Terms of Service

Last Updated: October 2023

Welcome to throb.top. These Terms of Service ("Terms") govern your access to and use of the throb.top website and any related services, features, content, or applications offered by throb.top (collectively, the "Service"). Please read these Terms carefully before using the Service.

By accessing or using the Service, you agree to be bound by these Terms and our Privacy Policy. If you disagree with any part of the Terms, you may not access or use the Service.

1. Acceptance of Terms

The Service is provided by throb.top ("we," "us," or "our"). By accessing, browsing, or otherwise using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. These Terms constitute a legally binding agreement between you and throb.top.

We reserve the right to modify, update, or replace these Terms at any time at our sole discretion. It is your responsibility to check this page periodically for changes. Your continued use of the Service following the posting of any changes constitutes acceptance of those changes. The "Last Updated" date at the top of this page will indicate when the latest revisions were made.

2. Use of Service

2.1 Eligibility

You must be at least 13 years of age to use the Service. If you are under 18, you represent that you have your parent or guardian's permission to use the Service and that they have read and agree to these Terms on your behalf. By using the Service, you represent and warrant that you have the right, authority, and capacity to enter into this agreement.

2.2 License to Use

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for your personal, non-commercial use.

2.3 Prohibited Conduct

You agree not to engage in any of the following prohibited activities:

• Using the Service for any illegal purpose or in violation of any local, state, national, or international law.
• Harassing, abusing, threatening, or intimidating other users or our personnel.
• Interfering with or disrupting the integrity or performance of the Service or the data contained therein.
• Attempting to gain unauthorized access to the Service, user accounts, computer systems, or networks connected to the Service.
• Using any robot, spider, scraper, or other automated means to access the Service for any purpose without our express written permission.
• Bypassing measures we may use to prevent or restrict access to the Service.
• Uploading or transmitting viruses, worms, or any other malicious code.
• Impersonating any person or entity, or falsely stating or misrepresenting your affiliation with a person or entity.

We reserve the right to investigate and prosecute violations of any of the above to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms.

3. User Responsibilities

3.1 Account Security

If the Service requires you to create an account, you are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.

3.2 Your Content

If the Service allows you to post, upload, store, share, or otherwise submit content ("User Content"), you retain ownership of any intellectual property rights that you hold in that content. However, by submitting User Content, you grant throb.top a worldwide, perpetual, royalty-free, sublicensable, and transferable license to host, store, use, display, reproduce, modify, and distribute such User Content for the purpose of operating, promoting, and improving the Service.

You are solely responsible for your User Content and the consequences of posting or publishing it. You represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish the User Content you submit and that such User Content does not violate any third-party rights.

3.3 Third-Party Links and Services

The Service may contain links to third-party websites or services that are not owned or controlled by throb.top. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that throb.top 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 the use of any such content, goods, or services available on or through any such websites or services.

4. Intellectual Property

The Service and its original content, features, and functionality are and will remain the exclusive property of throb.top and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of throb.top.

You acknowledge that the Service may contain content provided by third parties and that such content is protected by copyright, patent, trademark, trade secret, or other proprietary rights and laws.

If you believe that your intellectual property rights have been infringed by content on the Service, please contact us at the email address provided below with detailed information about the alleged infringement.

5. Limitation of Liability

5.1 Disclaimer of Warranties

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THROB.TOP EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that (i) the Service will meet your specific requirements, (ii) the Service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Service will be accurate or reliable, or (iv) the quality of any products, services, information, or other material obtained by you through the Service will meet your expectations.

5.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THROB.TOP, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON