Terms and Services


1. Preamble


These are official terms and conditions and form a legally binding agreement between you and topgaana (“we”, “us”) regarding your use of the internet website located at https://www.topgaana.com (the “Website”).
 



2. Access


By accessing the Website, you certify that: 

◦ you are at least 18 years of age or the age of majority under the laws of your state, province or country; 

◦ you are using the Website solely for personal, non-commercial purposes; 

◦ you will not copy or distribute any part of the Website without our prior written authorization;

◦ you will not alter, delete, add or change or edit any of these terms and conditions, and any such attempted alteration shall be void and of no effect



3. User Submissions






A. We allow our users to submit audio file and the hosting, sharing, and/or publishing of such submissions (“Submissions”). You shall be solely responsible for your own Submissions and the consequences of posting or publishing them. In connection with your Submissions, you affirm/warrant that: 


• your Submission is compliant with all applicable laws.


• you retain all of your ownership rights in your Submissions. However, by submitting the material to us, you grant a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, modify, adapt, transmit, translate, distribute, prepare derivative works of, publicly display, and publicly perform the Submission in connection with the Website and business; and 


• the posting of your Submission on or through the Website does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person; and 


• you agree to pay for all royalties, fees, and any other monies owing any person by reason of any Submissions posted by you to or through the Website; 




 
 B. You further agree that you will not:

• submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Topgaana all of the license rights granted herein; 


• allow any third party, whether or not for your benefit, to reproduce, use, copy, modify, adapt, translate, create derivative works from, display, perform, publish, post, distribute, sell, license, upload, transmit, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party website) or otherwise exploit, any Content, including member Submissions, without our express prior written consent; 


• publish falsehoods or misrepresentations that could damage Topgaana or any third party; 


• use or launch any automated system that accesses the Website in a manner that sends more request messages to our servers in a given period of time than a person can reasonably create in the same period by using a conventional on-line web browser; 


• collect or harvest any personally identifiable information, including account names, from the Website; 


• to solicit, for commercial purposes, any users of the Website with respect to their Submissions; 


• post advertisements or solicitations of business;

• impersonate another person. 



C. We do not endorse any user Submission, and expressly disclaim any and all liability in connection with user Submissions. Topgaana does not permit copyright infringing activities or infringement of intellectual property rights on its Website. If you are a copyright owner or an agent thereof and believe that any user Submission or other content infringes upon your rights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by email us on [email protected]:

◦ an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest;


◦ a description identifying the material claimed to have been infringed and that is to be removed or access to which is to be disabled, and the location where the original or an authorized copy of the material exists (for example, the URL of the page of the website where it is lawfully posted; the name, edition and pages of a book from which an excerpt was copied, etc.); 


◦ information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number and, if available, an electronic mail; 


◦ a statement that you have a good faith belief that use of the material, in the manner complained of, is not authorized by its rightful owner, its agent, or the law; and 


◦ a statement that the information in the notification is accurate, and under penalty of perjury, that you are the rightful copyright owner or that your are authorized to act on behalf of the owner’s behalf. 
 The Counter-Notification Process


When a user’s video submission has been removed pursuant to a DMCA take-down notice, the Website shall notify the user of this removal.
Pursuant to the Website’s repeat infringer policy, the user then has five (5) days to submit a counter-notification to the Website, explaining why the original take-down notice was sent in error. The Counter-Notification may be sent to the email the user originally received a notice from ([email protected]).


For the Website to consider a user’s counter-notification, it must include the following:

1. A physical or electronic signature of the user.
2. Identification the material that has been removed by providing one or more URLs where the material was previously available.
3. A statement under penalty of perjury that the user has a good-faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
4. The user’s name, address, and telephone number.
5. A statement that the user consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, for any judicial district in which the Website may be found.
6. A statement that the user will accept service of process from the person who sent the notice of alleged infringement or an agent of such person.

Counter-notifications that do not satisfy all of these elements are ineffective and will not be considered by the Website. Failure to provide effective counter-notification when a takedown notice is issued for a video posted by a user’s account will result in a strike against the user’s account; three strikes, as described on this page, will lead to the termination of a user’s account under the Website’s repeat infringer policy.


CONTENT OWNERS (CHANNEL) AND TAKE-DOWN REQUESTS
In order to protect content owners from abusive take-down requests, or requests sent in error, we do not automatically disable videos that are owned by a content owner (channel). If such a notice was sent through the online form for copyright infringements, the sender will automatically receive an email warning him that such links pertaining to a channel were found, and will be requested to email us with more information.

If you sent us a notice through direct email or letter we will try to inform you of the situation however we cannot guarantee that we will do it everytime because some notices include many links.

Channels on topgaana are made for exclusive content owners only. We do not give this status to companies or individuals that simply bought non-exclusive video licenses. However it is sometimes difficult to evaluate content so if you think some channels on topgaana do not own the content they are uploading please contact us and we will remove their content owner status if we find that we made a mistake.  


D. You understand that when using the Website, you will be exposed to user Submissions from a wide variety of sources, and that Topgaana is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Submissions. You further understand and acknowledge that you may be exposed to user Submissions that are inaccurate, indecent, offensive, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against topgaana with respect thereto, and agree to indemnify and hold topgaana and its owners, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Website.

  


5. Warranty Disclaimer


YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, TOPGAANA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. TOPGAANA MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE'S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY:


• ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, 


• PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, 


• ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, 


• ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR

• ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE.
 TOPGAANA DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND topgaana WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.



6. Limitation of Liability




IN NO EVENT SHALL TOPGAANA, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY:


• ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, 


• PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE,

• ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, 


• ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE,


• ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR


• ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT Topgaana IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT Topgaana SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.



7. Notices to TopGaana

General inquiries may be made by using this online form. https://topgaana.com/contact.php

Copyright violation notices should be made with send email on [email protected]

Contact for other content-related issues, such as reporting innapropriate content can be made by sending email on [email protected]

It is important to use the right form or contact method as failing to do so could slow down your request or even cause it to be left unnoticed.


8. Venue and Jurisdiction, Choice of Law, Arbitration

Where applicable, the English version of the Terms and Conditions will prevail over any foreign language versions.


9. General




 

These terms of service, the privacy policy, the rules as written on the upload form, and any other legal notices published on the Website, shall constitute the entire agreement between you and Topgaana. If any provision of these terms of service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these terms of service, which shall remain in full force and effect. No waiver of any term of this these terms of service shall be deemed a further or continuing waiver of such term or any other term, and topgaana's failure to assert any right or provision under these terms of service shall not constitute a waiver of such right or provision. topgaana reserves the right to amend these terms at any time. Your use of the Website following any amendment of these terms of service will signify your assent to and acceptance of its revised terms.


Topgaana.com is a free hosting service for audio files. About 120 to 200 audio files are uploaded each day. Our pages (everything that you see hosted on www.topgaana.com) contain absolutely no spyware/adware/trojan/etc. There is no charge (no hidden charges either) for viewing our audio.