These Terms of Use ("Terms") govern your access to and use of Top 3, including the Top 3 mobile application and related services (collectively, "Top 3" or the "Service").
Top 3 is operated by Jeremy Linskill in Toronto, Ontario, Canada ("Top 3," "we," "us," or "our").
By creating an account, accessing, or using Top 3, you agree to these Terms. If you do not agree to these Terms, do not use the Service.
1. Eligibility
You must be at least 13 years old to create or use a Top 3 account.
If you are not legally able to enter into a binding agreement in your jurisdiction, you may use Top 3 only with the involvement and consent of a parent or legal guardian where required by applicable law.
You may not use Top 3 if applicable law prohibits you from receiving or using the Service.
2. Your Account
You are responsible for providing accurate account information and for maintaining the security of your account credentials.
You are responsible for activity that occurs through your account, except to the extent that activity results from circumstances outside your reasonable control.
You must not impersonate another person, misrepresent your identity, create an account for deceptive purposes, or use another person's account without authorization.
If you believe your account has been compromised, contact Top 3 promptly.
3. The Top 3 Service
Top 3 is a social discovery service that allows users to create and share ranked Top 3 lists, discover lists and people with similar tastes, follow other users, interact through likes and comments, view community rankings, and use related discovery and recommendation features.
Features may change, be added, removed, suspended, or discontinued as the Service evolves. We may also impose reasonable limits on features or access when necessary to operate, secure, maintain, or improve Top 3.
4. User Content
"User Content" means content you submit, create, publish, or otherwise make available through Top 3, including profile information, display names, usernames, bios, comments, ranked lists, selections, and other material you contribute to the Service.
You retain ownership of any rights you have in your User Content.
By submitting User Content to Top 3, you grant Top 3 a non-exclusive, worldwide, royalty-free license to host, store, reproduce, display, format, distribute, and otherwise use that User Content only as reasonably necessary to operate, provide, secure, improve, and promote the Top 3 Service and its features.
This license allows Top 3, for example, to display a published list in feeds, profiles, rankings, discovery features, shared links, and other parts of the Service.
You represent that you have the rights necessary to submit your User Content and to grant this license.
The license ends when the relevant User Content is deleted from Top 3, except to the extent that retention is reasonably necessary for backups, legal obligations, security, dispute resolution, or other legitimate operational purposes, or where content has been independently retained as permitted by law.
5. Acceptable Use
You must use Top 3 lawfully and responsibly.
You may not use Top 3 to post, promote, facilitate, or engage in content or conduct that:
threatens, encourages, glorifies, or incites violence or serious harm;
harasses, bullies, intimidates, stalks, or targets another person for abuse;
promotes hatred, dehumanization, or violence against people based on protected characteristics;
sexually exploits or endangers minors, or contains child sexual abuse or exploitation material;
encourages suicide, self-harm, or serious harm to another person;
is pornographic or primarily intended to provide sexually explicit material;
impersonates another person or deceptively misrepresents identity or affiliation;
is fraudulent, deceptive, malicious, spam-like, or intended to manipulate the Service;
violates another person's privacy or unlawfully discloses personal or confidential information;
infringes copyright, trademark, publicity, privacy, or other intellectual-property or proprietary rights;
violates applicable law or encourages others to violate applicable law;
attempts to interfere with, disrupt, damage, overload, probe, reverse engineer, or gain unauthorized access to Top 3, its systems, accounts, or data, except where a restriction on reverse engineering is prohibited by applicable law; or
circumvents or attempts to circumvent Top 3's moderation, security, access-control, account, or technical safeguards.
These requirements are supplemented by the Top 3 Community Standards, which provide additional guidance for user behaviour and content.
6. Content Moderation, Reporting, and Blocking
Top 3 may use automated and manual measures to help identify, restrict, review, or remove content that violates these Terms, the Community Standards, applicable law, or App Store requirements.
Automated filtering is not capable of identifying every inappropriate or harmful use of the Service. The absence of an automated restriction does not mean content is permitted.
Users may report content, comments, or accounts that they believe violate Top 3's rules. Top 3 may review reports and take appropriate action.
Top 3 also provides blocking features that allow users to limit interactions and visibility involving other users.
We may remove or restrict User Content, limit features, suspend accounts, or terminate accounts where we reasonably believe this is necessary to enforce these Terms or the Community Standards, protect users or the Service, comply with law, respond to valid legal requests, or address security or abuse.
We are not required to preserve or restore content removed in accordance with these Terms.
7. Intellectual Property
Top 3 and its original software, interface, design, branding, logos, graphics, features, and other materials are owned by or licensed to Top 3 and are protected by applicable intellectual-property laws.
Except for rights expressly granted under these Terms or applicable law, you may not copy, modify, distribute, sell, license, exploit, or create derivative works from Top 3's proprietary materials without permission.
Top 3 may display titles, names, descriptions, artwork, images, ratings, metadata, previews, trailers, links, and other information supplied by third-party content providers. Ownership of that material remains with the applicable rights holders.
8. Copyright and Other Rights
You must not submit User Content that infringes another person's copyright or other rights.
If you believe content available through Top 3 infringes your rights, contact us with enough information to identify the material and explain your concern. We may remove or restrict material where appropriate and may request additional information needed to assess the report.
Nothing in these Terms limits rights or exceptions available under applicable copyright law.
9. Third-Party Services and Content
Top 3 uses or interacts with third-party services and content providers to support features such as authentication, search, metadata, artwork, analytics, media previews, trailers, push notifications, and external links.
Third-party services may have their own terms, privacy policies, availability rules, geographic restrictions, and technical requirements. Your use of those services may be subject to their terms.
Top 3 does not control and is not responsible for the availability, accuracy, legality, or operation of third-party services or content.
Third-party content displayed by Top 3 does not imply endorsement by Top 3.
10. Privacy
Our collection, use, disclosure, retention, and deletion of personal information are described in the Top 3 Privacy Policy.
By using Top 3, you acknowledge that you have had an opportunity to review the Privacy Policy.
11. Account Suspension and Termination
You may stop using Top 3 at any time.
You may permanently delete your Top 3 account using the account-deletion feature available in Settings. Account deletion is subject to the data-handling practices described in the Privacy Policy.
Top 3 may suspend, restrict, or terminate access to the Service if we reasonably believe you have materially or repeatedly violated these Terms or the Community Standards, created risk or harm for Top 3 or its users, or where suspension or termination is required by law.
Where appropriate, Top 3 may take action without advance notice, particularly where urgent safety, security, legal, fraud, abuse, or platform-compliance concerns exist.
12. Service Availability
We aim to provide a reliable Service, but Top 3 may occasionally be unavailable, interrupted, delayed, changed, or affected by circumstances outside our control.
We do not guarantee that every feature, item of third-party content, media preview, search result, recommendation, notification, or external service will always be available, accurate, complete, or error-free.
13. Disclaimers
To the maximum extent permitted by applicable law, Top 3 is provided on an "as is" and "as available" basis.
We do not make warranties or representations that the Service will always be uninterrupted, secure, error-free, or suitable for every purpose.
Nothing in these Terms excludes warranties, guarantees, rights, or remedies that cannot lawfully be excluded.
14. Limitation of Liability
To the maximum extent permitted by applicable law, Top 3 and its operator will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages arising from or relating to your use of, or inability to use, the Service.
Nothing in these Terms excludes or limits liability where doing so would be prohibited by applicable law.
15. Changes to These Terms
We may update these Terms from time to time to reflect changes to Top 3, legal requirements, safety practices, or our operations.
When we make changes, we will update the "Last Updated" date. Where required by law or where changes materially affect your rights, we will provide additional notice or obtain consent as appropriate.
Your continued use of Top 3 after updated Terms take effect constitutes acceptance to the extent permitted by applicable law.
16. Governing Law
These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable there, without regard to conflict-of-law principles.
Nothing in this section deprives you of mandatory consumer protections or other rights that apply to you under the laws of your jurisdiction.
17. Apple App Store
If you obtain Top 3 through Apple's App Store, your use of the application is also subject to the applicable Apple Media Services terms and Apple's Licensed Application End User License Agreement, except to the extent that a valid custom end-user license agreement applies.
Apple is not responsible for providing maintenance or support for Top 3 except as required by applicable law or Apple's applicable terms.
18. General
If any provision of these Terms is found unenforceable, the remaining provisions will continue in effect to the extent permitted by law.
Our failure to enforce a provision of these Terms does not waive our right to enforce it later.
These Terms, together with the Privacy Policy and Community Standards where applicable, form the rules governing your use of Top 3, subject to any additional terms that must apply by law or through the platform from which you obtain the application.
19. Contact
Questions about these Terms, reports concerning rights, or other legal inquiries may be sent to:
Jeremy Linskill
Toronto, Ontario, Canada
Email: support@top3taste.com
Website: https://top3taste.com/