This is an Agreement between you and TopTamilInfluencer.com launched in India, that describes the Terms of Service (“Terms”) with respect to your access to and use of content, reports, documents, products, and online services (referred to collectively as the “Services”) we make available through https://toptamilinfluencer.com (referred to collectively as the “Site”). Please take the time to read the Agreement carefully as it governs your use of the Site and Services.
Periodically, TopTamilInfluencer.com may revise, amend or otherwise change these Terms without prior notice to you. You acknowledge and agree that it is your responsibility to review these Terms of Service periodically for changes. You agree that your use of the Services after the effective date of such change will constitute your consent to the revised, amended, or otherwise changed Terms. If you do not agree to the changes, you must stop using the Services.
3. Your Use of The Services
3.1. Toptamilinfluencer platform is served to produce details of the top influencers based on the publicly available information. In particular, we enable you to evaluate the quality of a user`s subscribers and thereby distinguish real subscribers from those being automatically and dishonestly generated. After the Services have been provided to you, you are provided with an option of downloading a report by subscribing for the report (hereinafter "The Report").
3.2. TopTamilInfluencer.com provides you with a limited, non-exclusive, non-transferable, personal and non-assignable permission to use the Site. Accordingly, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose. You must not obscure, alter, remove or delete any copyright or other proprietary notices contained in the Services. You will not copy, modify, adapt, translate or otherwise create derivative works of any of the Services obtained from the Site. You warrant that you will not attempt or assist others to attempt or actually reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the software. You agree to comply with all applicable laws and regulations in your use of and access to the Site and Services. In addition, TopTamilInfluencer.com is not liable for any decision made by you upon using our service.
3.3. You will be required to successfully sign up for a personal account (the “Personal Account”) and be issued with a username and password login (“User ID”) in order to use the Services. If you are issued with a User ID, you shall keep your User ID secure and shall not share your User ID with anyone else, and you shall not collect or harvest any personal data of any other user of TopTamilInfluencer.com, including account names. TopTamilInfluencer.com reserves the right to disable any Personal Account issued to you at any time at TopTamilInfluencer.com’s sole discretion. If TopTamilInfluencer.com disables access to a Personal Account issued to users, users may be prevented from accessing TopTamilInfluencer.com, your account details or any Campaigns that are associated with your account.
3.4. By registering with TopTamilInfluencer.com you agree to receive emails, including but not limited to: newsletters, product updates, opportunities. You will be able to unsubscribe from each group.
3.6. You consider it reasonable and agree that you responsibly use, transfer and process of the personal data transferred to you from TopTamilInfluencer.com. From the moment the data is transferred to you, we cannot reasonably assume what your true purpose is. Therefore, we warn you that if the data received from us is used illegally or outside the scope of legitimate interest, you will be held liable for violation of the provisions of the GDPR and any applicable data protection legislation.
3.7. You consider it reasonable and agree that you are responsible to notify the data subject that you ordered the processing of their personal data and receive a report from TopTamilInfluencer.com, which contains the following data: profile name, avatar, a profile description etc.
4. Provision of The Services
4.1. You understand and agree that TopTamilInfluencer.com may modify, terminate, suspend, or otherwise adjust any and all aspects of the Services at any time without prior notice to you.
4.2. You acknowledge and agree that TopTamilInfluencer.com can disable access to Services for non-payment or other material breach of the Terms, for which, you may be prevented from accessing your files or other content which is contained within TopTamilInfluencer.com’s Site or Services.
4.3. You acknowledge and agree that you are allowed to use only a single account per person.
4.4. TopTamilInfluencer.com can use the collected data itself as a marketing advertiser. This Report will be identical to a regular Report provided to any Customer. Such Reports are subject to rules and laws applicable to all TopTamilInfluencer.com activities.
As part of the registration process, you may be required to provide certain information including, but not limited to, your name, email address and phone number. Users must agree that any registration information you give to TopTamilInfluencer.com will always be accurate, correct and up to date. Users are responsible for protecting any tokens, keys or passwords for TopTamilInfluencer.com Site and Services from unauthorized access. USers will be held responsible for any activity that occurs under your tokens, keys or passwords. Users are solely responsible for any and all activity that occurs on or through your tokens, keys or passwords. Users agree implicity to notify TopTamilInfluencer.com immediately of any unauthorized use of your tokens, keys, passwords or any other breach of security. TopTamilInfluencer.com may access your tokens, keys, passwords from time to time to provide Your assistance with technical or billing issues or in order to maintain or improve the Services.
6.1. You may use the data/content collected and displayed from your use of the Service solely for informational purposes. You understand and acknowledge that such data/content may not be exhaustive and the analysis of the data/content is based on what third-party data sources provide /publicly available information to TopTamilInfluencer.com. The data/content is based on publicly available data/content and TopTamilInfluencer.com does not verify the accuracy of data/content provided by such third parties. Any use of the data/content except as specifically described herein is strictly prohibited. In addition, the data/content collected and displayed may require access to third party sites and such third parties may prevent TopTamilInfluencer.com from generating such data/content. Furthermore, government regulations and/or compliance with applicable laws may prevent TopTamilInfluencer.com from using certain data/content or providing it to you. Users must agree that you shall evaluate and bear all risks associated with the Services, including any reliance on the accuracy, completeness, or integrity of such Services. By using the Site and Services, users represent and warrant that users have such knowledge and experience in financial and business matters that users are capable of evaluating the merits and risks of the information made available in the Site and Services, and make effective use of the Services provided by TopTamilInfluencer.com as an analytical tool. Users must acknowledge that the Services are made available to you without any warranties of any kind. By using the Services, users must understand and agree that your use of the Services is at your sole discretion and risk.
6.2. The Site may contain links to other sites on the Internet which are owned and operated by Third Party Vendors and other third parties (the “External Sites”). Users must acknowledge that TopTamilInfluencer.com is not responsible for the availability of, or the materials located on or through, any External Sites.
6.3. You acknowledge that by accessing the Site, you may come into contact with content that you find harmful, offensive, threatening, indecent or objectionable and you acknowledge that TopTamilInfluencer.com shall have no liability to you for the content including, but not limited to explicit language and other potentially offensive material.
6.4. You shall acknowledge TopTamilInfluencer.com as the source of the data/content; if you use/show data/content from TopTamilInfluencer.com online, you shall link to TopTamilInfluencer.com website, place the TopTamilInfluencer.com logo and credit the source as follows: “Courtesy TopTamilInfluencer.com”.
7.1. You may only use the Service as specified above. You are restricted from using the Service for any other usage, including:
7.2. Use of Charged Services if you have no paid reports or active Subscription.
7.3. Use of any means to modify or reroute the Service.
7.4. You are prohibited from using the data/content collected from our Service after TopTamilInfluencer.com or data subject request to remove it. Such data/content must be deleted within 72 hours of receiving the notification. Also, in the event of a request from the Data Subject for the deletion of its information, users are obliged to ensure that the above information is deleted by all persons/companies/auditors to whom such information was transferred.
7.5. Broadcast, reproduce, republish, post, transmit or distribute any part of the Services (other than as specifically allowed pursuant to these Terms).
7.6. Assign, syndicate, resell or otherwise transfer or make available information obtained via the Service to third parties (unless you have specific written agreement with TopTamilInfluencer.com for this).
7.7. Copy, modify, create a derivative work from, reverse engineer or reverse assemble the Service, or otherwise attempt to discover any source code, or allow any third party to do so.
7.8. Use the Services in any way that harms TopTamilInfluencer.com, its affiliates, resellers, distributors, customers, service providers and/or suppliers, as determined by TopTamilInfluencer.com in its sole discretion;
7.9. Use the Services in any manner that could damage, disable, overburden, or otherwise harm the Services and/or Site or interfere with any other party's use and enjoyment of the Services and/or Site;
7.10. Use any meta tags or any other "hidden text" utilizing TopTamilInfluencer.com’s name or trademarks without the prior written consent of TopTamilInfluencer.com;
7.11. Display the Site in frames or utilize any other techniques to display the Site (or any content on the Site) without the prior written consent of TopTamilInfluencer.com;
7.13. Use the Services to "stalk" or otherwise harass another; and/or collect or store personal data about any other person.
7.14. Employ any technique to compile any false or misleading information or content;
7.15. Harm minors in any way;
7.16. Intentionally or unintentionally violate any applicable law provided by Government of India or state government and any regulations having the force of law;. Currently, personal data is protected by the Sensitive Personal Data or Information Rules (SPDI) 2011 under the Information Technology Act, 2000.
7.17. Provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the Government of India as a foreign terrorist organization.
7.18. Use the Services in any manner that violates or infringes the rights of any third parties, including without limitation copyright, trademark, patent publicity, or other proprietary rights;
7.19. Use the Services to gain unauthorized access to any third-party services, user accounts, computer systems, or networks;
7.20. Use the TopTamilInfluencer.com domain name or other contact information as a pseudonymous reply email, postal, and/or fax address (or any other type of return address) for any communication transmitted from another location or through another service or otherwise impersonate TopTamilInfluencer.com or any other third party;
7.21. Create multiple tokens, keys or passwords for disruptive or abusive purposes, or with overlapping use cases. Mass tokens, keys or passwords creation may result in suspension of all related tokens, keys or passwords. Please note that any violation of these Terms of Service is cause for permanent suspension of all tokens, keys or passwords.
7.22. Any attempt to utilize automated programs, bots, screen scraping or any other means of gathering data other than through our API (When launched) is strictly prohibited.
7.23. YOU ACKNOWLEDGE AND AGREE THAT IN CASE WE DETECT MULTIPLE ACCOUNTS OR/AND PROMOTION PLANS ESTABLISHED FOR ONE PERSON, WE AT OUR SOLE DISCRETION MAY, WITHOUT WARNING AND REFUND, TERMINATE SUCH MULTIPLE ACCOUNTS OR/AND PROMOTION PLANS.
8. Publicity Users must grant TopTamilInfluencer.com the right to add your name and company logo to its customer list and web site. Except for the foregoing, neither party may
You grant TopTamilInfluencer.com the right to add your name and company logo to its customer list and web site. Except for the foregoing, neither party may use the other party’s name or logo without the other party's prior written consent.
9. Cancellation or Termination
9.1. You may cancel the Services at any time, with or without cause. You understand and accept that by cancelling the Services:
i) you may not receive a refund;
ii) you may be obligated to pay all charges due until the end of the subscription;
iii) you may lose access to and use of your keys or passwords and any Services.
9.2. You acknowledge and agree that TopTamilInfluencer.com may terminate your keys or passwords for cause with or without prior notice to you. Cause for termination includes but is not limited to infringement or violation of the Terms, in particular but not limited to violation of clauses 6.4, 7.1 and 7.2 thereof, partial or complete discontinuance of the Services and/or Site, extended periods of inactivity, request to do so by law, and non-payment of fees or charges owed by you to TopTamilInfluencer.com.
9.3. Cancellation or termination will result in immediate cessation of access to the Services, and deletion of your keys or passwords and all Services contained therein. All terminations are at the sole discretion TopTamilInfluencer.com, and you agree that TopTamilInfluencer.com shall not be liable to users or any third party as a result of termination.
9.4. Upon termination or expiration of this Agreement for any reason, all licensed rights granted in this Agreement to you will immediately cease to exist and users will irrecoverably delete any and all data you received from TopTamilInfluencer.com. Sections 6 to 10, and 15, as well as your obligation to pay any fees applicable, including but not limited to those under sub-clause 9.1 (ii) above, will survive any expiration or termination of this Agreement for any reason.
9.5. There will be no refunds for partial use of Service, upgrade/downgrade refunds, refunds for unused features, or refunds for failures or inaccessibility of Service due to circumstances beyond TopTamilInfluencer.com control. In order to treat everyone equally, no exceptions will be made. Downgrading your Service may cause the loss of content, features. TopTamilInfluencer.com does not accept any liability for such loss. TopTamilInfluencer.com reserves the right to suspend or terminate your access to the Services for non-payment. If your Subscription is terminated for any reason, users are still liable for a remaining unpaid period of your Subscription if your Subscription is purchased on monthly basis. TopTamilInfluencer.com may recover such payments due and in that case, you will bear all the expenses related to such recovery or/and debt collection.
10. Proprietary Rights Users must acknowledge and agree that the Site and Services are the exclusive property of TopTamilInfluencer.com and except as may be otherwise provided herein,
You acknowledge and agree that the Site and Services are the exclusive property of TopTamilInfluencer.com and except as may be otherwise provided herein, TopTamilInfluencer.com does not grant any express or implied right in them to you. You agree not to remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) which may be affixed to or contained within the Site. TopTamilInfluencer.com owns the copyright for the Site as a compilation, and all Services accessible from the Site. All content included on the Website, such as text, graphics, logos, button icons, images, data compilations, and software, is the property of TopTamilInfluencer.com or its content suppliers and protected by international copyright laws. Any third-party marks displayed on the Site and/or Services are the property of their respective owners. Users must further acknowledge that the Services may contain information which is designated confidential and that users shall not disclose such information without TopTamilInfluencer.com prior written consent.
11. Contact Us
If you have any questions about these Terms, please contact us at email@example.com or through the enquiry form in contact us page.
12. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TOPTAMILINFLUENCER.COM, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE ACCURACY, ADEQUACY OR COMPLETENESS OF ANY OF THE INFORMATION CONTAINED IN THIS SITE OR CREATED BY THE SERVICES. THE MATERIALS, CONTENT ON THIS SITE AND SERVICES ARE PROVIDED TO YOU ON AN “AS IS” BASIS, WITHOUT ANY WARRANTIES AS TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE NOR WITH RESPECT TO THE RESULTS WHICH MAY BE OBTAINED FROM THE USE OF SERVICES. TOPTAMILINFLUENCER.COM MAKEs NO WARRANTY THAT
i) THE SERVICES WILL MEET YOUR REQUIREMENTS:
ii) THE SERVICES WILL BE ERROR-FREE, SECURE, OR UNINTERRUPTED;
iii) ANY ERRORS WILL BE CORRECTED; AND
iv) THE QUALITY OF THE SERVICES WILL MEET YOUR EXPECTATIONS. ANY SERVICES DOWNLOADED OR OTHERWISE
ACCESSED THROUGH THE USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK AND HYPE AUDITOR SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY ERRORS OR OMISSIONS NOR SHALL IT BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT OR INDIRECT, SPECIAL OR CONSEQUENTIAL, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TOPTAMILINFLUENCER.COM OR ITS SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. IN NO EVENT SHALL THE LIABILITY OF TOPTAMILINFLUENCER.COM OR ANY OF THEIR AFFILIATES PURSUANT TO ANY CAUSE OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED THE FEE PAID BY YOU FOR ACCESS TO SUCH SERVICES. FURTHERMORE, TOPTAMILINFLUENCER.COM SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR DELAYS OR FAILURES DUE TO CIRCUMSTANCES BEYOND THEIR CONTROL.
13. Governing Law and Jurisdiction
13.1. These Terms shall be governed and construed in accordance with the laws provided by Government of India or State Government, without regard to its conflict of law provisions.
13.2. In case such dispute, controversies or differences, cannot be settled amicably through negotiations within a thirty 30-day period it or they shall be settled by the Arbitration Association.
• The number of arbitrators shall be one.
• The place of arbitration shall be Chennai, India.
• The arbitration shall be held, and the award rendered, in English.
Each party shall bear its own expenses, but Parties shall share equally in the expenses of the arbitration tribunal.
Effective Date: 1st June 2022.
Chennai, Tamil Nadu, India.