TopTop's Terms of Service
Last updated： [ August 12, 2022]
The Terms of Service (the "Terms") was written in English (US). These Terms are the legitimate agreement by and between you (people who visit and use our services) and TopTop ("TopTop" or "we"). To the extent any translated version of these Terms conflicts against the English version, this English version prevails. The agreement between you and us includes these Terms, the Privacy Policy and other separate rules displayed in TopTop Services. If there is any conflict between the above-mentioned separate rules and these terms, the separate rules shall prevail.
Summary
TopTop is a free social app provides you a platform to play games and chat with your friends anytime and anywhere. In this app, you can choose to invite your real-life friends into a game party, or play your favorite games with new friends around the world. It is intended to be a fun place to visit and it is important to us (and for you) that it remains a safe and friendly environment, so you agree that you will only use TopTop in a manner consistent with its purpose and which is in accordance with the Terms.
You should read these Terms in full because they apply every time you visit TopTop, and they govern the relationship between the users who interact with TopTop, as well as TopTop brands, products and services (the "TopTop Services" or "Services"). By using or accessing the TopTop Services, you agree to these Terms. However, just in case you ever need a reminder of the main points, here’s some quick basic Terms:
1. We’re not responsible for any materials that you post or address while you are using TopTop and we don’t monitor the contents in your personal devices, but if we find or someone reports your inappropriate activities, we will, in our sole discretions, remove such materials and take restrictive measures on your account.
2. If you are concerned about how your data is being used by TopTop then please refer to our Privacy Policy, which explains how we treat your personal data and protect your privacy when you use TopTop. By using TopTop, you agree that we can use such data in accordance with our Privacy Policy.
3. You will not use TopTop to do anything unlawful, misleading, malicious, or discriminatory.
4. Our Services are only available to users who are 18 years of age (the age of majority as determined by the laws of your location) or older. If you are under the age of majority, please do not use our Services.
These Terms apply whenever you use TopTop, whether or not you have chosen to register with us, so please read them carefully. By accessing, using, registering for or receiving services offered on TopTop, you are accepting and agreeing to be bound by these Terms.
IF YOU DO NOT ACCEPT AND AGREE TO THESE TERMS THEN YOU MUST NOT ACCESS OR USE OUR SERVICES.
1. Privacy
Your privacy is very important to us. We designed our Privacy Policy to make important disclosures about how you can use TopTop to share with others and how we collect and can use your content and information. We encourage you to read the Privacy Policy, and to use it to help you make informed decisions.
2. Account
We provide two ways to register into TopTop, through third-party platform account (e.g. Facebook, Google, Snapchat,etc.) or your phone number. When you create your account, you should provide us with accurate and up-to-date information.
Here are some commitments you make to us relating to registering and maintaining the security of your account:
1) You will not transfer your account to anyone without first getting our written permission.
2) You will not provide any false personal information on TopTop, or create an account for anyone other than yourself without permission.
3) If you fail to comply with any provision of these Terms, or if any actions under your account may cause harm to our Services, infringe upon the rights of any third party, or violate any applicable laws or regulations, we reserve the right to take restrictive measures such as banning or deleting your account. If, as a result of the aforementioned reasons, your account becomes unusable, or the services you have purchased become inaccessible, we bear no responsibility. You shall bear full responsibility for any damages caused to us or third parties due to your violations.
4) You must properly protect your account and not send your account information to others. You agree to be responsible for all actions taken under your account. If you find unauthorized using of your account, please contact us promptly.
5）You may choose to delete your account at any time by following the path within the TopTop App or contacting us via the email address listed in these Terms. Before deleting your account, you must ensure that it meets the following conditions; otherwise, deletion will not be possible:
a. There are no unresolved disputes, reports, or conflicts；
b. There are no pending transactions；
c. There are no situations prohibited by applicable laws and regulations for deletion；
We reserve the right to decide whether your account can be deleted. If fails, we will inform you of the reason. Once your account is successfully deleted, all data associated with your account will be deleted and cannot be recovered, so please consider carefully before you decide to delete your account.
3. Content
You are able to upload/post/send all kinds of things on TopTop, including photographs, messages and other content (the "Content"). You notice and agree that, to protect a good communication and usage environment for TopTop users and to comply with relevant laws and regulations, you must not post the following content that:
1) contains expletives or language which could be deemed offensive or is likely to harass, upset, embarrass, alarm or annoy any other person;
2) is obscene, pornographic or otherwise may offend human dignity;
3) is abusive, insulting or threatening, or which promotes or encourages racism, sexism, hatred or bigotry;
4) encourages any illegal activity including but not limited to, terrorism, judge or insult any country, political parties, political figures or political system, inciting racial hatred or the submission of which in itself constitutes committing a criminal offence;
5) is defamatory;
6) relates to commercial activities (including, without limitation, sales, competitions and advertising, links to other websites or premium line telephone numbers);
7) involves the transmission of "junk" mail or "spam";
8) contains any spy ware, viruses, corrupt files, worm programmes or other malicious code designed to interrupt, damage or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers or other equipment, Trojan horse or any other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal information whether from TopTop or otherwise;
9) itself, or the posting of which, infringes any third party’s rights (including but not limited to, intellectual property rights and privacy rights);
10) shows another person which was created or distributed without that person’s consent;
11) violates these Terms, the provisions of relevant laws and regulations, and that TopTop has reasonable grounds to believe is inappropriate.
We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content posted via TopTop by you and other users or endorse any opinions expressed via the games on our Platform.
You yourself are responsible for any Content you provide, and for any consequences thereof, including the use of your Content by other users. You should only provide Content that you are comfortable sharing with others under these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit. You also represent and warrant that your Content and the use of it will not infringe, misappropriate or violate a third party’s intellectual property and other rights, or result in the violation of any applicable law or regulation.
4. Conduct
We respect other people's rights and do our best to maintain a secure environment in TopTop, and expect you to do the same. You therefore agree not to engage in the conducts described below (or to facilitate or support others in doing so):
(1) Illegal intrusion into the network, interference with the normal function of the network, theft of network data and other activities that endanger the security of the network, to help others to carry out such acts or provide special tools;
(2) Reverse engineering of our Products, taking any action that may lead to the discovery of source code or circumvent measures to prevent or restrict access to any part of our Services;
(3) Attempt to circumvent any content filtering techniques employed by us or attempt to access any feature or area of our Services that you are not authorized to access;
(4) Attempt to interfere with or disrupt the normal operation of the system or website, intentionally spreading malicious programs or viruses and other acts of sabotage that interfere with normal network information services;
(5) Maliciously register accounts, including but not limited to frequent and batch registration of accounts;
(6) Engage in any harassment, threat, intimidation, predatory or stalking behaviour; and
(7) Use our Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms;
(8) Any behavior that violates laws and regulations or infringes on our legitimate rights and interests or those of a third party.
In addition to the foregoing, your access to and use of the Services must at all times comply with these Terms and any other agreements you enter into with us (including TopTop Community Guidelines).
You shall be solely responsible for your conduct. If we discover that you have posted any of the above offending Content or have committed any of the above violations, we reserve the right to investigate such violations and to impose penalties, including but not limited to, removing of the offending Content, temporary or permanent suspension of your account, and prohibition of your re-registration. If your conducts constitute a criminal offense, you agree that we reserve the right to refer the matter and your violation to, and cooperate with, any and all applicable legal authorities.
TopTop pays close attention to the interests, feedback, comments and suggestions of our users. You can contact us via the online customer service in the Platform. We will do our best to help solve any problems you may encounter when using our services. If you choose to send us any ideas about products, services, features, modifications, enhancements, content, improvements, technologies, content offerings or other materials (collectively, "Feedback"), you acknowledge and agree that:
a.We are under no obligation to review, consider, or act upon your Feedback, or to return any Feedback to you, in whole or in part, for any reason whatsoever, and will not compensate you for your Feedback;
b.The Feedback you provide is non-confidential and we are under no obligation whatsoever to maintain the confidentiality of any Feedback you send or to refrain from using or disclosing the Feedback in any way.
5.Virtual Coins
You undertake that you have the capacity to consume independently in accordance with the laws and regulations of your location.
1) TopTop allows users to purchase virtual coins ("TopTop Coins") that can be used to earn rewards in game rooms or to purchase gifts for friends. TopTop Coins can be purchased through online payments. If you choose to pay your bill through a third party payment service provider (such as the Apple Store or Google Play, etc.), we will not process any payments directly. Please note that you must comply with the terms and conditions of the third party payment service provider.
2) Your use of TopTop Coins is limited to lawful purposes within the scope of the Services and must always comply with all applicable laws. The TopTop Coins are not allowed to be traded, exchanged for cash, legal tender, currency of any country, region or any political entity or any other form of credit, or used for any form of investment. If your account is terminated by TopTop for any violation of these Terms or applicable laws and regulations, any unused Coins remaining in your account at the time of termination may be forfeited. You should be responsible for the use of the TopTop Coins in your account.
3) The exchange price of TopTop Coins, the categories and prices of virtual gifts, and also any rules of sale may be amended under our considerations about business operations, legal tender exchange rates and other factors at any time. The specific prices are subject to the actual results displayed on the relevant pages within the product. We do not assume any responsibility for any problems (e.g. price difference, change of gift categories, etc.) caused by the above adjustments. We recommend that you review our Terms and the purchasing rules of TopTop Coins before making any purchase.
4) When the amount of TopTop Coins you have purchased accumulates up to a certain number, we may provide you with certain VIP privilege services, please refer to the content and rules disclosed on the relevant page in TopTop app for details. You understand that we have the right to adjust the conditions for obtaining VIP privileges and the specific content without prior notice to you, and we are not responsible for any loss caused by the adjustment of VIP service contents and rules.
5) If the TopTop Coins have been successfully purchased and credited to your account, we do not support any refund unless it is needed to comply with applicable law.
6. Subscription Services
Service description
TopTop provides users with paid subscription services (i.e. “Diamond Members”) according to product needs. The ownership and related intellectual property rights of TopTop products/services involved in TopTop paid subscription services are owned by TopTop or legally authorized to us (except for the ownership of the physical product, the personal property belonging to the user under the account, and other rights and interests otherwise specified by TopTop). TopTop grants Diamond Members a personal, non-exclusive, non-transferable, non-commercial, and time-limited use license to the above products/services.
1) You can pay the Diamond Members fees through third-party payment service provider (e.g., Apple Store or Google Play, etc.) you chose. We do not directly process any payment, and the payment will be dealt completely by such third-party payment service provider. If you do not have balance in your third-party payment account, you will not be able to complete the payment for your subscription of membership.
2) The paid services provided by TopTop will be strictly implemented in accordance with its Terms and other operating rules. You understand that we reserve the right to unilaterally decide and adjust the paid subscription service content and service method based on our own operating strategy. The content and price of the paid services are based on what is shown on the Platform, so we recommend that you check them carefully before making any purchase. We are not responsible for any damages caused by changes in the content of the paid services.
3) Before purchasing any paid subscription services (including auto-renewal services), you should carefully check the account name, content, price, service period of purchased service and other information. Paid subscription service fees are non-transferable and non-refundable after payment by you.
Procedures to become a diamond member
1) Before becoming a TopTop diamond member, you must now register as a TopTop user based on true, accurate, legal and valid personal information, and apply for a paid subscription service on the basis of successfully logging into your TopTop account, otherwise TopTop has the right to refuse your subscription Diamond Membership application. If you use a third-party account to log in, you should ensure the authenticity, accuracy, legality and validity of the third-party account and the information contained therein. If you cannot successfully log in with the third-party account, you should contact the third party to solve the problem. TopTop will not refund you the paid subscription service fees you have paid and will not compensate you any failure to log in because of you or the third party.
2) After you have completed the TopTop user registration procedure, read and agreed to the entire content of these Terms, paid the membership fee and completed all other procedures to become a TopTop Diamond Member, you will obtain the TopTop Diamond Membership, and you can enjoy the paid subscription services within the paid subscription service period. If you do not agree with any of the aforementioned procedures or content, you should immediately stop the next step. Once you have completed all procedures to become a Diamond Member, it is deemed that you have no objection to all procedures and their contents.
3) You understand and agree that the paid subscription service is limited to the use of the application account; the paid subscription service is an online product and virtual product which should be paid first, and the membership fee is the price of the online product corresponding to the membership service you purchased, rather than prepayment or deposits, deposits, savings cards, etc. Once the paid subscription service is activated, it is not transferable or refundable. You can check the TopTop Diamond Member Center to inquire about your account information details for free, including the period of the activated subscription service and consumption records.
4) You can only use TopTop Diamond Member account and enjoy its paid rights within the authorized scope of our Services. You are solely responsible for properly and correctly keeping, using, and maintaining your diamond member account (including account information and password), and you should take necessary and effective confidentiality measures for the safety of your account. You shall be solely responsible for the tampering of your account information, disclosure of your password, and other losses caused by improper storage, use, and maintenance due to non-TopTop reasons.
Member rights and service fees
1) TopTop Diamond Member benefits, that is, the special services TopTop provides for Diamond Members, including but not limited to member nameplates, chat bubbles and other exclusive privileges. You understand and agree that, different types of Diamond Members enjoy different membership benefits, and the details are subject to the page description on the Platform and the actual provision of TopTop. TopTop has the right to change all or part of the membership rights and applicable user equipment terminals based on its own operating strategy. TopTop will notify you on the corresponding service page or in other reasonable ways regarding the aforementioned equity adjustments.
2) The detailed fee rules of subscription are displayed on the Platform. The subscription period starts from the date you pay the fee and become a Diamond Member. When the membership service period expires, TopTop will cease to continue to provide you with paid subscription services.
3) Please understand that during the Diamond Membership service period, due to the particularity of Internet services, there may be situations that may affect your normal use of services caused by non-TopTop platform intentional actions (including but not limited to troubleshooting, server maintenance, adjustments, upgrades, handling third-party infringement, etc.). TopTop will minimize the impact of these situations on you and ensure your Diamond Member service experience with our greatest endeavor. You understand and agree that TopTop will not be liable for the adverse consequences arising from the above situations, and does not require TopTop to make additional compensation.
About auto-renewal service
1) Auto-renewal service refers to the service launched for Diamond Members' demand for automatic renewal under the premise that users have already activated the paid subscription service, in order to prevent members from losing the relevant rights and interests of Diamond Member accounts if they fail to renew their subscription in time due to negligence or other reasons. If a Diamond Member chooses to activate the auto-renewal service, it means that TopTop is authorized to deduct the fees for the next billing cycle from the balance of the payment account bound with the App Store where you download our TopTop App (e.g. Apple Pay or Google Pay).
2) Auto-renewal service rules:
a. If a Member chooses to activate the auto-renewal service, he/she is deemed to have agreed to authorize TopTop to send a chargeback instruction to the account in accordance with the App Store's chargeback rules when the Member's service period is about to expire, and agreed that the chargeback will be carried out without verifying the password of the Member's account. In the event that the payment password, SMS verification code and other information are consistent, the fees for the next billing cycle will be deducted from the payment account. After successful deduction, TopTop will open the next billing cycle for the Diamond Member and record the successful deduction in the Member's payment record, and extend the membership service period accordingly;
b. Unless the Member voluntarily and explicitly cancels the auto-renewal, the member's auto-debit mandate to TopTop will remain in effect for a long period of time without any limitation on the number of times it can be used;
c. You understand and agree that the auto-renewal service for TopTop paid subscription services, once enabled, can only be canceled by you on your own initiative. Although the subscription service is tied to your account, logging out or having your account blocked, suspended or deleted does not mean that the auto-renewal will stop, and we will still charge the auto-renewal before the expiration of the said service and send you a notification of the transaction through the App Store. If you delete your account, the unused Diamond Membership benefits of the current subscription period will be deemed to be voluntarily given up by you, and the corresponding payment will not be refunded.
3) Cancellation of auto-renewal service:
You may cancel the auto-renewal service at any time and for any reason, and TopTop has provided you with detailed instructions on how to cancel the auto-renewal service, which are available on the Diamond Members’ Center page. You understand that the chargeback rules and the cancellation of the auto-renewal will be handled by the APP Store where you previously subscribed, not by us. You should You can also request assistance through Apple Support or Google Play.You understand and agree that although you cancel the auto-renewal service according to the above mentioned method, the auto-renewal chargeback instruction you made before canceling is still valid. Any deductions we have made during the auto-renewal period will not be refunded. If you cancel your auto-renewal service, you may continue to use member services until the end of your then-current subscription period. When your then-current subscription period expires, the subscription will not be renewed.log in the APP store and follow the instructions to cancel your renewal.
4) The charging standard of paid subscription service (including automatic renewal) is independently determined by TopTop according to its own operation strategy, and will be displayed to you on the Membership fee payment page. If the price of paid subscription service is adjusted before the auto-renewal, it shall be based on the currently effective price published on the TopTop platform. You understand and agree that your continued operation (including but not limited to click to agree, continue to pay, etc.) is deemed to be that you known and agreed to the adjusted charging standard.
7. Intellectual Property
1) The games and any services and/or content contained therein, as well as the TopTop's proprietary assets and any and all intellectual property rights related thereto, including but not limited to the inventions, patents and patent applications, trademarks, trade names, copyrighted materials, graphics, sounds, animations, text, images, designs, specifications, methods, procedures, information, know-how, algorithms, data, technical data, interactive features, source and object code, documentation, interfaces, trade secrets, whether or not registered or registrable (collectively, the "intellectual property rights"), are owned by and/or licensed to the TopTop and are protected by applicable copyright and other intellectual property laws and international conventions. international conventions. All rights not expressly granted to you under these Terms are reserved by TopTop and its licensors.
2) In order for you to use the Services properly, you should comply with these Terms and other regulations relating to intellectual property:
a.Except as expressly permitted by us or our licensors, you cannot sell, resell, commercially use, copy, modify, reproduce, derivative use, distribute, publicly perform or publicly display TopTop Contents, or remove any proprietary rights notices or markings from our Services.
b.Unless you have an explicit permission from TopTop in written form, you are not allowed to use any data mining, robots or similar data gathering or extraction methods to extract the source code, decompile or create other products related to the Services or its software.
8. Limitation of Liability
To the maximum extent permitted by law, we will not be liable for any indirect, consequential, punitive, incidental, special or exemplary damages, including but not limited to, lost profits arising out of your use of the Services, whether based on contract, tort, negligence, strict liability, warranty or otherwise. Except as otherwise expressly provided by law or regulation, our entire liability to you shall at all times be limited to the fees, if any, paid by you to us for the use of the Services during the previous 12 MONTHS.
9. Disclaimer of Warranty
1) Although we make every effort to ensure the continuity and security of our Services, our Services may be affected or interrupted by various factors. You understand and agree that, to the extent permitted by laws and regulations, we shall not be liable for any suspension, interruption, termination or any loss of Services caused by the following circumstances:
a.due to force majeure and other factors, including but not limited to government action, natural disasters, war, strikes, riots, epidemics, etc;
b.due to factors beyond our control, such as power outages, communication network failures, hacker attacks, malicious program attacks, viruses, third party service defects, etc.; and/or
c. due to your personal reasons (e.g. devices, network connection, etc.) for not being able to use the Services.
2) Our services are provided "AS IS" and "AS AVAILABLE" without warranty of any kind, either express or implied, including but not limited to the warranties of merchantability, fitness for a particular purpose, title and non-infringement. In addition, we do not represent or warrant that the Services are accurate, complete, reliable, current, or error-free. You understand and agree that your access and use of our service and adoption of any Content on the Services is under your sole responsibility.
3) We are not responsible for any loss or damage caused by:
a. any changes we make to the Services, or the permanent or temporary suspension of the availability of the Services or of some of the features on the Services;
b. the deletion, corruption or loss of any Content that you upload, post or transmit through the Services;
c. your failure to provide us with accurate account information; or
d. any inaccurate content (including users’ Content) obtained through the Services.
4) The fact that you may be presented with third-party services on our Services does not mean that we have scrutinized all third-party services. We have no control over third-party websites, and we do not provide any warranties with respect to such third-party services. If you choose to access third party services, you do so at your own risk, so please choose carefully after reading their terms of service.
5) Our Services are provided for private scenarios only. You agree not to use our Platform for any commercial or business purposes and we shall not be liable to you for any commercial and business losses.
10. Indemnity
To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold harmless TopTop, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your Content or Feedback posted through or on our Platform; (ii) your use of and access to the TopTop Services; (iii) your violation of these Terms; (iv) your violation, misappropriation or infringement of any rights of another (including intellectual property rights, property rights, and privacy rights). This defense and indemnification obligation will survive even if you stop using our Services or after the termination of these Terms.
11.Termination
You may terminate our Terms with us at any time and for any reason, provided that you delete your account. Should you terminate the Terms, all of your data will be deleted and is not able to be recovered, unless TopTop stores any information in accordance with our Privacy Policy and the applicable laws.
We may suspend or revoke your registration, and terminate your access to or use of the Services for any reason in our sole discretion without prior notice, including if we reasonably believe that you have violated our Terms or you have created a legal risk for us. We are not responsible for any loss or injury resulting from your inability to access or use the Services.
12.Governing Law and Dispute Resolution
These Terms and your access to and use of our Services will be governed by and construed in accordance with the laws of Hong Kong, without regard to the rules of conflict law. If any provisions of the Terms potentially become invalid due to conflict with applicable laws and regulations, these provisions shall be re-interpreted and reapplied in accordance with the principle of being as close as possible to the purpose of these Terms without violating the law. Invalidity of some provisions will not affect the complete validity and effect of other provisions in these Terms.
If we have any dispute with you relating to or arising from these Terms, we will first attempt to resolve it amicably with you. You agree to do the same for us.
In the event that we do not agree on such dispute, the parties agree that any dispute arising out of or in connection with these Terms, including any question relating to the existence, validity, interpretation or termination of these Terms, shall be submitted to and finally resolved by arbitration at the Hong Kong International Arbitration Center ("HKIAC") in accordance with the HKIAC Arbitration Rules then in force. The place of arbitration shall be Hong Kong. The language of the arbitration shall be English.
You understand and agree that you must initiate arbitration or litigation within one year from the date of the occurrence of the facts that arise a dispute arising out of or relating to these Terms. Otherwise, you forever waive your right to bring any claim of any kind or nature based on such facts, and such claim will be permanently barred.
13. Amendments
We may periodically amend these Terms to address Services updates, legal changes, and other factors. We will make commercially reasonable endeavours to notify all the users uniformly of any amendments to these Terms that may materially and substantially affect your rights, for example through notices or pop-ups on the Platform. We also recommend you regularly review these Terms to check for any changes. We will indicate the Last Update date at the top of these Terms and your continued use of our Services after the update date signifies your agreement to the updated Terms. If you do not agree with the amended version of our Terms, you may stop using our Services.
14. About us
You may use our Services by visiting our official website or downloading and installing our applications from our authorized application marketplaces (such as Apple App Store and Google Play, you may check our official website for detail). We cannot guarantee the authenticity and security of versions obtained from unofficial sources, and we are not responsible for any problems arising from the use of unofficial versions of our applications.
Here are some Social Media Network links below you may interest. Thank you for supporting us. If you have any questions, complaints or claims with respect to the Terms or TopTop Services, they should be directed to TopTop via we@toptop.net
Contact us：we@toptop.net
TopTop website：https://www.toptop.net
Apple Store：https://apps.apple.com/us/app/id1475867504?mt=9
Google Play Store：https://play.google.com/store/apps/details?id=com.game.friends.android
Address: FLAT/RM A 12/F ZJ300, 300 LOCKHART ROAD, WAN CHAI, HONG KONG