schemes, postings or reviews submitted or removed in exchange for payment, postings or reviews submitted or removed by or at the request of the business being reviewed, or other advertising materials;
• Asserts or implies that Your Content is in any way sponsored or endorsed by us;
• Contains material that is not in English or, in the case of products provided in foreign languages, the language relevant to such products;
• Falsely states, misrepresents, or conceals your affiliation with another person or entity;
• Accesses or uses the account of another user without permission;
• Distributes computer viruses or other code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or electronic communications’ equipment;
• Interferes with, disrupts, or destroys the functionality or use of any features of the Services or the servers or networks connected to the Services;
• “Hacks” or accesses without permission our proprietary or confidential records, those of another user, or those of anyone else;
• Violates any contract or fiduciary relationship (for example, by disclosing proprietary or confidential information of your employer or client in breach of any employment, consulting, or non-disclosure agreement);
• Decompiles, reverse engineers, disassembles or otherwise attempt to derive source code from the Services;
• Removes, circumvents, disables, damages or otherwise interferes with security-related features, or features that enforce limitations on use of, the Services;
• Violates the restrictions in any robot exclusion headers on the Services, if any, or bypasses or circumvents other measures employed to prevent or limit access to the Services;
• Collects, accesses, or stores personal information about other users of the Services;
• Is posted by a bot;
• Modifies, copies, scrapes or crawls, displays, publishes, licences, sells, rents, leases, lends, transfers or otherwise commercialize any rights to the Services or Our Content; or
• Attempts to do any of the foregoing.
You acknowledge that we have no obligation to monitor your — or anyone else’s — access to or use of the Services for violations of the Terms, or to review or edit any content. However, we have the right to do so for the purpose of operating and improving the Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with the Terms and to comply with applicable law or the order or requirement of legal process, a court, consent decree, administrative agency or other governmental body.
You may not use the Webd.top to substantially replicate products or services offered by KDSOFT, including the republication of Webd.top content or the creation of a separate publishing platform. If KDSOFT believes, in its sole discretion, that you have violated or attempted to violate these conditions or the spirit of these terms, your ability to use and access our service may be temporarily or permanently revoked, with or without notice.
Responsibility of Website Visitors.
KDSOFT has not reviewed, and cannot review, all the material, including listings, images, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, KDSOFT does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. KDSOFT disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
Requests for Removal of Links.
Webd.top consist of listing information that has been identified, reviewed, indexed and compiled by after our editorial due diligence. KDSOFT occasionally receives requests from people to remove links from its indices. Although KDSOFT reserves the right to address such requests individually, the general principles for such actions are:
KDSOFT would consider on a case-by-case basis requests to remove the link to a site from its indices. KDSOFT may remove links if either (i) a site owner restricts access to his or her website or (ii) a site is taken down from the web, or (iii) a site is placed in an inappropriate category (iv) a site’s content has changed significantly then, upon receipt of a request by the site owner or a third party in any instance. Contact should be made with Team Support at admin@Webd.top to submit a request for a site link removal.
KDSOFT reserves the right, at our sole discretion, to remove links or to take no action on your request.
Content Posted on Other Websites.
We have not reviewed, and cannot review, all the material, including computer software, made available through the websites and webpages to which Webd.top links, and that link to Webd.top. KDSOFT does not have any control over those non-Webd.top websites and webpages, and is not responsible for their contents or their use. By linking to a non-Webd.top website or webpage, Webd.top does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Webd.top disclaims any responsibility for any harm resulting from your use of non-Webd.top websites and webpages.
Copyright Infringement and DMCA Policy.
As KDSOFT asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Webd.top violates your copyright, you are encouraged to notify KDSOFT. KDSOFT will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. KDSOFT will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of KDSOFT or others. In the case of such termination, KDSOFT will have no obligation to provide a refund of any amounts previously paid to KDSOFT.
Intellectual Property.
This Agreement does not transfer from KDSOFT to you any KDSOFT or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with KDSOFT. KDSOFT, Webd.top, the Webd.top logo, and all other trademarks, service marks, graphics and logos used in connection with Webd.top, or the Website are trademarks or registered trademarks of KDSOFT or KDSOFT’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or licence to reproduce or otherwise use any KDSOFT or third-party trademarks.
Changes.
KDSOFT reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. KDSOFT may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Security.
We care about the security of our users. While we work to protect the security of your content and account, KDSOFT cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorized use.
Termination.
KDSOFT may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Webd.top account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Indemnity.
You agree to indemnify and hold harmless KDSOFT and its officers, directors, employees and agents, from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defense of claims, suits or proceedings brought by third parties), in any way related to (a) your access to or use of our Services, (b) your User Content, or (c) your breach of these Terms.
Disclaimer.
The Services and all included content are provided on an “as is” basis without warranty of any kind, whether express or implied.
KDSOFT SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. While every effort is made in good faith to ensure the appropriateness of listings information on this website, KDSOFT does not give any warranties nor accept any liability whatsoever with respect to correct completion or use of the listings. KDSOFT cannot guarantee and assumes no legal liability or responsibility for the accuracy, currency, completeness, relevance or interpretation of the information presented on the website. KDSOFT does not accept any legal liability for any injury, loss or damage incurred by the use of, or reliance on, the information in this website.
Use of the website is at your own risk, and we are not responsible for any damages arising from the website being inaccessible to any user of the website. KDSOFT also does not endorse nor assume any responsibility for the quality. Content or integrity of any advertising on the website or any other linked websites. While it takes reasonable care when providing links, the KDSOFT accepts no responsibility for any material contained in external sites linked to this website. When using the links provided, you are solely responsible for making yourself aware of which organisation hosts that site, and for making your own decisions about the accuracy, currency, reliability and correctness of information contained in those linked sites.
Limitation of Liability.
UNDER NO CIRCUMSTANCES SHALL KDSOFT BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER’S USE OR MISUSE OF OR RELIANCE ON THE SERVICES. ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF KDSOFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SERVICES, FROM INABILITY TO USE THE SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF SERVICES RECEIVED THROUGH OR ADVERTISED ON THE SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SERVICES. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE SERVICES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING AN FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
KDSOFT TOTAL LIABILITY ARISING OUT OF ANY TYPE OF LEGAL CLAIM (WHETHER IN CONTRACT, COURT OR OTHERWISE), SHALL BE LIMITED TO ANY AMOUNTS YOU MAY HAVE PAID TO KDSOFT AND, IN THE ABSENCE OF ANY SUCH PAYMENT, KDSOFT SHALL HAVE NO LIABILITY.
Without limiting the foregoing, under no circumstances shall KDSOFT, its employees or any members of KDSOFT Editing Team be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
Governing Law and Jurisdiction.
The Terms of this Website shall be governed by and construed in accordance with the laws of the state of Victoria, Australia and the Courts of Victoria, Australia shall have exclusive jurisdiction to determine any dispute in connection with such terms or use of the Website.
General Terms
Notification Procedures and changes to these Terms.
KDSOFT reserves the right to determine the form and means of providing notifications to you, and you agree to receive legal notices electronically if we so choose. We may revise these Terms from time to time and the most current version will always be posted on our website. If a revision, in our sole discretion, is material we will notify you. By continuing to access or use our Services after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using our Services.
Assignment.
These Terms and any rights and licences granted here under, may not be transferred or assigned by you, but may be assigned by KDSOFT without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
Entire Agreement/severability.
These Terms, together with the Privacy Policy and any amendments and any additional agreements you may enter into with KDSOFT in connection with the Services, shall constitute the entire agreement between you and KDSOFT concerning the Services. If any provision of these Terms is deemed invalid, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
No Waiver.
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and KDSOFT’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
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