Terms of Service | topofmine

1. Acceptance of Terms

These Terms of Service ("Terms") govern your access to and use of topofmine (the "Service"), operated by DotOneSix LLC ("we," "us," or "our").

By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service.

2. Eligibility

You must be at least 13 years old to use the Service. By using the Service, you represent and warrant that you are at least 13 years of age. If you are under 18, you represent that you have your parent or guardian's permission to use the Service.

We reserve the right to terminate accounts of users who are found to be under the minimum age requirement.

3. Account Registration

To use certain features of the Service, you must create an account. When creating an account, you agree to:

Provide accurate and complete information
Maintain the security of your password and account
Accept responsibility for all activities that occur under your account
Notify us immediately of any unauthorized use of your account

You may not use another person's account without permission. We reserve the right to suspend or terminate accounts that violate these Terms.

4. User Content

4.1 Your Content

You retain ownership of content you create on the Service (such as lists, rankings, and profile information). By posting content, you grant us a non-exclusive, worldwide, royalty-free license to use, display, reproduce, and distribute your content in connection with operating and promoting the Service.

4.2 Content Standards

You agree not to post content that:

Is illegal, harmful, threatening, abusive, harassing, defamatory, or invasive of privacy
Infringes on intellectual property rights of others
Contains viruses, malware, or other harmful code
Is spam, advertising, or promotional material without authorization
Impersonates any person or entity
Contains sexually explicit material involving minors
Promotes violence, discrimination, or illegal activities

4.3 Content Removal

We reserve the right to remove any content that violates these Terms or that we find objectionable, without prior notice. We are not obligated to monitor all content but may do so at our discretion.

5. Intellectual Property

5.1 Our Intellectual Property

The Service, including its design, features, and content created by us, is protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, or create derivative works of our intellectual property without permission.

5.2 Third-Party Content

The Service displays information about movies, TV shows, music, and other media from third-party sources. This content is provided for informational purposes and remains the property of its respective owners. Our use of third-party trademarks and content is for identification purposes only.

6. Prohibited Conduct

You agree not to:

Use the Service for any illegal purpose
Attempt to gain unauthorized access to the Service or its systems
Interfere with or disrupt the Service or servers
Use automated systems (bots, scrapers) to access the Service without permission
Collect user information without consent
Circumvent any security features of the Service
Use the Service to send unsolicited communications
Create multiple accounts to evade bans or restrictions

7. Third-Party Services

The Service integrates with and links to third-party services, including:

Streaming platforms (Netflix, Spotify, Apple Music, etc.)
JustWatch for streaming availability data
Songlink/Odesli for music links
Payment processors (Stripe)

Your use of third-party services is subject to their respective terms and privacy policies. We are not responsible for the content, accuracy, or practices of third-party services.

8. Subscriptions and Payments

8.1 Free and Paid Features

The Service offers both free and paid subscription tiers. Paid features and pricing are described on the Service.

8.2 Billing

Subscriptions are billed in advance on a recurring basis (monthly or yearly). You authorize us to charge your payment method for all fees incurred.

8.3 Cancellation

You may cancel your subscription at any time. Upon cancellation, you will retain access to paid features until the end of your current billing period. We do not provide refunds for partial billing periods.

8.4 Price Changes

We reserve the right to change subscription prices. We will provide notice of price changes before they take effect.

9. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that:

The Service will be uninterrupted, secure, or error-free
Results obtained from the Service will be accurate or reliable
Any errors in the Service will be corrected

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DOTONESIX LLC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR USE, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE.

Our total liability for any claims arising from your use of the Service shall not exceed the amount you paid us in the twelve (12) months preceding the claim, or $100 USD, whichever is greater.

11. Indemnification

You agree to indemnify, defend, and hold harmless DotOneSix LLC and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including attorney's fees) arising from:

Your use of the Service
Your violation of these Terms
Your violation of any rights of another party
Your content posted on the Service

12. Termination

We may suspend or terminate your access to the Service at any time, with or without cause, and with or without notice. Upon termination, your right to use the Service will immediately cease.

You may terminate your account at any time by contacting us at support@dotonesix.com.

Provisions of these Terms that by their nature should survive termination shall survive, including ownership, warranty disclaimers, indemnification, and limitations of liability.

13. Governing Law and Disputes

These Terms shall be governed by and construed in accordance with the laws of the United States, without regard to conflict of law principles.

Any disputes arising from these Terms or your use of the Service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, except that either party may seek injunctive relief in a court of competent jurisdiction.

You agree to waive any right to participate in a class action lawsuit or class-wide arbitration against us.

14. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on this page and updating the "Last updated" date. Your continued use of the Service after changes are posted constitutes acceptance of the modified Terms.

15. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

16. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and DotOneSix LLC regarding your use of the Service and supersede any prior agreements.

17. Contact Us

If you have any questions about these Terms, please contact us:

DotOneSix LLC
Email: support@dotonesix.com