Terms and Conditions

Last updated: January 31, 2023

Please read these terms and conditions carefully before using this website.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
Country refers to: North Carolina, United States
Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Top Shelf Video Assets a Subsidiary of Top Shelf VA Services, Charlotte, North Carolina 28105.
Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
Service refers to the Website.
Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
Website refers to Top Shelf Video Assets a Subsidiary of Top Shelf VA Services, accessible from https://topshelfvideoassets.com
You or Your means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service or Products, as applicable.

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service, You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

You represent that You are over the age of 18. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

Links to Other Websites

Our Service may contain links to third-party websites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services. You further acknowledge and agree that the Company 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 or reliance on any such content, goods, or services available on or through any such websites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

Termination

In the event You breach any of the provisions outlined in these Terms and Conditions, the Company reserves the right to terminate Your access to Our Website and Services at any time and without prior notice. Any unauthorized access or use of Our Website and Services will also result in termination of access. Additionally, We may terminate Your access to Our Website and Services at any time and without prior notice if We determine, in Our sole discretion, that Your use of Our Website and Services is no longer commercially viable. Upon termination, You must immediately cease all use of our Website and Services.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Conditions, and Your exclusive remedy for all the foregoing shall be limited to the amount actually paid by You through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms and Conditions), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.

"AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems, or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Governing Law

These Terms and Conditions and Your use of Our Website and Services shall be governed by and construed in accordance with the laws of the Country, without giving effect to any principles of conflicts of law. Any disputes arising out of or related to these Terms and Conditions or Your use of our website and services shall be subject to the exclusive jurisdiction of the courts located within Charlotte, North Carolina, United States of America, and you hereby consent to the personal jurisdiction and venue of such courts.

Disputes Resolution

Any disputes arising out of or in connection with these Terms and Conditions or the use of Our Website and Services shall be first resolved through good faith negotiation between the parties. In the event that the dispute is not resolved through negotiation, the parties agree to submit the dispute to binding arbitration before a single arbitrator. The arbitration shall take place in Charlotte, North Carolina, United States of America, and the language used in the arbitral proceedings shall be English. The decision of the arbitrator shall be final and binding on the parties.

For European Union (EU) Users

These terms and conditions, and any dispute arising out of or in connection with these terms and conditions, shall be governed by, and construed in accordance with, the laws of the United States of America and the parties submit to the exclusive jurisdiction of the courts of the Charlotte, North Carolina, United States of America. Furthermore, if you are a consumer, any disputes arising out of or in connection with these terms and conditions, including any questions regarding their existence, validity or termination, shall be subject to the non-exclusive jurisdiction of the courts of the country in which you are resident, if the regulations in that country do not permit the choice of jurisdiction of these terms and conditions.

United States Legal Compliance

You represent and warrant that You are not located in a country that is subject to a United States of America Government embargo, or that has been designated by the United States of America Government as a “terrorist supporting” country, and that You are not listed on any United States of America Government list of prohibited or restricted parties. You also agree to comply with all applicable United States of America Government export laws, restrictions and regulations and will not export, or allow the export or re-export of the service to any prohibited country, entity, or person for which an export license or other governmental approval is required, without first obtaining all required licenses or approvals.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms and Conditions shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material. We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Contact Us

If you have any questions about these Terms and Conditions, You can contact Us by visiting this page on our website: https://topshelfvideoassets.com/contact.