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Terms-Of-Service

TERMS OF SERVICE

These Terms of Service (collectively, these “Terms of Service”) are agreed to as of this day by you (the “User,” “you” or “your”) and Drotar Sole Proprietor (“Drotar Sole Proprietor,” “us,” “our,” or “we”). These Terms of Service set forth the terms and conditions that apply to your access to and use of www.ilovetopspin.com, and our related technology systems (collectively, the “Website”). These Terms of Service also set forth the terms and conditions that apply to the use of the Website and any User’s subscription to Drotar Sole Proprietor’s newsletter or purchase of any online service or product offered by Drotar Sole Proprietor (collectively, “Online Services”).

Please read these Terms of Service and our Privacy Policy carefully prior to your use of our Website and/or your registration for, purchase, or use of any of our Online Services. By submitting information to Drotar Sole Proprietor, either by using our Website or registering for, purchasing, or using an Online Service, you agree to be bound by all of the terms and conditions of these Terms of Service and the Privacy Policy, including any changes or revisions which Drotar Sole Proprietor, in its sole discretion and from time to time, may make to these Terms of Service and/or the Privacy Policy. If you do not agree with all of the terms and conditions of these Terms of Service and the Privacy Policy you are not authorized to use our Website or register for, purchase, or use any of our Online Services, and your sole remedy is to stop using our Website and our Online Services.

Compliance with These Terms of Service

You agree to comply with all federal, state and local laws, rules and regulations regarding online conduct and transmission of information. To determine your compliance with these Terms of Service, the Privacy Policy and any applicable laws, Drotar Sole Proprietor reserves the right, but not the obligation, to monitor your use of the Website and our Online Services. Drotar Sole Proprietor reserves the right to refuse to post or to remove any information or materials, in whole or in part, that it deems in its sole discretion to be unacceptable, offensive, or in violation of these Terms of Service, the Privacy Policy and/or any applicable laws.

Using our Website and Online Services

You are only entitled to use our Website for lawful purposes and pursuant to the terms and conditions of these Terms of Service, the Privacy Policy, and applicable laws. Your use of our Website may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of our Website, or other actions that Drotar Sole Proprietor, in its sole discretion and from time to time, may elect to take. Drotar Sole Proprietor reserves the right to suspend or discontinue the availability of our Website and/or any portion or feature of our Website at any time in our sole discretion and without prior notice.

You shall not, and you shall not attempt to or otherwise authorize, encourage, or support a third party’s attempts to, create derivative works of or make commercial use of the content on our Website (“Content”). You shall also not, and you shall not attempt to or otherwise authorize, encourage, or support a third party’s attempts to, circumvent, re-engineer, decrypt, break, or otherwise alter or interfere with our Website in any manner. You shall also not reproduce, modify, distribute, sell, or otherwise transfer any rights in and/or to any Content. You shall not metatag, provide links to, frame, or mirror our Website without the prior express written permission of Drotar Sole Proprietor.

You shall not be permitted to do any of the following, as determined by Drotar Sole Proprietor, in its sole discretion, each of which may result in your loss of the right to access and use our Website and/or Online Services: (a) violate the terms and conditions of these Terms of Service, our Privacy Policy, or applicable law; (b) restrict, inhibit, or prevent any access to, use, or enjoyment of our Website or any Online Service; or (c) through the use of our Website or any Online Service, defame, abuse, harass, offend, or threaten anyone or any entity.

You acknowledge that you are solely responsible for providing and maintaining all equipment, hardware, software and means of communication, and charges for all related services, for your access to and use of the Website and our Online Services.

Intellectual Property Rights

The name “Drotar Sole Proprietor,” www.ilovetopspin.com, and other trade names, URLs, and Website domain names owned and/or operated by Drotar Sole Proprietor, and Drotar Sole Proprietor’s graphics, logos, page headers, button icons, scripts, and service names are copyrights, service marks, trademarks and/or trade dress of Drotar Sole Proprietor (collectively, the “Proprietary Marks”). You may not use the Proprietary Marks without the prior express written permission of Drotar Sole Proprietor, which permission may be withheld in Drotar Sole Proprietor’s sole discretion. Drotar Sole Proprietor makes no proprietary claim to any third party names, trademarks, or service marks appearing on our Website. Any third party names, trademarks, and service marks are property of their respective owners.

The Content, downloads, and other data and information viewable on, contained in, or downloadable from our Website and the Proprietary Marks, and all other intellectual property, proprietary rights, or other rights related to tangible and intangible property which are used, developed, comprising, embodied in, or provided in connection with our Website and Online Services (collectively, the “Intellectual Property”), including, without limitation, all text, graphics, charts, pictures, photographs, images, line art, icons, and renditions, are copyrighted or trademarked by, or otherwise licensed to, Drotar Sole Proprietor or its Content suppliers. All software used for our Website (the “Software”) is the property of Drotar Sole Proprietor or its software vendors and is protected by U.S. and international copyright laws. Viewing, reading, printing, downloading, or otherwise using the Intellectual Property does not entitle you to any ownership or intellectual property rights in and/or to the Intellectual Property or the Software.

You shall be solely responsible for any damage resulting from your infringement of Drotar Sole Proprietor’s or any third party’s intellectual property rights regarding the Proprietary Marks, the Intellectual Property the Software, and/or any other harm incurred by Drotar Sole Proprietor or any third party as a direct or indirect result of your copying, distributing, redistributing, transmitting, publishing, or using the same for purposes that are contrary to the terms and conditions of these Terms of Service or applicable law.

Notwithstanding anything to the contrary herein, links from the Website are provided as a convenience to the visitors thereof. No third party website that is linked to the Website or the content thereof has been developed by Drotar Sole Proprietor and Drotar Sole Proprietor has not reviewed, and is not responsible for, the content of any such third party websites. Drotar Sole Proprietor makes no guarantees, representations, or warranties as to, and shall have no liability for, any content contained in or derived from any third party website.

Electronic Communications

By using our Website or using an Online Service, you consent to receive communications from Drotar Sole Proprietor electronically. Although Drotar Sole Proprietor may choose to communicate with you by other means, Drotar Sole Proprietor may also choose to solely communicate with you electronically by e-mail or by posting notices on our Website. You agree that all agreements, notices, disclosures, and other communications that Drotar Sole Proprietor sends to you electronically satisfy any legal requirement that such communications be in writing.

Disclaimer of Warranties

ALL CONTENT CONTAINED ON DROTAR SOLE PROPRIETOR’S WEBSITE OR NEWSLETTER, OR ANY OTHER PRODUCTS OR MATERIALS PROVIDED BY OR THROUGH ILMG OR WHICH IS OTHERWISE DERIVED OR ACQUIRED BY ANY PERSON THEREFROM IS “AS IS”, “WHERE IS” AND “WITH ALL FAULTS”. DROTAR SOLE PROPRIETOR MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. DROTAR SOLE PROPRIETOR HEREBY SPECIFICALLY DISCLAIMES ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND ANY AND ALL OTHER IMPLIED WARRANTIES. Notwithstanding any other agreement or other communications to the contrary, receipt or use of any content contained on the Website or Online Services, or that is derived or acquired by User therefrom at any time and through any means, whether directly or indirectly, represents such User’s acknowledgement of this Disclaimer of warranties and his or her agreement with the terms and conditions contained herein.

Refund Policy

Drotar Sole Proprietor’s Return Policy applies to your purchase of any materials or products from the Drotar Sole Proprietor through the Website (collectively, the “Product”). If you ordered an incorrect Product or need to return a Product for other reasons, you may return the Product to the Company for a refund within thirty (30) days of delivery of the Product to you, subject to the following terms and conditions:

You must first contact Drotar Sole Proprietor by e-mail at support@ilovetopspin.com or by telephone at 0041 76 529 64 14 to request a Returned Material Authorization (RMA) number. Write the RMA number on the shipping label of each box to be returned. Please be advised that any Product returned without an RMA number or returned beyond 30 days of delivery of the Product to you, will not be accepted and will be returned to you at your expense.

Products must be un-opened in their original packaging to be accepted for return. If Drotar Sole Proprietor elects to accept the return of an opened Product (which it may decline in its sole discretion), such opened Products are subject to a 20% restocking fee.

Drotar Sole Proprietor does not reimburse shipping costs to return an item.

Return packages with insufficient postage will not be accepted.

Products must be returned and received by Drotar Sole Proprietor in original condition. We will not accept Products damaged in return transit, so please be sure to package the Product well and consider insuring the package.

No returns/refunds/exchanges on discontinued items and clearance items.

If Products are originally purchased with a Gift Certificate Voucher, a Gift Certificate Voucher will be given as payment for return.
Drotar Sole Proprietor’s refund policy only applies to Products, and does not apply to any memberships, registrations or subscriptions to Online Services.

If you purchase a lifetime membership and have received an item with purchase, and then decide you would like a refund (within the allotted 30 days), you are entitled to a refund less the cost of the item, as determined by Drotar Sole Proprietor.

To return an item, please call 0044 76 529 64 14, and ship to Gerlisbrunnenstrasse 15 A, 8121 Benglen, ZH, Switzerland.

Cancellation Policy

Users may cancel their subscription for Online Services at any time upon the delivery of written notice to the following: (a) by e-mail to support@ilovetopspin.com, or (b) by U.S. mail or other delivery to Drotar Sole Proprietor, Attn: President, Gerlisbrunnenstrasse 15 A
8121, Benglen, ZH, Switzerland

Affiliate Disclaimer

From time to time, Drotar Sole Proprietor may endorse, promote or suggest services and/or products. Drotar Sole Proprietor’s recommendations will be based solely on Drotar Sole Proprietor’s determination that the service/product is of value to Users based on a review thereof by Drotar Sole Proprietor, and/or Drotar Sole Proprietor’s relationship with the provider/producer of such service/product and/or Drotar Sole Proprietor’s prior usage of such service/product. Drotar Sole Proprietor may be compensated for its recommendations. Drotar Sole Proprietor may receive sample services/products for the purpose of conducting a review thereof. Drotar Sole Proprietor’s policy is to conduct to the best of its ability an unbiased review of such services/products. If a service/product does not meet Drotar Sole Proprietor’s standards or expectations, or is deemed unsafe or is likely to be unsafe, such findings will be noted in the corresponding review of such service/product. Notwithstanding the foregoing, no review shall be deemed to be a guarantee, representation or warranty as to the suitability of any service/product for any particular purpose, and no review should be relied upon by any person in making a determination to purchase, acquire or utilize any such service/product. The determination to utilize any service/product for which Drotar Sole Proprietor provides a review shall be solely the responsibility of the person utilizing such service/product and Drotar Sole Proprietor shall not be liable in any way as a result of any such person’s use of any such service/product. By entering this giveaway, you agree that you are subscribing to the

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email newsletter(s) and granting your approval for Sponsors to contact you regarding offers, information on giveaways and special promotions. By opting in, you also agree to granting your approval for Sponsors to contact you regarding offers, information on giveaways and special promotions.

Limitation on Liability of Drotar Sole Proprietor

Any liability of Drotar Sole Proprietor, whether in contract, tort, negligence, or otherwise, shall be limited in the aggregate to direct and actual damages not to exceed the fees received by Drotar Sole Proprietor from any User in connection with such use of, registration for and subscription to any Online Services. Drotar Sole Proprietor will not be liable for any losses, damages, claims, costs, expenses or other liabilities resulting directly or indirectly from the use of or reliance upon any content contained in the Website or Online Services. Without limitation, Drotar Sole Proprietor shall not be responsible or liable for any loss or damages, either directly or indirectly, related to (1) any loss of any kind; (2) an inability to access or utilize, or any delay in accessing or utilizing, the Website or any links contained therein to or from any other websites or content; (3) any information or content not contained on the Website, or the failure of Drotar Sole Proprietor to provide, or any delay in providing, any particular content, or any error in the transmission of any content; or (4) the use of any content contained on the Website in any way that may be deemed unsuitable for its intended purpose or that is against industry standards.
Amendments

We reserve the right to amend these Terms of Service at our sole discretion and at any time. You should review these Terms of Service periodically to check for amendments. We will post notice of modifications and additions to these terms on this page. Changes will not apply retroactively and will become effective immediately after they are posted. However, changes addressing new functions for an Online Service or changes made for legal reasons will be effective immediately.

RESPONSIBILITY

Like many other items we use, when used improperly can be dangerous. By purchasing through this system you agree to follow all manufacturer safety instructions and to only use our products in a safe manner in an approved area for a legal purpose.

YOU are assuming all responsibility for the legality of a specific item when you purchase it.

YOU are responsible for checking all local laws before ordering or using an item from ilovetopspin.com or any manufacturer whose product is sold here.

YOU are responsible for complying with all laws in your area.

YOU must notify us immediately should you have any concerns about the legality of any product you have ordered.

YOU are responsible for payment for all orders placed through our system. If you are not sure if you want something – do not order it.

YOU must be of legal age to own any items you order.

YOU must be at least 18 years of age to purchase ANY related item from ilovetopspin.com. ilovetopsin.com may request a copy of your state identification before shipping your order.

YOU must provide a valid contact phone number with any order placed. ilovetopspin.com may contact you at the provided phone number before processing any order.
In making a purchase from ilovetopspin.com, YOU declare and warrant that:

YOU are not prohibited by Federal or State law, or local ordinance, from receiving sport items, of any kind.

YOU are at least eighteen (18) years of age if purchasing sport items.

YOU are the actual transferee/buyer of the item(s) you are purchasing from ilovetopspin.com. (WARNING: You are not the actual buyer if you are acquiring the items(s) on behalf of another person).

YOU are not under indictment or information in any court for a felony, or any other crime, for which the judge could imprison you for more than one year.

YOU have not been convicted in any court of a felony, or any other crime, for which the judge could have imprisoned you for more than one year, even if you received a shorter sentence including probation.

YOU are not a fugitive from justice.

YOU are not an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance.

YOU have not been adjudicated mentally defective (which includes a determination by a court, board, commission, or other lawful authority that you are a danger to yourself or to others or are incompetent to mange your own affairs) OR have not been committed to a mental institution?

YOU have not been discharged from the Armed Forces under dishonorable conditions.

YOU are not subject to a court order restraining you from harassing, stalking, or threatening your child or an intimate partner or child of such partner.

YOU have not been convicted in any court of a misdemeanor crime of domestic violence.

YOU have never renounced your United States citizenship.

YOU are not an alien illegally in the United States.

YOU understand that handling, cleaning, sport components may cause exposure to lead, and YOU hold ilovetopspin.com harmless and YOU assume all responsibility for any lead exposure.

Legality of Purchase and Shipment. If you purchase items on the Site, you agree to comply with all applicable Legal Requirements governing the specific requirements for transfer and shipping of items, including without limitation those found in the Site Rules (which shall apply regardless of any contrary information contained). You covenant and agree that: (i) you will comply with all applicable Legal Requirements (as defined above) in listing, purchasing, transferring and shipping Items; (ii) you shall be solely responsible for compliance with all applicable export or import controls with respect to these transactions with respect to Items purchased or sold by you, (iii) you shall comply with all Legal Requirements regarding the reporting, collection, withholding and payment of all taxes and duties applicable to the sale, export and transport of each Item; (iv) you shall not engage in bid rigging or sale price manipulation of any kind on any Item; and (v) you shall comply with the following required terms of sale on the Site:

· Items may not be sold or shipped contrary to state and local Legal Requirements, which may vary considerably.

(Last Revised November 2019)