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Overview
Welcome to TopHub! We are a free and Subscription software & service based business that provides our users with access to our platform movie or video materials and other audio-visual entertainment streamed over the Internet to certain Internet-connected TV's, computers and other devices.
These Terms of Use govern your use of our service and platform. As used in these Terms of Use, "TopHub service," "our service" or "the service" means the service provided by TopHub for discovering and watching movies & other TV programs, including all features and functionalities, website, and user interfaces, as well as all content and software associated with our service.
You can sign up or register on our platform as a viewer or producer in anywhere around the world, you agree to the Arbitration Agreement and class action waiver described in this terms to resolve any disputes with TopHub platform and we are not responsible for any negligence conducted by viewers or producers in which we classify as human error in protecting their account. As a software based company we have implemented all the preventive measures to secure our users information and the platform. However, should there be any negligence on the user's part to protect their account, they do so at their own risk and TopHub cannot be held responsible.
Please note that these Terms of Use may include names to some third party systems that were integrated into the development of TopHub. Words like Viewer(s) and Producer used in this Terms of Use refers to all users who are on the TopHub Platform.
Acceptance of Terms of Use
These Terms of Use, which include our Privacy Policy, End User License Agreement (EULA), About Cookies and Internet Advertising, and, to the extent you use the social features to govern your use of the TopHub service. By using, visiting, or browsing the TopHub service, you accept and agree to these Terms of Use. If you do not agree to these Terms of Use, do not use the TopHub service.
The TopHub service is provided by Prominent Developer LLC, the parent company. Prominent Developer LLC that is providing the service to you (referred to as "TopHub" in these Terms of Use) and with whom you are entering into this agreement, depends on the country from which you sign up for the TopHub service.
Changes to Terms of Use
TopHub may, from time to time, change these Terms of Use, including the Privacy Policy, EULA and Social Terms. Such revisions shall be effective immediately; provided however, for existing members, such revision shall, unless otherwise stated, be effective 30 days after posting. We will endeavor to post prior versions (including marked changes) of the Terms of Use, if any, for the preceding 12-month period.
Privacy. Personally identifying information is subject to our Privacy Policy the terms of which are incorporated herein. Please review our Privacy Policy to understand our practices.
Communication Preferences
By using the TopHub service, you consent to receiving electronic communications from TopHub relating to your account. These communications may involve sending emails to your email address provided during registration, or posting communications on the TopHub service, or in the "Your Account" page and will include notices about your account (e.g., payment authorizations, Payment Method, confirmation emails and other transactional information) and are part of your relationship with TopHub. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You should maintain copies of electronic communications by printing a paper copy or saving an electronic copy. You also consent to receiving certain other communications from us, such as new TopHub features, movies, videos and content, special offers, promotional announcements and customer surveys via email or other methods.
If you no longer want to receive certain non-transactional communications, simply you can discontinue the use of our services.
Account for Viewers, Subscription & Producers Registration Payment and Cancellation
Account for Viewers
As Viewers your registration is free. Your TopHub membership, start immediately as you sign up onto our platform and continue until you cancel your membership or we terminate it. You must have Internet access and provide us with current, valid, and accurate information because we verify any account. Should there be any False information provided onto our platform, we will terminate your account immediately and if any criminal activity is detected, legal sanctions can be proceeded.
Differing Memberships. We may offer a number of membership plans, including special promotional plans or memberships with differing conditions and limitations. Any materially different terms from those described in these Terms of Use will be disclosed at your sign-up or in other communications made available to you. You can find specific details regarding your membership with TopHub by visiting our website and clicking on the "Your Account". We reserve the right to modify, terminate or otherwise amend our offered membership plans.
Subscription
TopHub offers Subscription MOVIES on its platform. All users have the right to select which movie they prefer to watch – however, Subscription movies are not free. A predefined amount set on the platform will be required to be paid by viewers to watch specific movies. Producers have the right to either make their movies free or Subscription and if that happens, Viewers must follow suit.
Acceptable Payment Method options include but not limited to Credit, Debit Cards, PayPal, and Mobile Money. TopHub reserves the right to introduce or remove any payment method on to the platform with or without users' notice. Any applicable taxes and fees will be added to Subscription Movies at the WILL of TopHub. You have the option to avoid Subscription Movies by watching free ones.
Producer Registration Payment
Producers are required to make a payment during signup or registration on TopHub platform. Producers have an option to select different lengths of an account they prefer to sign up for. Based on the option a Producer selects, the Producer account will be valid up till that registration duration. Failure on the Producer to make a payment prevent the Producer from being able to submit the movie on to the platform. If the Producer account subscription expires, the account will not be active until payment will be made to renew.
Price Changes. We reserve the right to adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms of Use, any price changes to your service will take effect immediately with or without prior notice. If Producer and Viewers have any concern regarding price change, the respective user can contact TopHub Payment Team for explanation.
No Refunds. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. Following any cancellation, the user access to the platform will be ended. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
Payment Methods. You may edit your Payment Method information by visiting our website and clicking on "Your Account". If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your account you remain responsible for any uncollected amounts and authorize us to continue the Payment Method, as it may be updated. You can use your Credit Card, Debit Card, and Mobile Money to make payment on the TopHub platform. TopHub reserves the right to add or remove any payment method at its own discretion.
Cancellation. You may cancel your TopHub membership at any time by deleting or uninstalling any form of TopHub App or service from your device. Be reminded that when you do that, it's your own discretion without any effect on us.
TopHub Service
You must be at least 16 years of age, or the age of majority in your province, territory or country, to become a member of the TopHub service. Individuals under the age of 16, or applicable age of majority, may utilize the service only with the involvement of a parent or legal guardian, under such a person's account and otherwise subject to these Terms of Use.
The TopHub service, and any content viewed through our service, are for your personal and non-commercial use only. During your TopHub membership, we grant you a limited, non-exclusive, non-transferable, license to access the TopHub service and view movies and TV shows through the service on a streaming-only basis for that purpose. Except for the foregoing limited license, no right, title or interest shall be transferred to you. Downloading and sharing of accounts, contents and pirating on TopHub platform is prohibited. Any user found in this regard faces instant termination of account and such individuals can face legal actions applicable.
You may view a movie or TV show through the TopHub service only in geographic locations where we offer our service and have licensed such movie or TV show. The content that may be available to watch will vary by geographic location. TopHub will use technologies to verify your geographic location. You may watch FREE & Subscription CONTENTS on our platform however, you CANNOT share our content, your account or any information associated with your account on TopHub platform.
We continually update the TopHub service, including the content library. In addition, we continually test various aspects of our service, including our website, user interfaces, service levels, plans, promotional features, availability of movies and TV shows, delivery and pricing. We reserve the right to, and by using our service you agree that we may include you in or exclude you from these tests without notice. We reserve the right in our sole and absolute discretion to make changes from time to time and without notice in how we offer and operate our service.
You agree to use the TopHub service, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, including public performance limitations or other restrictions on use of the service or content therein. You agree not to archive, download (other than through caching necessary for personal use), reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use (except as explicitly authorized in these Terms of Use) content and information contained on or obtained from or through the TopHub service without express written permission from TopHub or its licensors. You also agree not to: circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the TopHub service; use any robot, spider, scraper or other automated means to access the TopHub service; decompile, reverse engineer or disassemble any software or other products or processes accessible through the TopHub service; insert any code or product or manipulate the content of the TopHub service in any way; or, use any data mining, data gathering or extraction method. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the TopHub service, including any software viruses or any other computer code, files or programs.
The availability of movies & TV shows to watch will change from time to time, and from country to country. The quality of the display of the streaming movies & TV shows may vary from computer to computer, and device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges. TopHub makes no representations or warranties about the quality of your watching experience on your display. The time it takes to begin watching a movie or TV show will vary based on a number of factors, including your location, available bandwidth at the time, the movie or TV show you have selected and the configuration of your TopHub ready device.
TopHub movie software is developed by, or for, Prominent Developer LLC and is designed to enable watching of content from TopHub through TopHub ready devices. This software may vary by device and medium, and functionalities may also differ between devices. BY USING OUR SERVICE, YOU ACKNOWLEDGE AND AGREE TO THE END USER LICENSE AGREEMENT AND TO RECEIVE, WITHOUT FURTHER NOTICE OR PROMPTING, UPDATED VERSIONS OF THE TopHub AND RELATED THIRD-PARTY SOFTWARE. IF YOU DO NOT ACCEPT THE FOREGOING TERMS, DO NOT USE OUR SERVICE. WE DO NOT TAKE RESPONSIBILITY OR OTHERWISE WARRANT THE PERFORMANCE OF THESE DEVICES, INCLUDING THE CONTINUING COMPATIBILITY OF THE DEVICE WITH OUR SERVICE. By using our service, you agree to look solely to the entity that manufactured and/or sold you the device for any issues related to the device and its compatibility with the TopHub service. If your TopHub ready device is sold, lost or stolen, please deactivate the TopHub ready device. If you fail to log out or deactivate your device, or uninstall TopHub Content, subsequent users may access the TopHub service through your account and may be able to access certain of your account information and we are not responsible for any losses you will encounter.
Phone Number Verification & Account Access
The member who created the TopHub account and uses our contents is referred to here as the Account Owner. The Account Owner has access and control over the TopHub account. The Account Owner's control is exercised through use of the Account Owner's phone number of which it was verified during registration or sign up and therefore to maintain exclusive control, the Account Owner should not reveal the details to anyone. In addition, if the Account Owner wishes to prohibit others from contacting TopHub Customer Service and potentially altering the Account Owner's control, the Account Owner should not reveal or share any information associated with their account. You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your account. All information goes through our intensive verification process after registration and False information could lead to legal punishment applicable within the jurisdiction of your location.
In order to provide you with ease of access to your account and to help administer the TopHub service, TopHub implements technology that enables us to recognize you as the Account Owner and provide you with direct access to your account through the mobile number you provided during registration on TopHub. Our identification and verification process grants you full control over your account which includes accessing via TopHub ready devices or website.
BY SHARING THE TopHub SERVICE ACCOUNT DETAILS OR ALLOWING OTHERS TO ACCESS YOUR ACCOUNT, THE ACCOUNT OWNER AGREES TO BE RESPONSIBLE FOR ASSURING THAT HOUSEHOLD MEMBERS COMPLY WITH THE TERMS OF USE AND SUCH ACCOUNT OWNER SHALL BE RESPONSIBLE FOR THE ACTIONS OF THE HOUSEHOLD MEMBERS.
You should be mindful of any communication requesting that you submit credit card or other account information. Providing your information in response to these types of communications can result in identity theft. Always access your sensitive account information by going directly to the TopHub website or app and NOT through a hyperlink in an email or any other electronic communication, even if it looks official. TopHub reserves the right to place any account on hold anytime with or without notification to the member in order to protect itself and its partners from what it believes to be fraudulent activity. TopHub is not obligated to credit or discount a membership for holds placed on the account by either a representative of TopHub or by the automated processes of TopHub.
Disclaimers of Warranties and Limitations on Liability
THE TopHub SERVICE AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE TopHub SERVICE, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TopHub DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE TopHub SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. TopHub SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF APPLICATIONS, TopHub READY DEVICES, AND TopHub SOFTWARE (INCLUDING THEIR CONTINUING COMPATIBILITY WITH OUR SERVICE).
TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL TopHub, OR ITS SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
NOTHING IN THESE TERMS OF USE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU. If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.
Intellectual Property
Copyright. The TopHub service, app & software, including all content provided on the TopHub, is protected by United States, Ghana and international copyright, trade secret or other intellectual property laws and treaties.
Trademarks. TopHub is a registered trademark of TopHub and reserves that right to itself ONLY.
Patents. TopHub has patents that apply to our service, software, and any innovative features, and functionalities built in TopHub. We reserve our right and control it alone
Claims of Copyright Infringement. If you believe your work has been reproduced or distributed in a way that constitutes copyright infringement or are aware of any infringing material available through the TopHub service, please notify us by contacting our support team for resolution.
Governing Law
Wherever you live and decides to use TopHub software and services, the Terms herein applies to you and any violation is applicable to your location and legal jurisdiction.
You may also be entitled to certain consumer protection rights under the laws of your local jurisdiction. However, we hold exclusive rights to protect our software, content, users, and services and therefore, our Terms abide by your use of our platform.
Applications
You may encounter third-party applications (including, without limitation, websites, widgets, software, or other software utilities) ("Application(s)") that interact with the TopHub service. These Applications may import data related to your TopHub account and activity and otherwise gather data from you. These Applications are provided solely as a convenience to you, and TopHub is not responsible for such Applications. SUCH APPLICATIONS ARE OWNED OR OPERATED BY THIRD PARTIES THAT ARE NOT RELATED TO WITH OR SPONSORED BY TopHub AND MAY NOT BE AUTHORIZED FOR USE WITH OUR SERVICE IN ALL COUNTRIES. USE OF AN APPLICATION IS AT YOUR OWN OPTION AND RISK.
Use of Information Submitted
TopHub is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us ("Feedback"), including responses to questionnaires or through postings to the TopHub service, including the TopHub website and user interfaces, without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the TopHub service. In addition, you agree not to enforce any "moral rights" in and to the Feedback, to the extent permitted by applicable law. Please note TopHub does not accept unsolicited materials or ideas for movies or TV shows, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to TopHub. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against TopHub and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the material or idea you sent.
Customer Support. If you need assistance with your account, click on the "Contact Us" link at the top right hand corner of our website at any time. There you can reach out to us for any form of assistance. In certain instances, Customer Service may best be able to assist you by using a remote access support tool through which we have full access to your computer. If you do not want us to have this access, you should not consent to support through the remote access tool, and we will assist you through other means. In the event of any conflict between these Terms of Use and information provided by Customer Support or other portions of our website, these Terms of Use will control.
Arbitration Agreement
If you are a TopHub user in every part of the world, you and TopHub agree that any dispute, claim or controversy arising out of or relating in any way to the TopHub service, these Terms of Use and this Arbitration Agreement, shall be determined by binding arbitration or in small claims court. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. You agree that, by agreeing to these Terms of Use, the Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and TopHub are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this Agreement and the termination of your TopHub membership.
If you elect to seek arbitration or file a small claim court action, you must first send to TopHub, by certified mail, a written Notice of your claim ("Notice"). The Notice to TopHub can also be emailed to TopHub support. If TopHub initiates arbitration, it will send a written Notice to the email address used for your membership account. A Notice, whether sent by you or by TopHub, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If TopHub and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or TopHub may commence an arbitration proceeding or file a claim in small claims court.
The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration agreement. Unless TopHub and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your residence.
YOU AND TopHub AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and TopHub agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.
By accepting all the enclosed information in this Terms you hereby agree to abide by TopHub policies and conditions at your own will.
We DO NOT provide REFUND to customers after they have subscribed and used TopHub platform for more than two weeks. Or after they have subscribed and report to their bank as Fraudulent activity whiles they have used the platform and watched movies TopHub have purchased from content providers or producers.